Lindsay Clancy trial: What happens next after jury deadlock?

On Friday evening, Judge William Sullivan formally declared a mistrial in the case of Lindsay Clancy.

It has attracted global attention and divided opinion in the US after Clancy, 36, strangled her three children in the basement of the family home - but argued she is not guilty by reason of insanity.

The jury seemingly reflected that division with a deadlock, for a third time this week, on whether she is criminally responsible for killing her children - Cora, five, Dawson, three, and eight-month-old Callan.

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But Clancy is still charged with murder and has not yet been cleared in a court of law, so what happens now? Sky News explains.

What happened?

In 2023, the former delivery nurse strangled her three children with exercise bands at their home in the Boston suburb of Duxbury.

She then cut herself with a knife and jumped from a second-storey window in an attempt to take her own life, leaving her paralysed.

It is not disputed by her attorney that she killed them, but it is argued she was suffering from a psychotic episode, which has sparked debate around postpartum mental health treatment in the US and how its mental health system treats cases where mothers kill their children.

But Plymouth County District Attorney Tim Cruz, whose office brought the case, claimed after the mistrial that evidence suggested Clancy was "in control of her actions when she committed those homicides".

Can she face a second trial?

Yes. Although the jury did not reach a verdict following a six-week televised hearing in Plymouth, Massachusetts, it does not end the case and prosecutors can start a new trial with a new jury.

Following the mistrial, Mr Cruz told reporters that no decision had been made on whether prosecutors would retry the case.

Sky News US correspondent David Blevins believes we can safely speculate the defence "will attempt again to have her found not guilty".

He adds he expects the prosecution will likely aim for a retrial.

On 29 September, the defence and prosecution hope to be back in court for a status hearing when they may outline their next steps.

It is possible they make an announcement before this date, however.

Could there be a plea deal?

Yes. In order to avoid the expense and uncertainty of a second trial, both sides could be motivated to make a deal. But this would need court approval.

Where is she now?

Clancy had been confined to a state psychiatric hospital before and during the trial, and would remain in custody if there was a second trial.

If she is found not guilty at a retrial by reason of insanity, she would be committed to a state psychiatric hospital. Her commitment would then be subject to regular review by the court.

If she is retried and convicted of murder, she would face a life sentence in prison.

How does it differ to the UK?

To convict someone of a crime in the US, according to the US constitution, a jury in all federal and state criminal trials must unanimously believe "beyond all reasonable doubt" the defendant is guilty.

Under Massachusetts law, when there is a deadlock a judge can tell the jury to go back and carry on deliberating, but not more than twice unless the jury consents to it. If the jury still cannot reach a unanimous verdict, the judge can declare a mistrial.

In this case, Judge Sullivan refused a defence request ​to remove a juror who Clancy's lawyer believed was preventing the jury from returning a not guilty verdict, due to a note passed to the judge from the forewoman.

This differs to UK law, where the reasonable doubt test is still used and jurors are also asked to reach a unanimous verdict - but if they cannot do that, the judge can order them to carry on or allow them to reach a majority verdict of at least 10 to two, depending on how long they have been deliberating.

Sky News

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