STEVE INSKEEP, HOST:
In Massachusetts, a jury is deadlocked in the murder trial of Lindsay Clancy.
MICHEL MARTIN, HOST:
Clancy is standing trial for killing her three children in 2023. Her defense has never denied that, but says her actions were caused by serious postpartum psychosis. Jurors told the judge twice they could not reach a unanimous decision, but the judge told them to keep going. This raises the possibility that this high-profile case could end in a mistrial.
INSKEEP: Deborah Becker from member station WBUR has been covering this trial and joins us to talk about this. Good morning.
DEBORAH BECKER, BYLINE: Good morning.
INSKEEP: What is happening to try to move the jury along in this rather complicated case?
BECKER: Well, yesterday was the fifth day of deliberation - still no verdict. So the judge took the step of issuing formal instructions, telling the jurors to keep trying. This is a legal procedure called Tuey-Rodriguez instructions in Massachusetts. And it's designed, basically, to break an impasse. Judge William Sullivan told the jurors that they know the case best and should try to reach consensus.
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WILLIAM SULLIVAN: There is no reason to suppose that the case will ever be submitted to 12 persons more intelligent, more impartial or more competent to decide it.
BECKER: These are sort of a final step before a mistrial might be declared. And that's according to John Thompson, a criminal defense attorney who's not involved in this case.
JOHN THOMPSON: It's the last-ditch effort to salvage a verdict out of the trial.
INSKEEP: So the judge is reassuring them, you are the people who can do this. But what if they still can't agree?
BECKER: Well, they've deliberated almost 30 hours so far. If they remain deadlocked today, the judge could then declare a mistrial. Attorney Thompson has dealt with cases like this and says it's a toss-up, really, as to whether jurors do come back with a verdict or remain divided.
THOMPSON: As a group, they have to be unanimously persuaded to come to the same decision. So that's a hard thing to do, especially in a case like this.
BECKER: Clancy's attorneys argued the insanity defense, saying that she acted in the grips of postpartum psychosis. So this whole trial essentially has been a debate about her mental state.
INSKEEP: Yeah.
BECKER: The jury's heard complex and sometimes bewildering testimony. Prosecutors say Clancy rationally planned to kill her children. They reminded the jury of many of the horrific details of the children's violent deaths, and they worked to convince them that she was sane.
INSKEEP: What if we do get to the point of a mistrial? What happens then?
BECKER: Then it's up to the district attorney to decide whether to retry the case. The DA isn't commenting on that at the moment. But Clancy's attorney, Kevin Reddington, told reporters outside court yesterday that he's prepared to defend her again if need be.
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KEVIN REDDINGTON: Yeah. I'm going to ask the judge. I have some motions to file. If they come back with a verdict, we'll see what it is. If they don't, I'm ready to try it next week.
INSKEEP: What's it like to be around the courthouse as everybody waits and waits?
BECKER: Yeah. It's very tense. Several jury members appeared to be really tired. Clancy's family members have been here throughout the trial. They also look wiped out. And after the judge read those instructions, Clancy's attorney put his hand on her shoulder, and she leaned against him. Legal experts expect that we will likely know the outcome of this case later today.
INSKEEP: Reporter Deb Becker from WBUR will be there, whatever happens. Deb, thanks so much.
BECKER: You're welcome.
INSKEEP: If you or someone you know is in crisis or thinking about hurting yourself, you can call or text the Suicide & Crisis Lifeline. It is 988.
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