Lindsay Clancy’s lawyer says she couldn’t handle a second trial

Lindsay Clancy’s defence lawyer Kevin Reddington has said his client wouldn’t be able to emotionally handle a second trial.

The jury in the trial have twice told Judge William Sullivan that they are deadlocked and unable to come to a unanimous decision.

On Wednesday (2 September), Judge Sullivan told the jury to continue with their deliberations and also issued a ‘Tuey-Rodriguez’ charge - AKA a ‘dynamite charge’ - which is used to encourage a jury to come to a decision.

"You have been selected in the same manner, and from the same source, as any future jury would be,” he told the jury of nine women and five men.

"There is no reason to suppose that the case will ever be submitted to twelve persons who are more intelligent, more impartial, or more competent to decide it or that more or clearer evidence will be produced."

Kevin Reddington says his client wouldn’t be able to handle a second trial (JOSEPH PREZIOSO / AFP via Getty Images)

If the jury still can't reach a verdict, then the judge can declare a mistrial and the case effectively goes back to the same status as before the trial took place.

Speaking on 1 September, after the jury told the judge they couldn’t reach a unanimous decision for the first time, Clancy’s defence lawyer Reddington was asked about his client's demeanour during deliberations.

“She had a flat affect, she’s sad,” he said.

A flat affect is the term given when someone shows no emotion on their outward expression, even though they are feeling emotional inside.

Reddington was then asked if he thought Clancy could deal with another trial, and responded bluntly: “No.”

Reddington, on the other hand, told reporters he’s more than ready if a mistrial is declared and a second trial is ordered.

“If they come back with the verdict, we'll see what it is, if they don't. I'm ready to try it next week,” he said.

Redding then reiterated that he’s ‘ready right now’.

But went on to add that Clancy is ‘upset’ and ‘sad’.

He also praised the ‘amazing people’ on the jury for ‘still working hard’ on the case.

Clancy is on trial for the killings of her three children - Cora, five, Dawson, three, and eight-month-old Callan - in January 2023.

Clancy could face a retrial if the jury Clancy could face a retrial if the jury cannot reach a verdict (John Tlumacki/The Boston Globe via Getty Images)cannot reach a verdict (John Tlumacki/The Boston Globe via Getty Images)

Her defence team has not denied that she carried out the killings but say she wasn’t criminally responsible at the time as she was suffering from postpartum psychosis and severe mental illness.

The prosecution argued that Clancy planned out the killings and knew right from wrong in the moment.

During the five-week long trial, the jury heard testimony - that was often harrowing - from 80 witnesses and sifted through 300 exhibits.

The jury will reconvene on Thursday at 9am local time for a sixth day of deliberations.

The jurors have a number of options: not guilty, not guilty by reason of insanity, first-degree murder, second-degree murder or manslaughter.

If the jury finds Clancy guilty, she will face life in prison.

If found not guilty, she’ll be sent to a psychiatric hospital for an undetermined amount of time.

However, they must come to a unanimous decision as Massachusetts law doesn't allow a majority jury verdict.

If they cannot agree on verdict, then a mistrial will be declared.