Potential mistrial in Clancy case ‘not an easy call,’ but stay unlikely, Northeastern expert says.
“In general, deciding whether to grant a mistrial is more art than science,” said Daniel Medwed, university distinguished professor of law and criminal justice at Northeastern
The judge in the Lindsay Clancy murder case said Friday that he will declare a mistrial, but gave the defense an hour to request a stay of the planned decision from a higher court, after the defense appeared to blame a lone juror for impeding the acquittal of the nurse and mother who strangled her three children in Jan. 2023.
Daniel Medwed, said declaring a mistrial “is not an easy call.”
“In general, deciding whether to grant a mistrial is more art than science,” said Medwed, university distinguished professor of law and criminal justice at Northeastern. “To balance the very real desire to resolve the case against the fear that pushing for further deliberations runs the risk of coercion.”
However, he called the request for a stay “an extreme long shot.”
A stay is a temporary legal order that would pause the declaration or the effects of a mistrial in the case.
“I would be shocked if the (Massachusetts) Supreme Judicial Court intervened in an active case at this stage to weigh in on the merits of a mistrial,” Medwed said.
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Both Defense Attorney Kevin Reddington and Judge William Sullivan of the Plymouth County Superior Court are “doing their jobs,” Medwed added.
“Reddington by being a zealous advocate for his client, and the judge by trying to be as careful as possible” Medwed said.
Sullivan made the announcement that he would declare a mistrial after jurors sent a note that said that “with a heavy heart,” they had been unable to reach a unanimous verdict.
Approximately two hours earlier, Sullivan had declined to remove a juror who appears to be the lone voice against acquitting Clancy.
The 36 year old Duxbury, Mass. woman admitted to killing 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan in their home, but her attorneys argued she was not criminally responsible because she was overmedicated and suffering from postpartum psychosis.
The 12 jurors deliberated for more than 36 hours over the course of seven days, after hearing 85 witnesses testify during the trial, which has divided Americans.
