A tense moment played out at the defense table in the Lindsay Clancy murder trial Thursday, as her attorney, Kevin Reddington, gestured with papers in his hand and then stepped over to speak with Clancy.
The scene came as the jury of nine women and three men continued to deliberate. Jurors have twice reported they were deadlocked, and the judge has urged them to keep working toward a verdict.
Clancy faces three counts of first-degree murder in the deaths of her children, Cora, Dawson and Callan. She does not dispute killing them but says she was suffering from postpartum psychosis.
Retired Massachusetts Superior Court Judge Jack Lu told Fox News Digital that the recent jury note may be a "positive" for the defense.
"My current thinking is that this is a positive for the defense," Lu said. "I cannot think how that would be good for the prosecution. And I think it can only be good for the defense."
Lu said the dispute suggested the jury may be lopsided, with a majority pushing against one or more holdouts.
"When it appears that most of the jury is voting one way...it could even be that there's just one holdout. The larger group is claiming, emphasis on claiming, that the holdout or holdouts are not considering reasonable doubt correctly," he said.
The jury weighing Lindsay Clancy's fate has been excused for the day without reaching a verdict and is set to return Friday to continue deliberating.
The panel of nine women and three men has twice reported it was deadlocked, and the judge has repeatedly urged jurors to keep working toward a verdict.
Earlier Thursday, the defense unsuccessfully sought to remove a juror after the foreperson reported one member was refusing to follow the court's instructions on reasonable doubt.
Jurors are deciding whether Clancy was criminally responsible when she strangled her three children, or whether, as the defense argues, she was in the grip of postpartum psychosis and could not appreciate the wrongfulness of her actions or conform her conduct to the law.
Clancy faces three counts of first-degree murder in the deaths of her children, Cora, Dawson and Callan. She does not dispute killing them but says she was suffering from postpartum psychosis.
{{#rendered}}A pointed dispute broke out in the Lindsay Clancy murder trial Thursday over a report that one juror is refusing to follow the judge's instructions on the law.
Defense attorney Kevin Reddington told the court that the jury foreperson had reported "there's one juror who refuses to listen to the law" on reasonable doubt. Reddington argued the judge's earlier instruction did not go far enough and asked him to remove the juror.
"If we come back here in a half an hour with a mistrial because of a juror that has just spurned the instructions of this court, it's a shame," he said, moving to strike the juror.
Prosecutors objected to removing anyone, saying there is "no way to determine what the deliberations are, who's correct, who's incorrect, nor should we attempt to, because that's part of deliberations." They argued the judge had acted appropriately by asking each juror whether they could follow the law and reinstructing on reasonable doubt.
Judge William Sullivan declined to remove the juror, calling the discharge of a deliberating juror "a sensitive undertaking." He said it would not be proper "to side with one side or the other of the deliberations," noting the jurors had again affirmed they could follow his instructions. He overruled the defense's objection and recessed.
Clancy faces three counts of first-degree murder in the deaths of her children, Cora, Dawson and Callan. She does not dispute killing them but says she was suffering from postpartum psychosis.
There is a note from the jury in the Lindsay Clancy murder trial. It is not yet known what the note says.
The panel of nine women and three men, which has twice reported it was deadlocked, is weighing whether Clancy was criminally responsible when she killed her three children, or whether she was in the grip of postpartum psychosis.
Clancy faces three counts of first-degree murder in the deaths of her children, Cora, Dawson and Callan. She does not dispute killing them but says she was suffering from postpartum psychosis.
The Lindsay Clancy murder trial has recessed for lunch, with nothing, no verdict, notes or questions, expected to be announced until at least 2 p.m.
A court officer announced the break. It is unclear whether the jury is continuing to deliberate through lunch or pausing to eat. The panel of nine women and three men has twice reported it was deadlocked, and the judge has urged jurors to keep working toward a verdict.
Clancy faces three counts of first-degree murder in the deaths of her children, Cora, Dawson and Callan. She does not dispute killing them but says she was suffering from postpartum psychosis.
{{#rendered}}Lindsay Clancy's defense attorney unloaded on the prosecution's rebuttal experts as the jury deliberates, arguing they failed to undercut the defense's case that she was suffering from postpartum psychosis.
Asked whether the deadlock showed prosecutors had failed to prove their case beyond a reasonable doubt, Kevin Reddington pointed to the state's three rebuttal witnesses. "You get Dr. Mack, put him to the side. You get the guy that looks up to the heavens, and you get a guy that's a terrorist expert. They were totally unqualified. They did not rebut anything," he said.
Reddington said that for anyone to believe the prosecution had proven its case, or that Clancy was not suffering from a mental disease or defect, they would have to accept those experts' conclusions, "and I wouldn't pay a nickel for it."
Clancy faces three counts of first-degree murder in the deaths of her children, Cora, Dawson and Callan. She does not dispute killing them but says she was suffering from postpartum psychosis.
Lindsay Clancy has drawn an outpouring of support from around the world during her murder trial, her defense attorney said Thursday, showing reporters a stack of letters he said had arrived for her.
"Look at these letters. I have to deliver tons from all over the world. It's just amazing," Kevin Reddington said outside court. Asked where they came from, he said, "You name the country."
Reddington said Clancy reads all of the letters but keeps them private. "It's hers," he said. Asked whether he had ever represented a client who attracted this level of support, he answered simply: "No." The letters are the latest sign of the public attention the case has drawn, which has also included crowds of supporters gathering outside the courthouse.
Clancy faces three counts of first-degree murder in the deaths of her children, Cora, Dawson and Callan. She does not dispute killing them but says she was suffering from postpartum psychosis.
Lindsay Clancy's defense attorney made clear Thursday that he welcomes a retrial if the deadlocked jury cannot reach a verdict, brushing off the notion that a second trial would benefit prosecutors.
Asked what he thought about the view that a retrial would favor the prosecution, Kevin Reddington answered simply: "Bring it." He said he is prepared to try the case again quickly. "I got witnesses lined up. We're all set. Dr. Resnick is ready. I'm ready. We've got all our evidence. Witnesses are available, so let's go."
Reddington said that while prosecutors might try to push a retrial off "for six months or a year," he intends to move fast. On the possibility of a plea deal, he deferred to Plymouth County District Attorney Timothy Cruz: "Let's see what Mr. Cruz wants to do, and then we'll talk about our options." He also showed reporters letters of support he said had come for Clancy "from all over the world," calling the response "amazing" and unlike anything he'd seen for a client.
Clancy faces three counts of first-degree murder in the deaths of her children, Cora, Dawson and Callan. She does not dispute killing them but says she was suffering from postpartum psychosis.
{{#rendered}}WATCH: Judge William Sullivan sends the jury out to continue deliberating on the sixth day of deliberations in the Lindsay Clancy murder trial, with jurors still working toward a verdict.
The panel of nine women and three men has twice told the court it was unable to reach a unanimous decision. After the second report, Sullivan delivered a supplemental instruction urging jurors to keep deliberating rather than declaring a mistrial.
Jurors are deciding whether Clancy was criminally responsible when she strangled her three children, or whether, as the defense argues, she was in the grip of postpartum psychosis and could not appreciate the wrongfulness of her actions or conform her conduct to the law.
Clancy faces three counts of first-degree murder in the deaths of her children, Cora, Dawson and Callan. She does not dispute killing them but says she was suffering from postpartum psychosis.
Jury consultant Susan Constantine discusses the Lindsay Clancy trial as the jury remains deadlocked and breaks down the possible verdicts, including first-degree murder.
Fox News contributors Donna Rotunno and Josh Ritter join 'Fox & Friends' to discuss the latest in deliberation for the Lindsay Clancy murder trial.
{{#rendered}}The jury weighing Lindsay Clancy's fate has been sent back to continue deliberating, now having spent more than 28 hours on the case without reaching a verdict.
The panel of nine women and three men has twice told Judge William Sullivan it was unable to reach a unanimous decision. After the second report, Sullivan delivered a supplemental instruction urging jurors to keep working toward a verdict rather than declaring a mistrial.
Jurors are deciding whether Clancy was criminally responsible when she strangled her three children, or whether, as the defense argues, she was in the grip of postpartum psychosis and could not appreciate the wrongfulness of her actions or conform her conduct to the law.
Clancy faces three counts of first-degree murder in the deaths of her children, Cora, Dawson and Callan. She does not dispute killing them but says she was suffering from postpartum psychosis.
EXCLUSIVE: Patrick Clancy, the ex-husband of Lindsay Clancy, was seen walking in Manhattan on Wednesday alongside his new wife, Dr. Rachel Danis, hundreds of miles from the Massachusetts courtroom where a jury is weighing his ex-wife's fate.
Patrick Clancy is the father of the three children Lindsay is accused of killing, Cora, Dawson and 8-month-old Callan, who were found strangled at the family's Duxbury home in January 2023. In the years since, he has rebuilt his life in New York, remarrying and, with family members, helping found a foundation created in the children's memory.
Just days after their deaths, he publicly forgave his ex-wife, writing on a GoFundMe page, "I want to ask all of you that you find it deep within yourselves to forgive Lindsay, as I have."
He was called to testify during the trial, taking the stand as both the grieving father of the victims and the husband, at the time, of the woman accused of killing them.
The sighting came as the jury of nine women and three men continued deliberating without a verdict. The panel has twice reported it was deadlocked, and the judge has delivered an instruction urging jurors to keep working toward a decision. If they again say they cannot agree, the case could end in a mistrial.
Clancy faces three counts of first-degree murder in the deaths of her children, Cora, Dawson and Callan. She does not dispute killing them but says she was suffering from postpartum psychosis.
If Lindsay Clancy's murder trial ends in a mistrial, her defense could hold an unusual advantage in a retrial, a retired Massachusetts Superior Court judge says, as jurors reported for a second time Wednesday that they remain deadlocked.
Clancy, 36, faces three counts of first-degree murder in the deaths of her children — Cora, Dawson and Callan, all under age 6 — who were found strangled at the family's home in January 2023.
Judge William Sullivan gave jurors a Tuey-Rodriguez charge Wednesday afternoon after they reported for a second time that they were deadlocked, having first signaled they were stuck earlier in the week. The charge is given to a deadlocked jury to encourage them to continue deliberations, but also to remind them to listen to one another without sacrificing their honestly held opinions.
Sullivan declined to give the instruction earlier in the week when jurors first reported difficulty agreeing, opting instead to simply send them back.
The jurors deliberating in Clancy's murder trial are discussing several options, which include first-degree murder, second-degree murder, voluntary or involuntary manslaughter, not guilty by reason of lack of criminal responsibility (insanity) or not guilty.
Retired Massachusetts Superior Court Judge Jack Lu told Fox News Digital that a retrial after a mistrial has traditionally favored the prosecution, but that social media has upended that conventional wisdom.
"In the past, the conventional wisdom was that the prosecution is more likely to win on a retrial after a hung jury. Now it's different... The new conventional wisdom is a question mark because of social media-infected trials," Lu said.
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