Sep 4, 2026 · 2h 37m
Deadlocked jury forces mistrial in Clancy case
Lindsay Clancy Trial Ends in MISTRIAL as Jury Remains Deadlocked with One Single Holdout Juror
The mistrial leaves open whether prosecutors will retry Lindsay Clancy and revives difficult questions about mental illness, postpartum psychosis, and accountability.
- 1An apparent 11–1 split ended deliberations after Massachusetts courts rejected the defense’s emergency effort to keep the jury together.
- 2The panel debates whether the deadlock concerned insanity, the underlying charges, or both—and what that means for a retrial.
- 3The case exposes competing public narratives about postpartum mental illness and the three children whose deaths remain central.
Don't miss
Court audio records the judge formally declaring a mistrial after the emergency stay is denied.
The brief
Megyn Kelly and legal commentators dissect the apparent 11–1 deadlock, the defense’s emergency appeal, and allegations that a holdout juror was pressured or biased against mental illness.
The central legal question is whether the judge had to declare a mistrial after repeated deadlock instructions, or could have allowed more deliberation or replaced a juror.
Court audio captures the final procedural drama: an emergency stay is denied, the judge declares a mistrial, and future Rule 25 proceedings are scheduled.
The panel weighs a retrial against double-jeopardy arguments, while asking whether the jury split over insanity, the underlying charges, or both.
The discussion broadens into a dispute over postpartum mental illness and cultural double standards, with the children’s deaths kept at the center of accountability.
What was said on this episode
39 statements · 4 positive · 19 negative · 16 neutral
The Lindsay Clancy jury was hung, prompting the judge to declare a mistrial.
“the jury is officially hung. And the judge has declared a mistrial.”
Listen at 0:34
Judges generally try to break jury deadlocks through dynamite instructions or other measures.
“they generally try to break the logjam, either through a dynamite instruction or anything else.”
Listen at 2:09
Further questioning of the holdout juror would be coercive; the court should respect the juror and proceed with mistrial.
“I'm sort of thinking this is coercive to me. I think you've got the one juror. Respect that juror's opinion. Do the mistrial and move on.”
Listen at 4:33
The appellate court will likely reject emergency relief and defer to the trial judge absent egregious error.
“my money is on no get out because appellate judges don't like to make quick decisions on something this weighty they will generally defer to the trial judge unless they see something blatantly egregious”
Listen at 8:40
The appellate court is unlikely to order another hearing into the holdout juror.
“So I can't imagine that this appellate court is going to say, no, not good enough. Have a hearing.”
Listen at 9:31
A retrial after the mistrial would create substantial prejudice for Lindsay Clancy.
“There's enormous prejudice to the defendant.”
Listen at 9:50
Tim Cruz will likely pursue a plea deal rather than retry Lindsay Clancy after an 11–1 split.
“if this is an 11 to one, he's going to call it a day and reach a deal, not to let her free, but just reach a plea deal and not put the community through another trial.”
Listen at 12:03
A retrial would be a poor financial and political choice for Massachusetts.
“I just don't see that being a smart financial bet or political bet in the state of Massachusetts after everything we've been through.”
Listen at 14:26
Society appears to treat mothers who kill their own children more leniently.
“I think there is a weird there's a weird like desire to treat her. in a softer, gentler way because she killed her own kids”
Listen at 15:53
The case appeared headed toward acquittal until the prosecution’s closing statements.
“I actually think that this case was headed. towards a not guilty verdict until the closing statements.”
Listen at 19:03
Courts cannot pressure a holdout juror to change their verdict.
“You cannot pressure this juror to within an inch of his life to change his verdict”
Listen at 22:50
Replacing a deliberating juror requires restarting deliberations.
“The judge excused Dr. Lawyer, the foreperson, and substituted in a new juror. And after seven days, they have to restart deliberations.”
Listen at 25:39
Sending the jury back a third time after two deadlock reports would violate Massachusetts law.
“that would mean then sending this jury back a third time after they have twice told the judge they were deadlocked, and that would violate Massachusetts law.”
Listen at 27:45
The appeal will be rejected and the case will proceed to mistrial.
“this is headed towards a mistrial. I think the appellate court or the single judge on appeal is going to reject this.”
Listen at 33:54
A retrial would involve a different jury and prosecutors adapting their strategy.
“If they try it again, you're going to get a different jury, and the prosecutors are going to know what to do different next time.”
Listen at 38:04
A mistrial will likely lead to a deal sending Lindsay Clancy to a mental hospital.
“If it is a mistrial, and it will be, that they'll reach a deal where she'll go to a mental hospital.”
Listen at 42:54
Release from a mental hospital depends on doctors and a judge.
“You go to the mental hospital and then it's up to the doctors and the judge eventually to make the decision whether to release her.”
Listen at 43:30
Prosecutors could pursue lesser charges in a negotiated resolution.
“they could decide to bring lesser charges, maybe second degree or something along those lines.”
Listen at 44:41
Jurors can generally speak publicly and identify the holdout after release.
“I don't think there's anything. There's no gag order. And there certainly wouldn't be stopping them from pointing out who the holdout was.”
Listen at 46:21
The emergency appeal will fail and a mistrial will be declared that day.
“then it'll be a mistrial today. That's my prediction. I'm sticking with it.”
Listen at 51:15
The appellate court will deny relief and Judge Sullivan will declare a mistrial.
“if they rubber stamp it and say, nice try, Kevin Reddington, the answer's no. Get back in the trial department. The Judge Sullivan declares a mistrial.”
Listen at 52:40
Invoking the ADA in this criminal jury-deliberation context may be unprecedented.
“I've never heard of the Americans with Disabilities Act being invoked in a criminal case. This may be the first time.”
Listen at 1:01:02
The jury is deadlocked over Lindsay Clancy’s insanity defense.
“I think they're hung on whether or not she's not guilty by reason of insanity”
Listen at 1:02:49
The prosecution must disprove an insanity claim beyond reasonable doubt.
“the prosecutor has to disprove that claim beyond a reasonable doubt.”
Listen at 1:04:29
Mental illness, medication, or hormonal problems do not generally excuse killing.
“if everybody that had that condition, if everybody who was on the kind of pills. If everybody who had a hormonal problem were allowed to kill because of it, we'd have a lot more dead people in this world and the jails would be empty.”
Listen at 1:12:10
Legal insanity generally turns on knowledge of right and wrong and behavioral control.
“We look at the crime that they committed and figure out, as Matt was saying, did you know right from wrong? And were you able to control your actions?”
Listen at 1:13:14
Less than one percent of U.S. felony prosecutions use an insanity defense.
“in the United States, I don't know how many hundreds or thousands or. maybe a million felony prosecutions a year, less than 1% of those employ a defense of insanity.”
Listen at 1:19:41
Insanity defenses succeed about one-quarter of the time when used.
“when it is used, it's only successful about 25% of the time.”
Listen at 1:19:54
Kevin Reddington nearly secured an insanity acquittal for Lindsay Clancy.
“Kevin Reddington was within an inch of getting the verdict he wanted, which was not guilty by reason of mental disease or defect.”
Listen at 1:35:20
Reddington will argue that double jeopardy bars a second trial.
“He's going to say that the second trial is barred on the grounds of Double jeopardy.”
Listen at 1:44:52
Reddington will argue retrial requires manifest necessity after the defense objected to mistrial.
“he's going to say that it was still error and that in order to try her, there has to be a manifest necessity”
Listen at 1:45:23
The appellate court will reject the defense’s circular mental-illness bias argument.
“It's completely circular. It's fallacy reasoning. And the court of appeal is going to spot that.”
Listen at 1:47:49
The prosecution and defense will likely reach a deal avoiding another trial.
“the big question is, will the two sides reach a deal to avoid another trial? I think they will”
Listen at 1:49:20
The prosecution failed to prove Lindsay Clancy’s guilt beyond reasonable doubt to the jury.
“the reality is his office with all the evidence that he made reference to was unable to convince a jury of her guilt beyond a reasonable doubt”
Listen at 2:08:00
Kevin Reddington may prevail on a double-jeopardy appeal.
“this may very well be a winner of an appeal for Kevin Reddington on double jeopardy grounds”
Listen at 2:09:00
A retrial with several women jurors could produce another hung jury.
“If they get women... Several of them on the next jury, they're looking at another hung jury.”
Listen at 2:16:49
The prosecution came close to losing the trial by an 11–1 jury split.
“he was within a hair's breadth of losing this trial. It was 11 to 1.”
Listen at 2:19:08
The healthcare system failed Lindsay Clancy.
“the healthcare system did fail Lindsay Clancy”
Listen at 2:28:47
Lindsay Clancy’s conduct indicates a problem beyond ordinary postpartum difficulties.
“they don't kill their children. Lindsay Clancy is special in that way. And there's a reason for that. Like there's, there's something wrong with her beyond postpartum.”
Listen at 2:30:48
Statements are attributed to the speaker as said on the episode and reflect their view at the time, not PodLume's. They are not advice.
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