Lindsay Clancy trial: Judge declares mistrial after emergency request denied

Judge William Sullivan said Friday he planned to declare a mistrial after the jury signaled they were unable to reach a verdict following seven days of deliberation.

Sullivan said he would hold off on formally declaring a mistrial for one hour to give defense attorney Kevin Reddington time to ask the state's highest court for an emergency stay.

Reddington will ask the Massachusetts Supreme Judicial Court to effectively force Sullivan to allow the jury to continue deliberating.

Reddington said outside court yesterday he did not want a mistrial because he "kicked the sh--" out of the prosecution's case.

Nearly 40 hours into deliberations over seven days, the jury said in a note on Friday, "It is with a heavy heart we are unable to come to a unanimous decision."

Judge William Sullivan said his read of case law is that he must declare a mistrial.

"The jury did not ask to be sent back," Sullivan added.

Prosecutor Jennifer Sprague encouraged a mistrial declaration. Defense attorney Kevin Reddington, however, asked the judge to send the jury back one more time. 

Lindsay Clancy showed no reaction.

Lindsay Clancy's attorney said the juror he claims is preventing a unanimous verdict looked the judge "in the eye and lied" on Thursday, when the juror pledged to follow instructions about proof beyond a reasonable doubt.

Defense attorney Kevin Reddington said a note from the jury foreperson indicated the holdout juror "made statements acknowledging doubt but refuses to apply it."

"This person will not apply reasonable doubt to the evidence" and return a verdict of not guilty by reason of insanity, Reddington told Judge William Sullivan.

Sullivan disagreed, saying the note "does not indicate this is a person who refuses to follow the law."

Sullivan declined to conduct a further inquiry of the juror but said he would remind the entire jury it must follow the law whether they like it or not.

Reddington pushed the judge to be more forceful in his instruction.

Sullivan interrupted.

"What do you want me to do, get a brass band?" an exasperated Sullivan said. "I am not glossing over this issue."

Jurors then filed stoically into the courtroom to begin a seventh day of deliberations.

The judge told jurors not to identify one another in any future notes and reminded them about his instructions after Thursday's dust-up.

Lindsay Clancy's defense attorney Kevin Reddington requested Friday, ahead of a seventh day of deliberations, that the remainder of the trial be conducted in open court.

Reddington requested no more sidebars, which are private conferences at the bench out of public earshot.