Former Orange County judge says Clancy mistrial was right call, highlights hurdles in a retrial
ORANGE COUNTY, N.C. (WTVD) -- A Massachusetts judge declared a mistrial in the case of Lindsay Clancy after jurors were unable to reach a unanimous verdict following seven days of deliberations.
Clancy was charged in connection with the deaths of her three young children in 2023. Judge William Sullivan declared a mistrial after the jury repeatedly reported it could not reach a unanimous decision.
Former Orange County Superior Court Judge Carl Fox said he believed Sullivan made the correct decision.
"I was glad that the judge went ahead and declared a mistrial because to have these jurors continue to deliberate when they clearly were not going to reach a verdict becomes punishment to your jurors," Fox said.
Fox said mistrials are not uncommon given the challenge of requiring 12 jurors to reach a unanimous decision beyond a reasonable doubt.
"In my experience as a prosecutor, I tried over 300 jury trials. Roughly 10% of those trials ended up in mistrials. I would say about the same number was ended in mistrials when I was a judge, and as a defense lawyer, I've had three jury trials, and one of them ended up as a hung jury. So, it's not unusual when the jury indicates they're unable to reach a verdict," Fox said.
Fox said what surprised him was the defense team's effort to prevent the mistrial and encouraged the judge to require further deliberations. According to the defense, a single juror was holding out.
"That would not be happening if the defense attorney believed that the jury was going to convict her of anything straight up like murder," Fox said.
The trial has also renewed attention on maternal mental health. Clancy's defense team argued that she suffered from postpartum psychosis, which they described as more severe than postpartum depression.
ABC News correspondent Ike Ejiochi, who followed the case and spoke with parents about postpartum psychosis, said concerns remain about how the healthcare system supports parents.
"We found a system that was built for the baby, but not so much for the parents," Ejiochi said.
One of the key questions raised during the trial was whether there were missed opportunities for intervention by healthcare providers. Ejiochi said there were calls for help before the deaths occurred.
"In the months before, we found out that she told her husband that she was having thoughts of harming her kids. She'd seen multiple psychiatrists throughout this entire period before her harming her kids. They considered her a low risk," Ejiochi said.
Prosecutors argued that Clancy intentionally killed her children. The state must now decide whether to retry the case.
Fox said a new trial could present challenges for prosecutors.
"When I was a prosecutor. I had a rule in my office that if you didn't convince at least half the jurors of the guilt of the defendant, you could not retry the case," Fox said.
"The likelihood is you're not going to go back into that courtroom as a prosecutor and get 12 people to convict her of anything; you really just aren't," Fox said.
Fox also said a future trial could face difficulties in selecting jurors who have not been influenced by news coverage of the high-profile case.
The state has not yet announced whether it will seek a new trial.
PREVIOUS COVERAGE:
- Psychologist testifies Lindsay Clancy was criminally responsible for killing her 3 children
- Psychologist at Lindsay Clancy's murder trial says she has bipolar disorder
- Lindsay Clancy's defense rests after psychiatrist testimony in case of mother who killed children
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- Lindsay Clancy's former mother-in-law testifies in murder trial: 'She was begging for help
- Mom and sister testify about Lindsay Clancy's declining mental state before she killed her children
- Patrick Clancy, father of slain kids, testifies as ex says postpartum psychosis drove killings
- 'She killed the kids!' 911 call from Lindsay Clancy's husband brings tears to the courtroom
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- Lindsay Clancy's diary chronicled desperation and 'brain fog' before she killed her 3 kids
- Nanny says Lindsay Clancy appeared to be a loving mother before killing her 3 children
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- Defense lawyer takes aim at psychiatrist's care before Lindsay Clancy killed her 3 kids
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