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Judge William Sullivan indicated Friday that he would declare a mistrial in the Lindsay Clancy case, but then gave the defense an hour to appeal.
The judge read the jury foreperson’s note aloud in open court: "It is with a heavy heart that we report we are unable to come to a unanimous decision and will not be able to."
Sullivan said that "under the statute in the case law," he did not think he had any option other than to declare a mistrial.
LINDSAY CLANCY TRIAL HANGS IN BALANCE AS DEFENSE MAKES LAST-DITCH BID TO STOP MISTRIAL
Judge William Sullivan addresses the lawyers during jury deliberations in Lindsay Clancy's murder trial at the Plymouth County Superior Court in Plymouth, Massachusetts, on Sept. 4, 2026. (Greg Derr / POOL / AFP via Getty Images)
But the judge then granted the defense an hour to afford the opportunity to seek an emergency stay.
Since then, more than an hour has passed.
Participants were notified a lunch break would run from 1 p.m.-2 p.m.
If there is a mistrial, prosecutors would need to determine whether to make another attempt with a fresh jury.
Lindsay Clancy listens to testimony at Plymouth Superior Court on Aug. 18, 2026. (Jonathan Wiggs/The Boston Globe via Getty Images)
The case has captivated national attention.
It focuses on Clancy's mental health when she killed her three children, and whether she was criminally liable.
LINDSAY CLANCY JURY WRAPS DAY 6 WITH BOMBSHELL ONE-JUROR STANDOFF, DELIBERATIONS TO RESUME FRIDAY
Kevin Reddington, defense attorney for Lindsay Clancy, and Lindsay Clancy look on as Judge William Sullivan (out of frame) instructs the jury to continue deliberating, during Lindsay Clancy's murder trial at the Plymouth County Superior Court in Plymouth, Massachusetts, on Sept. 4, 2026. (Greg Derr / POOL / AFP via Getty Images)
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The children were killed in 2023.
The Associated Press contributed to this report
Alex Nitzberg is a writer for Fox News Digital.
