Grace Eliza Goodwin
US reporter

Clancy's lawyer Kevin Reddington has asked the judge to delay declaring a mistrial for an hour while he files an appeal to the Massachusetts Supreme Judicial Court - a request the judge has granted.

Such a move is "very, very rare and unusual", particularly if it means the jury has to come back to court tomorrow, on a Saturday, says William Kickham, a Massachusetts criminal defence attorney.

Reddington is "trying to make sure that the preservation of rights of his client is not disturbed. In other words, if there's going to be a mistrial, he wants it taken care of today in terms of the ability to have a mistrial," Kickham says.

"He wants to avoid another trial, and doing this may increase the chances that he can avoid that trial," he adds.

Ione Wells
Reporting from court in Massachusetts

I caught a glimpse of Lindsay Clancy's mother when we were leaving the courtroom a few minutes ago.

She, like Clancy, seemed to have a neutral expression that didn't give much away.

If this is a mistrial and the prosecution file for a re-trial, there's a chance that people who testified, like Clancy's mother, would need to go through that whole process again.

Pratiksha Ghildial
Reporting from court in Massachusetts

Maternal mental health experts say this case has thrown the spotlight on the gap in postpartum mental health healthcare in the US.

Postpartum mental health expert Nicole Kumi tells the BBC that just one appointment six weeks after delivery - the standard practice - isn't enough for mothers to get the help they need.

"We can’t keep expecting them to ask for help when they don't understand what's happening. We need to educate moms and workplaces in maternal mental health so her village is more prepared to step in. We wait for moms to be in crisis and then expect them to navigate the system which is poorly designed," Kumi says.

She says that support for Lindsay Clancy's mental health struggle doesn't mean agreeing with the deaths of her children.

"The best outcome from such a tragedy would be perinatal healthcare reform across the US Rather than allowing this to be another tragic case, it could be the turning point for maternal mental health."

In US criminal trials, the jury must reach a unanimous decision in order to convict a defendant.

The 12 member panel in the Clancy trial has been unable to meet this high level of agreement, telling the judge just now that, after several attempts at deliberation, they are still unable to come to a decision.

This differs from in the UK where if the jury cannot reach a unanimous verdict then the judge can allow them to reach a majority verdict.

Pratiksha Ghildial
Reporting from court in Massachusetts

People, mostly members of the media, are peeking inside from the glass windows to see if they will get a glimpse of lawyers or family members after the judge stated his intention to declare a mistrial.

A group of young women standing outside tell me they came to court because they heard about the case, and declined to share if they were supporters of Clancy or not. They said they heard about the possible mistrial but they don’t have any thoughts on the issue.

Image source, Pool

We are in limbo once again after a last-minute request from Clancy's attorney.

Here's what happened:

The judge called everyone back into the courtroom after he received a note from the jury who said they still could not come to a unanimous decision. In US criminal trials, jury unanimity is required for a conviction.

Prosecutors were in favour of a mistrial, while Clancy's attorney Kevin Reddington asked the judge to tell jurors to keep deliberating.

The judge said he had no choice but to declare a mistrial, leading Reddington to say he wanted to file an emergency appeal before a mistrial is declared.

It's not clear on what grounds Reddington will fill the appeal, but Judge Wiliam Sullivan said he would give Reddington one hour to handle it.

Madeline Halpert
US reporter

Judge William Sullivan has just stated his intention to declare this case a mistrial after jurors said they could not come to a unanimous verdict.

If he declares it, multiple things could unfold.

The prosecution can either refile and restart the trial with a new jury or negotiate a plea agreement. Alternatively, prosecutors could dismiss the charges altogether.

In serious felony cases like these, prosecutors almost always ask for a retrial. If they do, the jury selection process will take place once again and a new trial will be scheduled.

If a new trial is planned, Clancy will remain in the same forensic mental health facility she has been in - though her defence attorneys could ask for a review of her bail situation, said Heather Cucolo, a New York Law School professor and expert in mental health law.

Ione Wells
Reporting from court in Massachusetts

When Judge William Sullivan said he plans to declare this a mistrial, there was an audible gasp from observers in the back of the courtroom.

Some of them have watched every day of this trial and travelled from around the country.

Image source, AFP via Getty Images

Before the judge formally declares a mistrial, Reddington says he wants to make an appeal.

It involves the American with Disabilities Act, arguing a juror took a position that was intractable regardless of proof beyond a reasonable doubt. He says he wants an opportunity to make the appeal before the mistrial is declared.

He says it would be filed today and he would argue it tomorrow.

The judge expresses frustration at the thought of bringing the jury back again tomorrow.

Ione Wells
Reporting from court in Massachusetts

Image source, AFP via Getty Images

Lindsay Clancy’s lawyer wants to appeal this decision to call a mistrial, and to call the jury back on a Saturday.

The judge says he’ll give him an hour to appeal to the Massachusetts Supreme Judicial Court.

Ione Wells
Reporting from court in Massachusetts

The judge in Lindsay Clancy’s trial has said he “does not feel he has any choice but to declare a mistrial."

It comes after the defence and prosecution received a note from the jury saying that it was with a “heavy heart” that they were unable to come to a unanimous decision.

The prosecution agreed it should go to a mistrial. The defence argued that the jury should be sent back before declaring a mistrial.

Despite Reddington's objections, Judge Sullivan says he's going to declare a mistrial.

He's calling the jurors back in.

As he announces this, Clancy's expression appears crestfallen. She appears to be taking deep breaths.

After hearing the note from the jury, prosecutors say that a mistrial should be declared.

Lindsay Clancy's attorney Kevin Reddington disagrees. He says the jury should be sent back again.

The judge seems to side with prosecutors - he says he doesn't feel he has any choice but to declare a mistrial, given the two times he's already sent jurors back to deliberations.

The judge reads a note from the jury out loud to the court.

"It is with a heavy heart that we cannot come to a decision and will not be able to," the note reads, according to the judge.

Court has just resumed and Judge Sullivan is back at the bench.

We have not yet heard why the judge is back and whether jurors will be called back too.

Ione Wells
Reporting from court in Massachusetts

We’ve just been sent back into the courtroom, it’s not clear yet what update we'll get.

Lindsay Clancy has just whispered something in her lawyer's ear.

In a note to the judge yesterday, the jury said one of its members wasn't following guidance regarding a legal principle called reasonable doubt.

So what does that mean?

Under US law, a jury must unanimously believe "beyond a reasonable doubt" that someone is guilty in order to convict them of a crime.

The designation is the strictest standard in the US legal system. It places the burden on the government to prove that the accused is guilty, and not the accused to prove their innocence.

The definition, as the judge told the jury earlier today in court, does not require proof beyond all possible doubt. But ultimately, it's not enough for prosecutors to convince a jury that the suspect is possibly guilty.

It's unclear what the jury note from Thursday means about the deliberations so far, but if a jury cannot make a unanimous decision, the judge can potentially call a mistrial, which ends the trial with no verdict.

Ione Wells
Reporting from court in Massachusetts

Lindsay Clancy’s attorney Kevin Reddington just briefly popped out to greet some of the supporters of Clancy that are waiting in line to re-enter the courtroom.

Almost all the members of the public here are women.

Reddington said hello to some of those waiting at the front.

Image source, Getty Images

Lindsay Clancy does not dispute that she killed her three children Cora, Dawson and Callan, in 2023. Throughout the trial, witnesses have spoken about all three of them.

Here's what we've heard about them.

Cora, 5

Cora Clancy was a “girly girl” who loved princesses and caring for others, according to testimony from her father Patrick Clancy and the family’s former nanny Elaine Rossi.

Rossi testified that Cora loved arts and crafts and liked to play with her toy supermarket play set.

"She just liked taking care of people," Patrick Clancy said.

Dawson, 3

Dawson was into firefighters, trucks, and the TV show Paw Patrol, Patrick Clancy and Rossi told the court.

Rossi described him as “full of energy, rambunctious”.

Callan, eight months

Callan was described by his father and his nanny as a sweet, easy baby."He was the happiest, sweetest, easiest baby,” Rossi said.

Callan survived for three days after Lindsay Clancy strangled him, dying in hospital on 27 January, 2023.

The Clancy trial contains details that people may find distressing.

If you are suffering distress or despair and need support, you could speak to a health professional, or an organisation that offers support.

Details of help available in many countries can be found at Befrienders Worldwide., external

In the UK, a list of organisations that can help is available at BBC Action Line.

In the US, you can text or call the national 988 Suicide & Crisis Lifeline, external.