Lindsay Clancy Mistrial Put On Ice After Defense Hail Mary

Lindsey Clancy’s defense attorney, Kevin Reddington, is taking his fight to the Massachusetts Supreme Judicial Court on Friday after the judge prepared to declare a mistrial in the triple-murder case after a deadlocked jury again said it could not reach a verdict.

Judge William Sullivan is giving Reddington one hour to file an emergency stay before bringing the jury back into the courtroom to officially declare a mistrial. The unusual appeal will likely go before a single justice on the state’s Supreme Judicial Court.

It’s unclear exactly what legal argument Reddington plans to use to hold off the mistrial.

The drama came moments after the jury of nine women and three men returned a somber note to the court that read, “With a heavy heart we report we cannot come to a unanimous decision.” The jury has deliberated for around 38 hours.

The defense believes the jury is split 11-1, with a single male juror refusing to find Clancy not guilty by reason of insanity. The prosecution urged Judge Sullivan to declare a mistrial. Earlier Friday, Sullivan rejected Reddington’s bid to remove the lone holdout juror. The defense revealed in open court that two notes from the jury alleged the holdout was refusing to follow the law.

WATCH: Ben Shapiro LIVE: Judge Threatens Mistrial In Lindsay Clancy Case

Reddington kept arguing that Sullivan’s reasonable doubt instructions lacked force, provoking an irritated response from the judge.

“What do you want me to do? Get a brass band? I read the instruction as written by the [Massachusetts Supreme Judicial Court]. The fact that I perhaps didn’t give it my full inflection, I’m sorry about that. I’m not an actor. I’ve just given the instructions,” Sullivan said.

Clancy, a former labor and delivery nurse, has admitted to strangling her three children to death with exercise bands in 2023 inside the family’s Duxbury, Massachusetts, home. Her defense team argues that the medical system failed her and that postpartum psychosis left her not criminally responsible for her actions.

In the event of a mistrial, Clancy is expected to remain in a state-run psychiatric hospital, which would leave the criminal case unresolved and could result in another trial.

The court is taking a lunch break and will remain in recess until 2 p.m. ET.

This is a developing story. Stay with The Daily Wire for updates.