Sep 22, 2026 · 10 min · 7 segments
Thirty-eight hours of deliberation. An eleven-to-one vote. And a mistrial that left the case exactly where it started. Hosted by Simplecast, an AdsWizz company. See…
On September 4th, 2026, around midday, a judge told a room full of reporters and family members that he was going to declare a mistrial.
And then, before doing it formally, he gave the defense one hour.
One hour to try in front of the highest court in Massachusetts to stop exactly that.
To understand how we got to that moment, we have to go back six days.
On August 27th, right after closing arguments ended, the jury retired to deliberate.
Twelve people, nine women and three men, with the job of deciding something that, as we've seen throughout this series, no expert, no lawyer, and no episode of this podcast can decide for them.
Whether Lindsay Clancy or On the night of January 24th, 2023, had the legal capacity to appreciate that what she was doing was wrong or to control her conduct in the face of that.
On September 1st, on its fourth day of deliberation, the jury sent a note to Judge William Sullivan.
They couldn't reach a unanimous decision.
The next day, the jury sent a second note with the same message.
Again, they were asked to continue.
On September 3rd, the jury foreperson indicated that one member, a man, in a jury made up of nine women and three men, wasn't willing to follow the judge's instructions about what reasonable doubt means.
The defense asked that juror be questioned, or even removed.
The judge declined, noting there was no indication that juror was refusing to deliberate.
He simply disagreed.
On September 4th, after roughly 38 hours of deliberation spread across seven days, the jury sent a third note.
They still couldn't agree.
And this time, as later came out, that note revealed something more.
The vote stood at 11 to 1.
Eleven jurors on one side, one standing completely alone on the other.
Judge Sullivan announced he would declare a mistrial, and that's when he gave Kevin Reddington, the defense attorney, one hour to appeal.
Reddington filed an emergency petition with the Massachusetts Supreme Judicial Court, the state's highest court.
He asked that the dissenting juror be questioned further or removed from the panel, arguing that his reasoning reflected bias against defendants raising a defense like Lindsay Clancy's.
A justice on that court reviewed the petition that same afternoon and denied it.
On September 4th, 2026, around midday, a judge told a room full of reporters and family members that he was going to declare a mistrial.
And then, before doing it formally, he gave the defense one hour.
One hour to try in front of the highest court in Massachusetts to stop exactly that.
To understand how we got to that moment, we have to go back six days.
On August 27th, right after closing arguments ended, the jury retired to deliberate.
Twelve people, nine women and three men, with the job of deciding something that, as we've seen throughout this series, no expert, no lawyer, and no episode of this podcast can decide for them.
Whether Lindsay Clancy or On the night of January 24th, 2023, had the legal capacity to appreciate that what she was doing was wrong or to control her conduct in the face of that.
On September 1st, on its fourth day of deliberation, the jury sent a note to Judge William Sullivan.
They couldn't reach a unanimous decision.
The next day, the jury sent a second note with the same message.
Again, they were asked to continue.
On September 3rd, the jury foreperson indicated that one member, a man, in a jury made up of nine women and three men, wasn't willing to follow the judge's instructions about what reasonable doubt means.
The defense asked that juror be questioned, or even removed.
The judge declined, noting there was no indication that juror was refusing to deliberate.
He simply disagreed.
On September 4th, after roughly 38 hours of deliberation spread across seven days, the jury sent a third note.
They still couldn't agree.
And this time, as later came out, that note revealed something more.
The vote stood at 11 to 1.
Eleven jurors on one side, one standing completely alone on the other.
Judge Sullivan announced he would declare a mistrial, and that's when he gave Kevin Reddington, the defense attorney, one hour to appeal.
Reddington filed an emergency petition with the Massachusetts Supreme Judicial Court, the state's highest court.
He asked that the dissenting juror be questioned further or removed from the panel, arguing that his reasoning reflected bias against defendants raising a defense like Lindsay Clancy's.
A justice on that court reviewed the petition that same afternoon and denied it.
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