What happens next if the jury in the Lindsay Clancy murder trial can't reach a verdict?

A Massachusetts jury deliberated for a fifth day Wednesday on whether Lindsay Clancy was criminally responsible when she strangled her three children in 2023, amid conflicting testimony about her post-pregnancy mental health. For a second time, the panel told the judge it was still unable to reach a unanimous decision, and jurors were sent back to try again.

What happens if they can’t reach a verdict?

A mistrial would be declared and the case would essentially go back to the same status as before the trial, with the 36-year-old former labor and delivery nurse charged with murder and held at a psychiatric hospital awaiting a resolution of the criminal case.

Clancy would likely go back on trial, but prosecutors have options

Prosecutors would have to decide whether to try again with a new jury. If they do, the jury selection process would begin again and a new trial would be scheduled.

Prosecutors could also offer a plea deal to Clancy, said Brad Bailey, a Boston defense attorney and former prosecutor who is not involved in the case.

“Any time the threat of a retrial with murder one hanging over the client is re-interjected, defense lawyers will, at the very least, explore whether or not there’s any interest in a resolution,” Bailey said.

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EDITOR’S NOTE: This story includes discussion of suicide. If you or someone you know needs help, the national suicide and crisis lifeline in the U.S. is available by calling or texting 988.