BREAKING: Lindsay Clancy jury says 'with heavy heart' they cannot reach verdict, judge plans mistrial declaration

The jury has come back for a third time, telling Judge William Sullivan that they cannot come to a unanimous decision in the case of LindsayClancy, the Massachusetts mother charged with killing her three children. Sullivan said he would have to declare a mistrial given the circumstances, however, he granted the defense an hour to run an emergency appeal to the Supreme Judicial Court.

The jury returned a note on Friday morning that read, “It is with a heavy heart that we report we are unable to come to a unanimous decision and will not be able to.”

He argued that the first time the jury was sent back to deliberate didn’t count. “technically, we have one report of deadlock that Your Honor gave the Tuey Rodriguez charge to, I believe, under the statute as well as the case law, this court has the ability to send the jury back.”

Sullivan said, “Well, I would find that under Massachusetts case law and statutory law, the jury did not ask to be sent back, which would be a possibility if they had requested it to be sent back to them, but under the statute in the case law, I don't feel I have any choice but to declare mistrial.”

He also urged the judge to “entertain a poll of the jurors as to whether or not there has been a decision on murder one, murder two, manslaughter, anything like that, and if that's the case, then I certainly would argue that double jeopardy is attached, and those charges cannot be prosecuted again.”

Before calling to bring the jury in, Sullivan said, “over the defendant’s objection, I'm going to declare a mistrial at this point.”

Reddington interjected while waiting for the jury to enter, requesting that he be given time before a mistrial is officially declared to make an emergency motion to the state's Supreme Judicial Court, requesting a stay in the verdict. Sullivan gave Reddington one hour to do so before the mistrial declaration is official.

This comes after it was revealed earlier in the day that one male juror on the jury, which is made up of nine women and three men, was the holdout, with Reddington saying the one holdout "is refusing to apply your instructions on proof beyond a reasonable doubt to allow that jury to return a verdict of not guilty."