What happens if a mistrial is declared in Lindsay Clancy case?Prosecutors could seek a new trial in the case of the US mother charged with murdering her three children in 2023.13 mins agoUS & Canada

After a week of mulling Lindsay Clancy’s fate, jurors remained deadlocked in the case of the US mother accused of murdering her three young children.

Judge William Sullivan has yet to formally declare a mistrial because Clancy’s lawyer Kevin Reddington has asked for an hour to file an emergency appeal.

But Sullivan’s indication that he will declare a mistrial opens the door to a host of possibilities about what happens next.

Clancy, who faced three counts of first-degree murder, does not deny killing her children in 2023 but pleaded not guilty, with her lawyers arguing she was suffering from postpartum psychosis and should not be held criminally responsible.

Under US law, the jury must unanimously reach a conclusion “beyond a reasonable doubt”. If they cannot, the judge can call a mistrial, which ends the trial with no verdict.

Jurors in Clancy’s trial have been deadlocked for days, and have told the judge three times that they are unable to come to a unanimous decision.

Sullivan, who is overseeing the trial, previously urged them to continue deliberating until there is no possible chance of a decision.

In a last-ditch effort he issued additional instructions, known as a Tuey-Rodriguez charge in the state, encouraging the panel to consider all perspectives and ensuring jurors were questioning and examining their own views in the case.

The jury continued to indicate they could not come to a consensus, leading the judge to say he had no choice but to declare a mistrial.

This does not mean prosecutors have proven their case, nor does it mean the defendant is not guilty.

If a mistrial is formally declared on Friday, the prosecution could either refile and restart with a new jury or negotiate a plea agreement.

Alternatively, prosecutors could dismiss the charges altogether.

Not immediately. In the event of a mistrial, Clancy would remain held under the same murder charges in the mental health facility where she is currently housed as lawyers weigh their next steps.

If a new trial is planned, Clancy will remain in that facility until it begins – though her lawyers could ask for a review of her bail situation, said Heather Cucolo, a New York Law School professor and expert in mental health law.

Even as a new trial is being prepared, prosecutors could still negotiate with Clancy’s team over a plea agreement, Cucolo said.

In serious felony cases like these, prosecutors often ask for a retrial.

If they do, the jury selection process will take place once again and a new trial will be scheduled with a new set of jurors.

The time it could take to schedule another trial will depend on factors including the court schedule, any legal requests either side may file, and how long it may take to line up expert witnesses.

The six-week trial in Massachusetts captured significant public interest, with crowds sometimes gathering outside.

“A case like this that obviously has been so high profile, and there is so much of an emotional response to this to the facts of this case, I think it’s very likely that the prosecutor will ask for a retrial,” Cucolo said.

That is unclear, but it’s been a complex case with each side using a huge amount of expert testimony.

The identities of the nine women and three men on the jury has not been made public, and the judge banned any photographing or filming of them to retain their anonymity.

But once the case is over, a juror can choose whether or not to speak publicly about the case and their deliberations.

Following other high-profile trials, jurors have in some instances come forward to discuss the case, even writing books or doing media interviews.

So while it remains unknown to the public what has gone on behind closed doors, more could be revealed in the coming days or weeks.

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. www.befrienders.org.

In the UK a list of organisations that can help is available at bbc.co.uk/actionline