September 4, 2026

The archive records no witnesses for this day.

1. 8:50 a.m.Reddington filed a motion asking Sullivan to enter a standing order barring further sidebar conferences for the rest of the trial, so that all further proceedings, including any inquiry into the holdout juror, happen in open court; the filing cited Commonwealth v. Cohen. Patriot Ledger, 8:50 a.m.; Boston Globe; CNN, 8:44 a.m.
2. 9:06 a.m.Arriving at court, Reddington told reporters he did not think a mistrial would be a fair outcome: "It's not fair. It's just not right." CNN, 9:06 a.m.
3. 9:07 a.m.The line for public seating had grown to about 40 people, roughly double the previous morning's, including a group of about five men and several spectators wearing pink; a court officer repeatedly told the crowd to back away from the courtroom doors. CNN, 9:07 a.m.
4. 9:08 a.m.Judge William Sullivan took the bench to open the seventh day of deliberations, noting that jurors had sent a note Thursday but not describing its contents. Boston Globe, 9:09 a.m.; CNN, 9:10 a.m.
5. 9:11 a.m.Assistant District Attorney Jennifer Sprague argued jurors should simply be told to continue deliberating with no further instruction or voir dire, telling the judge the note reflected "a disagreement" over "how to weigh the evidence, and that's deliberation," with no indication of bias, extraneous influence or an inability to deliberate. Boston Globe, 9:11 a.m.; CNN, 9:15 a.m.
6. 9:14 a.m.Reddington argued in open court that the holdout juror had lied to Sullivan during Thursday's individual questioning, quoting the note as saying the juror "has made statements acknowledging doubt but refuses to apply it to the verdict as the law states"; he called that "a false statement under oath," said the panel was "basically 11 to 1," and said a defendant is entitled to a juror "true to their oath." He also praised the jury foreperson as "courageous" for flagging the issue. Boston Globe, 9:14 and 11:04 a.m.; CNN, 9:19 a.m.; Patriot Ledger, 9:36 a.m.
7. 9:21 a.m.Jurors entered the courtroom following Sullivan's ruling on the holdout-juror dispute, ahead of the reasonable-doubt reminder he had said he would give them. CNN, 9:21 a.m.
8. 9:22 a.m.Reddington pressed the judge to reinstruct the jury on reasonable doubt "forcefully." An exasperated Sullivan replied, "What do you want me to do, get a brass band?" -- noting he had already read the Supreme Judicial Court's model instruction to jurors Thursday and adding, "I'm not an actor." He said he would instead deliver it "with more pizazz, I suppose," drawing a chuckle from spectators. Reddington then accused Sullivan of "glossing over" the jury note's suggestion that a juror was refusing to apply the law; Sullivan replied, "I am specifically not glossing over this issue. I have thought about this issue long and hard." Boston Globe, 9:22 and 9:24 a.m.; CNN, 9:34 a.m.
9. 9:28 a.m.With jurors back in the courtroom, Sullivan asked whether anyone had heard anything from any outside source about the case that would affect their impartiality, and whether any of them had a "serious matter of concern" about their service; jurors shook their heads and answered "No." He then told them future notes should not describe how the panel is divided or include vote counts, an instruction Reddington had objected to on the record, arguing it would make the foreperson feel singled out for something she had done wrong. Sullivan reinstructed the panel that it must follow the law as given "whether you agree with it or not," reminded them a written copy of the instructions was in the deliberation room, and sent them back to resume deliberating; several jurors nodded as he spoke. CNN, 9:28 and 9:53 a.m.; Boston Globe, 9:30 a.m.; Patriot Ledger, 9:39 a.m.
10. 10:13 a.m.In the gallery, Clancy's family has at times sat near the Rev. Robert Deehan, pastor of Holy Family Parish in Duxbury, where the Clancys lived before the killings; he baptized her youngest child, Callan, according to trial testimony, and told CNN he counseled Patrick Clancy afterward. CNN, 10:13 a.m.
11. 10:47 a.m.Asked about the morning's exchanges between Sullivan and Reddington, criminal defense attorney Elyse Hershon told CNN the two share "a level of professional respect," saying Reddington's blunt style has "a valid legal basis" and that Sullivan recognizes zealous advocacy is required in a triple murder trial. CNN, 10:47 a.m.
12. 11:11 a.m.Prosecutors, the defense and members of the press and public were brought back into the courtroom; District Attorney Tim Cruz took a seat in the front row. Neither outlet could say whether the jury had reached a verdict or sent another note. Boston Globe, 11:11 a.m.; CNN, 11:12 a.m.
13. 11:17 a.m.With the courtroom packed and the judge not yet back on the bench, the clerk showed a piece of paper to Reddington and prosecutors; Clancy sat in her wheelchair beside Reddington, showing no facial expression, as her parents and sister sat two rows behind her. Boston Globe, 11:17 a.m.
14. 11:18 a.m.Court officers set up traffic cones in the hallway to split the waiting crowd into separate press and public lines after crowding at the courtroom entrance; when Reddington briefly stepped out of the courtroom he was met with scattered applause from Clancy supporters at the front of the line. CNN, 11:18 a.m.
15. 11:22 a.m.Judge Sullivan took the bench, asked counsel whether they had reviewed the jury's latest note, and read it aloud. The Boston Globe quoted it as "It is with a heavy heart that we report we are unable to come to a unanimous decision"; CNN later quoted a fuller version read by Sullivan, adding "and will not be able to." Neither outlet reported what, if anything, the judge said he would do next. Boston Globe, 11:22 and 11:23 a.m.; CNN, 11:23 and 11:44 a.m.
16. 11:30 a.m.Before the jury reentered, Reddington asked Sullivan for time to take what he called a "211.3 appeal" directly to a single justice of the Supreme Judicial Court, telling the judge he saw "a clear and present danger" in a juror taking an "intractable" position regardless of the evidence, and separately raising the Americans with Disabilities Act without explaining why. Asked how much time he needed, Reddington said he could have it filed that day and argue it the next; Sullivan gave him one hour to seek a stay before the jury was brought back down. Boston Globe, 11:30 and 12:13 p.m.
17. 11:35 a.m.Court security ordered the line of spectators waiting outside the courtroom, many dressed in pink in support of Clancy, out of the building entirely. Boston Globe, 11:35 a.m.
18. 11:39 a.m.Departing supporters appeared discouraged; several removed pink sweaters and shirts worn in support of Clancy and left them on benches. Reddington had worn a pink tie in court. Boston Globe, 11:39 a.m.
19. 11:42 a.m.CNN revised its earlier account, now reporting that Sullivan said he intends to declare a mistrial over a hung jury and has given Reddington an hour to file an emergency appeal to the SJC -- bringing its account in line with the Boston Globe's, rather than reporting a mistrial as already declared. The same post reported jury notes have indicated an 11-1 split in favor of acquittal, and quoted Reddington telling the court, "I believe that this is a situation where there is a clear and present danger that this individual ... is taking a position that's intractable, regardless of proof beyond a reasonable doubt." CNN, 11:42 a.m.
20. 11:47 a.m.The Boston Globe put Reddington's deadline for the single-justice SJC motion at roughly 12:29 p.m. and said what happens to the jury if a stay is granted is not yet clear -- Sullivan could dismiss jurors for the weekend and reconvene Tuesday, or take some other approach. Boston Globe, 11:47 a.m.
21. 11:52 a.m.CNN reported Clancy was taken out of the courtroom almost immediately after Sullivan announced his intention to declare a mistrial and left the bench; her family filed out silently. Members of the public and journalists gathered outside the courthouse's main door as the crowd dispersed. CNN, 11:52 a.m.
22. 11:52 a.m.The Boston Globe reported this is the second time this year the SJC has been asked to review a Sullivan ruling in a not-guilty-by-reason-of-insanity case: last month the court reversed the conviction of Latarsha Sanders, a Brockton mother found guilty of killing her sons after an unsuccessful insanity defense, ruling Sullivan had improperly excluded psychiatric records. The Globe also reported Reddington's SJC petition argues the holdout juror has refused to follow Sullivan's reasonable-doubt instruction. Boston Globe, 11:52 a.m.
23. 11:53 a.m.The Boston Globe identified Justice Dalila A. Wendlandt, one of the SJC's seven justices serving in rotation as single justice, as the one hearing Reddington's emergency appeal, and noted that Sullivan's one-hour deadline for filing it is unusually tight. Boston Globe, 11:53 a.m.
24. 11:55 a.m.The Boston Globe explained that a single SJC justice hears emergency petitions like Reddington's on a rotating duty basis, weighing factors such as whether a legal question is complex enough to warrant referral to the full seven-justice court -- something Wendlandt herself has done before, in litigation over bar advocates' pay. Boston Globe, 11:55 a.m.
25. 12:03 p.m.CNN legal correspondent Jean Casarez said the SJC would need to find a "very clear and egregious error" by Sullivan to overrule his mistrial declaration, calling that an unusual step this late in a trial; she said the court would weigh the full record of deliberations, including the jury's repeated statements that it could not reach a unanimous decision. CNN, 12:03 p.m.
26. 12:19 p.m.Retired Superior Court judge Thomas Drechsler told the Boston Globe that Justice Wendlandt could reject Reddington's petition outright, or could pause Sullivan's mistrial declaration to give Reddington more time to argue while sending the jury home still under oath and technically deliberating. He said such challenges mid-trial are uncommon and often denied, but that the single justice would act quickly given the jury's nearly 40 hours of deliberation. Boston Globe, 12:19 p.m.
27. 12:29 p.m.The hour Sullivan gave Reddington to seek a stay from the SJC elapsed with no word yet from either Justice Wendlandt or Sullivan. Boston Globe, 12:29 p.m.
28. 12:30 p.m.The Boston Globe reported Reddington's SJC filing is what lawyers call a 211.3 petition, invoking G.L. c. 211, section 3, the statute giving the SJC general superintendence of the courts to correct errors and abuses "if no other remedy is expressly provided." Boston Globe, 12:30 p.m.
29. 12:31 p.m.The Boston Globe reported the same mechanism succeeded in a 2008 case, Commonwealth v. Carnes, where prosecutors used an emergency SJC petition after an 11-1 impasse and a claim a juror had misrepresented her questionnaire; the SJC justice denied that petition but held the trial judge had discretion to investigate, and the judge then removed the juror. The Globe noted the Carnes dispute concerned a juror's qualifications rather than the case itself, and that Massachusetts courts are generally reluctant to intervene in jury disagreements. Boston Globe, 12:31 p.m.
30. 12:44 p.m.Attorney Marsha Kazarosian, a past president of the Massachusetts Bar Association, told the Boston Globe that averting a mistrial likely matters to the defense because it may be the only way to learn whether the jury reached verdicts on any individual counts -- something that can surface in open court but is off the table once a mistrial is declared. She pointed to the Karen Read case, where jurors said afterward they had voted to acquit on two charges following a 2024 mistrial, and the SJC refused to revisit that outcome; Read was acquitted at retrial. Boston Globe, 12:44 p.m.
31. 12:48 p.m.Outside the courthouse, the Boston Globe described mixed reactions among members of the public as Reddington's deadline ran down. A Sandwich woman photographing a maternal mental health advocacy event said the situation felt unsurprising after the past two days; the head of a maternal mental health policy organization said the field had been watching the trial closely and was hoping for a lack-of-criminal-responsibility verdict rather than the mistrial the day had produced so far. Boston Globe, 12:48 p.m.
32. 1:05 p.m.CNN reported, citing the Supreme Judicial Court clerk's office, that a filing from Reddington had been submitted to the SJC; the outlet said it was working to obtain the filing itself. CNN, 1:05 p.m.
33. 1:05 p.m.The Boston Globe reported court had gone into recess for lunch from 1 to 2 p.m., with no ruling announced beforehand; Plymouth District Attorney Timothy Cruz had spent about 30 minutes inside the courtroom before the recess. CNN separately reported the recess, citing a court officer, running until 2 p.m. Boston Globe, 1:05 p.m.; CNN, 1:07 p.m.
34. 1:13 p.m.The Boston Globe reported that although Sullivan's hour to file the SJC petition had run out around 12:30, he appeared to give the defense additional time once court moved into the lunch recess, meaning nothing further in the case would happen before 2 p.m. Boston Globe, 1:13 p.m.
35. 1:19 p.m.The Boston Globe reported a crowd of reporters, videographers and photographers had gathered outside the courthouse door leading to the back parking lot, waiting to see whether either attorney would come out to comment as the recess continued; Reddington has addressed reporters during the midday break on other sittings. Boston Globe, 1:19 p.m.
36. 1:28 p.m.The Boston Globe reported that defense attorney Dana Goldblatt filed the emergency SJC motion, and described what it asks for: an order directing Sullivan either to question the juror the jury foreperson had flagged as biased and unwilling to accept the reasonable-doubt instruction, or to bar that juror from further deliberations, unless individual questioning of the juror confirms he can and will follow the court's instructions. Boston Globe, 1:28 p.m.
37. 1:30 p.m.A court clerk told the Boston Globe that a single justice of the Supreme Judicial Court is scheduled to hold a hearing at 1:30 p.m. on Reddington's motion to pause Sullivan's mistrial declaration. Boston Globe, 1:30 p.m.
38. 1:39 p.m.The Boston Globe posted a link for readers to watch the SJC hearing live, confirming the single-justice session had begun; the outlet had not yet reported an outcome. Boston Globe, 1:39 p.m.
39. 1:45 p.m.The Boston Globe and CNN reported the SJC hearing concluded without a ruling from the bench: Sprague argued the jury's dispute was ordinary disagreement over applying the law, while Goldblatt argued the holdout juror's refusal to apply the reasonable-doubt instruction went beyond disagreement. Justice Dalila Argaez Wendlandt took the motion under advisement, telling the parties she understood their arguments and would issue a decision promptly rather than ruling at the hearing. Boston Globe, 1:45 p.m.; CNN, 1:51 p.m.
40. 1:46 p.m.CNN reported further detail from Goldblatt's seven-page filing, quoting its language: it describes the flagged juror as "biased," argues intervention is needed to prevent an "avoidable" mistrial in a case demanding heavy court resources and public attention, and argues Sullivan "abdicated its responsibility to ensure the integrity of the jury." CNN, 1:46 p.m.
41. 1:49 p.m.During the SJC hearing, CNN reported prosecutor Jennifer Sprague walked the justice through the jury's note history: an initial note said a juror could not follow the reasonable-doubt instruction, prompting Sullivan to individually question all twelve jurors, each of whom affirmed under oath they could still follow his instructions, before a further note Thursday afternoon said the same juror had acknowledged doubt but was refusing to apply it to the verdict. CNN, 1:49 p.m.
42. 1:53 p.m.The Boston Globe reported that during the hearing, Goldblatt told the justice she had filed the stay motion at 12:29 p.m., just ahead of the one-hour deadline Sullivan had set. Boston Globe, 1:53 p.m.
43. 2:02 p.m.CNN reported that during the hearing, Goldblatt told the justice the defense team had already begun drafting a petition to have the holdout juror questioned or removed before Friday morning's deadlock note came in, hoping to head off a mistrial; she said the note arrived while she was still writing it, which is why the petition itself does not mention it. CNN, 2:02 p.m.
44. 2:05 p.m.Suffolk University law professor Chris Dearborn told the Boston Globe the SJC rarely wants to insert itself in a case with a deliberating jury, and that to show Sullivan abused his discretion by not removing the holdout juror, the defense would need evidence of personal factors beyond the deliberations themselves showing the juror cannot be fair or follow the law -- an inquiry he said has not yet been made. Boston Globe, 2:05 p.m.
45. 2:17 p.m.CNN reported further detail from the defense's SJC filing: it argues the holdout juror's reasoning shows bias against people with mental illness, which it calls a protected category under the Fifth and Fourteenth Amendments, and draws an analogy to how courts must inquire into alleged racial or ethnic bias in a juror's deliberations. CNN, 2:17 p.m.
46. 2:21 p.m.After the Supreme Judicial Court's denial was announced, Reddington argued to Sullivan that case law lets a judge dismiss a deliberating juror for "good cause," pressing again to have the holdout juror addressed before a mistrial was finalized. Boston Globe, 2:21 p.m.
47. 2:26 p.m.After declaring the mistrial, Sullivan thanked the jurors, telling them they had "braced for that duty" the way Winston Churchill asked Britons to brace for theirs in the Second World War, and that they had done "everything you could, and probably more than you thought you could." He said he would thank them in person after speaking with the attorneys. Boston Globe, 2:26 p.m.; CNN, 2:31 p.m.
48. 2:34 p.m.As Sullivan addressed the jury and declared the mistrial, Reddington sighed and stared at the floor; in the back row of the courtroom, where a group of Clancy's supporters had gathered, several people were seen wiping away tears. Boston Globe, 2:34 p.m.
49. 2:37 p.m.Reddington told reporters he intends to renew his motion asking Sullivan to find Clancy not guilty outright, citing a court rule allowing such a motion within five days of a mistrial; Sullivan denied a similar defense motion during the trial and is expected to again. Boston Globe, 2:37 p.m.
50. 2:50 p.m.Speaking to reporters outside the courthouse, Plymouth District Attorney Timothy Cruz said prosecutors had made no decision on whether to retry Clancy, and that he would meet with his team and address the question soon. Boston Globe, 2:50 p.m.; CNN, 2:51 p.m.
51. 2:57 p.m.Cruz defended the original decision to charge Clancy with first-degree murder, saying the investigation found her in control of her actions and did not establish that postpartum depression -- which he said has affected many women -- caused the killings; he said the case had always been about seeking justice for Cora, Dawson and Callan. Boston Globe, 2:57 p.m.
52. 3:01 p.m.Cruz said the prosecution's focus throughout has been to speak for the three children and to set aside personal feelings and focus on the facts; he also thanked assistant district attorneys Jennifer Sprague and Shanan Buckingham, both mothers, for their handling of the trial, and condemned threats and insults the prosecution team and victim-witness advocates had received on social media. CNN, 3:01 and 3:02 p.m.
53. 3:05 p.m.Cruz said the justice system too often treats criminals as victims while the real victims go unseen, and said his office's job is to make sure victims are not forgotten and are stood up for. CNN, 3:05 p.m.
54. 3:06 p.m.President Trump, asked about the case, said he had been following it and called it a "horrible tragedy" and a "terrible situation," adding that Clancy would face "a price" -- "mental institution or jail or something" -- after what he described as a second trial. CNN, 3:06 p.m.
55. 3:10 p.m.CNN reported the judge set a status hearing for September 29 as a step toward a possible retrial, at which Clancy's defense could ask the court to declare her not guilty; Cruz repeated that no decision on retrying the case would be made that day. CNN, 3:10 p.m.
56. 3:10 p.m.As Cruz told reporters the case was about the killing of three children rather than the health care system or how women are treated in it, several Clancy supporters in the crowd interrupted him with jeers of "Vote out Cruz" and "Cruz is corrupt" and insults directed at the prosecutors. Boston Globe, 3:10 p.m.; CNN, 3:16 and 3:21 p.m.
57. 3:12 p.m.Rosemary Scapicchio, who represents Clancy in a pending civil suit against her medical providers, told reporters outside court that the health care system failed Clancy and that she intends to hold each doctor and hospital involved accountable. Boston Globe, 3:12 p.m.
58. 3:16 p.m.As Cruz spoke, a woman in the crowd shouted "Why don't you care about the mother?" and another added "Amen"; Cruz replied that ignoring the killing of three children was what he considered insensitive. Police then escorted Cruz toward the parking lot as some in the crowd shouted "Vote him out" and "Shame"; Cruz, a Republican, is running for reelection unopposed. CNN, 3:16 p.m.
59. 3:17 p.m.Three Clancy supporters who had watched the proceedings from the courtroom, including Teri MacLeod, said they were disappointed by the mistrial; MacLeod said she plans to attend in person if the case is retried. CNN, 3:17 p.m.
60. 3:24 p.m.Reddington told reporters the prosecution had no case and had been "crushed" at trial, said it was not a time for gloating, and praised Clancy as brave. CNN, 3:24 p.m.
61. 3:25 p.m.Reddington said Clancy grieves the loss of her three children and wants them remembered, adding that she has responded warmly whenever the children were mentioned during the trial. CNN, 3:25 p.m.
62. 3:28 p.m.Reddington thanked the jury "minus one," saying the panel had split 11-1 for acquittal, and said he was proud of a foreperson who he said told the judge the holdout juror had refused to apply the law. CNN, 3:28 p.m.
63. 3:29 p.m.Asked whether he would do anything differently at a retrial, Reddington said no, describing the outcome as a win for the defense. CNN, 3:29 p.m.
64. 3:33 p.m.Reddington said he was not worried about seating a jury capable of reaching a unanimous verdict at a retrial, but that finding jurors unfamiliar with the case would be the real difficulty given its national and international coverage; he said the trial would have ended in a verdict but for the one holdout. CNN, 3:33 p.m.
65. 3:33 p.m.Reddington said the eleven other jurors had been "robbed" by the holdout juror, calling them defeated after praising their work through the trial, and said he hoped the holdout could live with having kept the case from a verdict. CNN, 3:33 p.m.
66. 3:34 p.m.Reddington, describing Clancy from his time representing her, called her a strong and intelligent woman whose life amounts to a tragedy. CNN, 3:34 p.m.
67. 3:42 p.m.Reddington said he had not expected the case to draw as much attention as it did, though he had anticipated interest from people affected by postpartum depression and psychosis and by the psychiatric care Clancy received. CNN, 3:42 p.m.
68. 3:44 p.m.Scapicchio, speaking for Clancy's civil suit against her medical providers, called the retrial a consequence of the providers' negligence and described the case as a continuing ordeal for Clancy and her family; she argued postpartum mood and hormonal symptoms are too often dismissed and said the civil case aims to hold each provider accountable. She noted the providers, who testified at the criminal trial and defended their care, had declined to discuss the pending litigation with CNN. CNN, 3:44 p.m.
69. 3:50 p.m.Reddington told reporters Cruz "doesn't have a case," and, contrasting himself with the DA, said he knows the three children's names without needing notes; he called Clancy a "brave" and "wonderful" woman who will be in a wheelchair for the rest of her life and said nobody who watched the trial had anything critical to say about her except the two prosecutors and, in his telling, Cruz. Boston Globe, 3:50 p.m.
70. 3:50 p.m.Reddington said that if Clancy is retried, he will ask the judge to sequester the jury, calling the step "very unusual" but adding he had "strong faith" the jurors would still follow the court's orders. CNN, 3:50 p.m.
71. 3:52 p.m.Reddington said he hoped the holdout juror "can sleep well tonight," and, asked if he would do anything differently at a retrial, said "Why would I? I won the case," adding Clancy will be ready to try the case again though he doubted a jury pool unaware of it could be found anywhere. Boston Globe, 3:52 p.m.
72. 3:59 p.m.Reddington said the trial exposed a "woeful deficiency" in care for mothers with postpartum issues and said he hoped the case would be a catalyst for change in the health care system. Boston Globe, 3:59 p.m.
73. 4:10 p.m.Clancy supporters who had gathered outside the courthouse through the trial said they were angry and saddened by the deadlock; Sally King, 75, called it ridiculous and said she feared the case's implications for women's mental health would go unaddressed, and Margo Mitchell, a Hingham nurse, called the mistrial infuriating and said she hated to see Clancy go through the case again. Boston Globe, 4:10 p.m.
74. 4:12 p.m.Renee Kimball, a Maine resident who organized an August 20 rally supporting Clancy, said as the crowd dispersed that Clancy had been failed twice, by mental health treatment and by the justice system, and said she and other supporters would return to Plymouth for any retrial. Boston Globe, 4:12 p.m.
75. 4:15 p.m.Despite tense exchanges with Sullivan during the trial, including Friday's dispute over the strength of his reasonable-doubt instruction, Reddington praised the judge afterward, calling him one of the best-regarded judges in the state and saying he had been fair and compassionate to the jurors. Boston Globe, 4:15 p.m.
76. 4:20 p.m.Patrick Clancy, Lindsay Clancy's former husband, thanked the court and jury for their work in a statement released through attorney David Meier, who said Patrick will never recover from his children's deaths and that reliving the case through another trial would be extraordinarily painful for him and his family. Boston Globe, 4:20 p.m.; CNN, 4:59 p.m.
77. 4:29 p.m.Reddington said Clancy, held at Tewksbury Hospital since 2023, will remain there following the mistrial, describing the facility's staff as caring and professional. CNN, 4:29 p.m.
78. 4:46 p.m.Asked what the public should take from the trial, Reddington said to be careful in choosing a psychiatrist and to check credentials rather than trust advertising, an apparent reference to Clancy's telemedicine sessions with Dr. Jennifer Tufts, whom she saw remotely 14 times. Boston Globe, 4:46 p.m.

The jury returned for a seventh day of deliberations Friday, after 36 hours of deliberating without a verdict. Ahead of the session, defense attorney Kevin Reddington filed a motion asking Judge Sullivan for a standing order barring further sidebar conferences, so any remaining proceedings, including the planned inquiry into the holdout juror, happen in open court rather than privately at the bench. Speaking to reporters Thursday evening, Reddington said he did not yet know what the judge would ask and that he wants the inquiry public. A trial consultant not connected to the case told CNN she doubted Sullivan would question the juror in open court, predicting he would address the full panel and question the juror separately at sidebar instead. Outside the courthouse, defense attorney Joseph Perullo, also not connected to the case, told the Boston Globe that 11-1 splits are not unusual and that a juror is permitted to hold to their conscience but not to refuse to deliberate; other legal commentators said it remains rare for a judge to remove a juror on that basis. No witnesses are expected; the evidence closed August 26 and the only live issue is criminal responsibility. Thursday ended with Sullivan denying a defense motion to remove a juror described as refusing to follow the reasonable-doubt instruction, after individually questioning all twelve jurors under oath and re-instructing the panel on the law; Reddington told reporters the panel's note described eleven jurors as having reached a decision, with the twelfth not applying that instruction, though the court has not confirmed this account. When Sullivan took the bench Friday at 9:08, arguments over the note moved into open court rather than sidebar. Prosecutor Jennifer Sprague argued the note simply described ordinary deliberation over how to weigh the evidence, while Reddington argued the holdout juror had effectively misled the judge during Thursday's individual questioning by acknowledging doubt while refusing to apply the reasonable-doubt standard, quoting the note's language in open court and calling it a false statement under oath. Sullivan ruled from the bench that he would not question the juror further, reading the same line of the note himself to say it showed only unapplied doubt rather than a refusal to follow the law, and adding that reasonable doubt does not mean certainty beyond all possible doubt. He then told jurors future notes should not describe how the panel is divided -- an instruction Reddington objected to on the record -- reminded them they must follow the law as instructed "whether you agree with it or not," and sent the panel back to resume deliberating. Legal analysts told CNN afterward that they agreed with Sullivan's decision not to single out the juror. Shortly after 11 a.m., court officers brought counsel, the press and the public back into the courtroom; neither the Boston Globe nor CNN could say whether the jury had reached a verdict or sent another note, and the Globe reported the courtroom clerk showed a piece of paper to Reddington and prosecutors before the judge returned to the bench. At 11:22, Sullivan read the jury's latest note aloud in court: "It is with a heavy heart that we report we are unable to come to a unanimous decision and will not be able to." Neither outlet had yet reported what the judge said he would do about it. After the deadlock note, Reddington argued jurors should be polled on whether they had reached a verdict on the murder count or a lesser included offense, citing a ruling from the Karen Read case; he told the court that if the jury had reached a decision on any count, double jeopardy would bar retrying it, according to WBUR. Prosecutor Jennifer Sprague responded that the first Read jury had reached a verdict on some counts, and separately noted the jury had already reported deadlock "on multiple occasions" over six and a half days of deliberating. Sullivan said he did not believe he had any option but to declare a mistrial over Reddington's objection -- Sprague favored declaring one, while Reddington asked that the jury be sent back to deliberate once more -- and the Boston Globe reported the jury was brought back into the courtroom to be told; CNN reported separately that a mistrial had been declared, then revised its account. Reddington had told reporters outside court Thursday that he did not want a mistrial because he believed he had the better of the prosecution's case. Reddington then asked to appeal to a single justice of the Supreme Judicial Court before a mistrial is declared, and an incredulous Sullivan gave him one hour to seek a stay rather than bring the jury back Saturday. Court security then ordered the line of Clancy supporters waiting outside the courtroom out of the building. Seventeen minutes after its initial post, CNN revised its account, reporting Sullivan said he intends to declare a mistrial and has given the defense an hour to seek an SJC stay, bringing its account in line with the Globe's; the same CNN post reported that jury notes have indicated an 11-1 split in favor of acquittal, and quoted Reddington telling the court he believed the holdout juror's position was intractable regardless of the evidence. The Boston Globe put Reddington's deadline for the single-justice SJC motion at roughly 12:29 p.m., and said the jury's fate if a stay is granted is not yet clear -- Sullivan could dismiss jurors for the weekend and reconvene Tuesday, or take some other approach. CNN reported Clancy was taken out of the courtroom almost immediately after Sullivan announced his intention to declare a mistrial, and that her family filed out of the courtroom silently. The Boston Globe reported the appeal is being heard by Justice Dalila A. Wendlandt, one of the SJC's seven justices serving in rotation, and that this is the second time this year the SJC has reviewed one of Sullivan's rulings in a not-guilty-by-reason-of-insanity case, after reversing Latarsha Sanders's conviction last month over improperly excluded psychiatric records; the Globe also reported Reddington's petition argues the holdout juror refused to follow the reasonable-doubt instruction. Retired Superior Court judge Thomas Drechsler told the Globe that Wendlandt could reject the petition outright or pause the mistrial declaration to give Reddington more time, sending the jury home still under oath in the meantime, and that such mid-trial challenges are uncommon and often denied but would be acted on quickly. Sullivan's one-hour deadline passed at about 12:29 with no word yet from Wendlandt or Sullivan; the Globe reported the filing itself is a 211.3 petition, invoking the statute giving the SJC general superintendence to correct errors where no other remedy exists, and that the same mechanism succeeded in a 2008 case, Commonwealth v. Carnes, though on different facts -- a juror's qualifications rather than a dispute over the case itself. Attorney Marsha Kazarosian, a past president of the Massachusetts Bar Association, told the Globe the defense's move likely aims to preserve the chance of learning whether the jury reached verdicts on individual counts, something possible in open court but foreclosed once a mistrial is declared, citing how the Karen Read case played out after her 2024 mistrial. CNN reported, citing the SJC clerk's office, that a filing from Reddington had been submitted; the outcome of the appeal itself had not been reported by either outlet as of this writing. Court then went into a lunch recess from 1 to 2 p.m., with Cruz having spent about 30 minutes in the courtroom beforehand; the Boston Globe reported a court clerk said a single SJC justice would hold a hearing on Reddington's motion at 1:30 p.m. The Globe later identified defense attorney Dana Goldblatt as the one who filed the motion, and reported it asks Sullivan either to question the flagged juror directly about his ability to follow the reasonable-doubt instruction or to bar him from further deliberations unless individual questioning confirms he can and will follow it. CNN reported further language from that filing describing the juror as "biased" and arguing Sullivan had abdicated his responsibility to protect the jury's integrity, and reported that during the hearing itself, prosecutor Jennifer Sprague told the justice the jury had sent two notes about the juror Thursday -- an initial one prompting Sullivan's individual voir dire, in which all twelve jurors affirmed they could follow his instructions, and a later one saying the same juror had acknowledged doubt but refused to apply it. The hearing concluded without a bench ruling: Sprague argued the jury's dispute was ordinary disagreement over applying the law, while Goldblatt argued the holdout juror's refusal went beyond disagreement, and Wendlandt took the motion under advisement, telling the parties she would issue a decision promptly. Goldblatt told the justice she had filed the motion at 12:29 p.m., just ahead of Sullivan's one-hour deadline; CNN reported she also told the justice the defense had begun drafting the petition even before Friday morning's deadlock note arrived, and that the note came in while she was still writing it, which is why the petition does not reference it. Suffolk University law professor Chris Dearborn told the Globe the SJC rarely intervenes with a jury still deliberating, and that showing Sullivan abused his discretion would require evidence about the juror beyond the deliberations themselves, which he said has not yet been developed. CNN reported the defense's SJC filing separately argues the holdout juror's reasoning shows bias against people with mental illness, a category it says is protected under the Fifth and Fourteenth Amendments, drawing an analogy to how courts inquire into alleged racial bias in a jury. Court reconvened at about 2:20 p.m., when Sullivan told the parties Wendlandt had denied the stay motion; Reddington argued once more that case law lets a judge dismiss a deliberating juror for good cause, but Sullivan denied the renewed request, citing his reasoning from earlier in the day. With the jury brought back into the courtroom, Sullivan said, "At this point, I'm going to declare that the jury is deadlocked and I'm going to declare a mistrial," ending the trial without a verdict. Jury notes had shown the panel split 11 to 1, short of the unanimity a verdict requires, after about 38 hours of deliberation over seven days. Sullivan then thanked the jurors, telling them they had "braced for that duty" as Winston Churchill had asked Britons to brace for theirs in the Second World War, and that they had done everything they could and more than they thought they could. As Sullivan spoke, Reddington sighed and looked down, and several of Clancy's supporters in the gallery cried. Reddington told reporters afterward he plans to renew his motion asking Sullivan to acquit Clancy outright, which court rules allow within five days of a mistrial, though Sullivan denied a similar motion during the trial and is expected to again. What happens next is up to Plymouth District Attorney Timothy Cruz, who must decide whether to retry Clancy, seek lesser charges such as second-degree murder or manslaughter, or negotiate a plea; Reddington has said the decision is entirely the DA's. Legal observers who spoke to the Globe said factors in that call include the cost of a second trial and how many of the deadlocked jurors were leaning toward conviction, something that depends on whether jurors speak publicly about their deliberations; a Suffolk University law professor told the Globe she thought it would be hard for a DA not to seek a retrial in a case with three children dead. If Cruz does seek one, it could be months before a second trial begins. Boston Globe, 2:20, 2:21, 2:23, 2:26, 2:34, 2:35, 2:37 and 2:39 p.m.; CNN, 2:23, 2:26 and 2:28 p.m. The Globe reported that a second-degree murder conviction would carry a mandatory life sentence but allow parole eligibility after a minimum Sullivan could set between 15 and 25 years per count, while a manslaughter conviction would carry up to 20 years with no mandatory minimum. Boston Globe, 2:39 p.m. CNN reported the judge has set a status hearing for September 29, at which the defense could seek a not-guilty finding, as one step toward any retrial; as Cruz spoke to reporters, some Clancy supporters in the crowd shouted him down, and Clancy's civil attorney, Rosemary Scapicchio, separately told reporters the health care system had failed her client and that she intends to pursue the doctors and hospitals involved. Asked about the case, President Trump said he had been following it, called it a horrible tragedy, and predicted Clancy would face consequences after what he described as a second trial. Reddington, for his part, told reporters the prosecution had no case and had been overwhelmed at trial, praised Clancy, and said she grieves for her three children and wants them remembered. At a press conference afterward, Reddington declared victory, said the eleven jurors who favored acquittal had been "robbed" by the holdout, and said finding jurors unfamiliar with the case, rather than reaching unanimity, would be the harder task at any retrial. He also jabbed at Cruz for not naming the three children from memory, said he would seek a sequestered jury at any retrial despite calling the step unusual, said he had won the case and saw no reason to change his approach, and said he hoped the trial's account of postpartum care would push change in the health care system. Boston Globe, 3:10, 3:12, 3:50, 3:52 and 3:59 p.m.; CNN, 3:06, 3:10, 3:16, 3:17, 3:24, 3:25, 3:28, 3:29, 3:33, 3:34, 3:42 and 3:50 p.m.

Sources: globe-day-27, cnn-day-27, fox-day-27, nbcnews-day-27, cnn-day-28, abc-day-28, globe-day-28, ledger-day-28, nbcboston-day-28, boston-day-28, cbs-day-28, nbcnews-day-28, wbur-day-28

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