COMMENTARY
September 3, 2026

Twice the Jury Has Told the Judge It Cannot Agree. Here Is Everything That Has Happened Since Lindsay Clancy's Case Went to the Room.

Four days of near silence, two notes reporting a jury that cannot agree, a courthouse arrest of someone who filmed the jurors leaving, and the instruction Judge Sullivan had been holding back. Here is where six days of deliberations in the Lindsay Clancy trial actually stand this morning.

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Killer, or a mother the system failed. Cold, calculating murder, or postpartum psychosis nobody stopped in time. That was the question twelve jurors carried into a room on a Thursday afternoon in late August, and as of this morning, it is still the only question in this case that has not been answered. Twenty-one trial days built the record. Both sides said everything they were going to say. And then the doors closed, and this jury has been in there, on and off, for six calendar days now, longer than almost anyone following this trial expected.

I want to be honest about something before I walk through what has actually happened during that stretch, because it matters more than it sounds like it should: silence from a jury room is not a story. It is the absence of one. For days at a time the only thing anyone outside that room can report is that court opened, the judge asked his standing questions, nobody said anything alarming, and everyone went home. That is not nothing, but it is not news either, and I am not going to pretend four days of routine housekeeping were more dramatic than they were. What I am going to do is tell you exactly what did happen, in order, including the two moments that were genuinely significant, because both of them landed inside this stretch and neither one has gotten the plain explanation it deserves.

Here is the short version, if you want it before the long one. This jury has told Judge William F. Sullivan twice now that it cannot reach a unanimous decision. The first time, he sent them back with nothing more than a reminder of how big the case is. The second time, he gave them the instruction reserved for exactly this moment, the one a Massachusetts judge holds in reserve and only reaches for when a jury has shown him it is genuinely stuck. And somewhere in the middle of all that, a woman was arrested outside the courthouse for filming jurors as they walked to their cars, and arraigned on a felony while this jury was still deliberating a few floors away. Nothing has been decided. Lindsay Clancy is still presumed innocent this morning, exactly as she was on day one. But a lot has happened around a jury room that, from the outside, has looked mostly quiet.

What twelve people were actually asked to decide

It is worth resetting what this jury is holding, because the length of a deliberation only means something once you understand the size of the decision behind it. Lindsay Clancy is charged with three counts of first-degree murder, one for each of her children, Cora, five, Dawson, three, and Callan, eight months old. Her own defense has already conceded, in open court, that her actions caused their deaths. That concession closed off the question every murder trial usually spends most of its time on. It did not close the case. What remains, the only thing left for this jury to decide, is whether Lindsay Clancy's state of mind at the time meant the law can hold her criminally responsible for what happened, or whether a documented history of severe postpartum psychiatric illness meant she did not, under Massachusetts law, understand what she was doing or that it was wrong.

That is not a single up-or-down vote. Judge Sullivan sent this jury out with a separate verdict slip for each child, and on each slip the same menu of choices: not guilty, not guilty by reason of a lack of criminal responsibility, first-degree murder, second-degree murder, or manslaughter. Three children, five possible findings apiece, and nothing says the same finding has to land on all three. A jury could, in theory, reach three different verdicts for three different children on the exact same set of facts, if something about the evidence moved them differently on one child than another. I am not telling you that is what is happening in that room. I have no way to know that and neither does anyone else outside it. I am telling you the shape of the task in front of them, because fifteen separate findings, distributed across twelve people who all have to land on the same answer for each one, is a genuinely large amount of work, and it is the first reason a multi-day deliberation here should not automatically read as trouble.

There is a second reason, and it carries real weight for Lindsay Clancy specifically. A not-guilty-by-reason-of-lack-of-criminal-responsibility verdict is not an acquittal in any sense that lets her walk out of the courthouse. Judge Sullivan told this jury, in the instructions that sent them out, that finding could mean she is committed, potentially for life, to Bridgewater State Hospital, the secure psychiatric facility that holds people found not criminally responsible for serious violent crimes in Massachusetts. That is not a lighter outcome sitting next to a harsher one. It is a different kind of confinement, indefinite rather than fixed by a sentence, and a jury weighing it has every reason to move carefully rather than quickly.

DAY 22, THE FINAL INSTRUCTIONS Lindsay Clancy Could Be Committed to Bridgewater for Life Under an Insanity Verdict

There is one more piece of the instructions worth explaining plainly, because it changes who actually has to prove what in that room. In Massachusetts, once a defendant puts her mental state at the time of the offense genuinely in question, the way Lindsay Clancy's defense has done throughout this trial, the burden does not sit with her to prove she lacked criminal responsibility. It shifts to the Commonwealth, which then has to prove, beyond a reasonable doubt, that she was criminally responsible, meaning she understood what she was doing and that it was wrong. That is a real burden, not a formality, and it is the reason the Commonwealth spent so much of this trial building a case around planning, timing and what Lindsay Clancy told or did not tell the medical providers around her. If the jury has a reasonable doubt about her criminal responsibility on any of the three verdict slips, the law directs a finding of not guilty by reason of a lack of criminal responsibility on that slip, whatever else the evidence shows.

The jury received its complete legal instructions and both closing arguments on the same day, a Thursday, the twenty-second trial day since this case opened. The Commonwealth's closing pressed a case built on planning and on the medical providers it says could have stopped this if Lindsay Clancy had told them the truth. The defense closed by pointing at the medication and the medical care she was given, arguing the system around her failed before she ever did. Judge Sullivan then walked the jury through the complete legal instructions, including the insanity standard I just described, and by the end of that day, the jury had retired to begin deliberating. Everything I am about to walk you through happened after that point.

THE COMPLETE CHARGE Lindsay Clancy's Jury Now Deliberates Under the Complete Legal Instructions

How this jury got twenty-one trial days of evidence to weigh

If you are coming to this case cold, or only catching pieces of it, it is worth knowing what this jury actually spent three and a half weeks sitting through before any of this began, because the length of their deliberation only makes sense next to the size of the record behind it. The Commonwealth built its case first, walking the jury through the events of January 24, 2023, at 47 Summer Street in Duxbury, through first responders, Duxbury police and fire personnel, state police investigators and crime scene technicians, and the medical staff who treated Lindsay Clancy at South Shore Hospital and Brigham and Women's in the days after. Forensic examiners walked the jury through both a shared family computer and Lindsay Clancy's own phone, including search history, a journal entry written months before the killings, and a minute-by-minute digital timeline of the evening itself. The Commonwealth's case is built on the idea that the record, read closely, shows planning and concealment rather than a break with reality.

The defense's case, conceded on causation from the start, was built almost entirely around Lindsay Clancy's mental state. It called treating providers who saw her in the months before the killings, and it called its own psychiatric and psychopharmacology experts to testify about severe postpartum depression and postpartum psychosis, the medications she was prescribed and how they can interact with a mind already in crisis, and what her own family, friends and providers observed in the lead-up to January 24. The Commonwealth countered with its own psychiatric experts, who reviewed the same record and reached different conclusions about what her mental state actually was at the moment it mattered. That battle of experts, defense doctors and Commonwealth doctors examining the same set of facts and arriving in different places, is the center of gravity this entire trial has been built around, and it is exactly the question this jury is now being asked to resolve.

Two full days, and the room stays quiet

The jury's first full day of deliberating produced nothing to report beyond the fact that it happened. Court opened, Judge Sullivan ran through the routine mid-deliberation check he asks every single time the jury is in the room, whether anyone has read, seen, heard or overheard anything about the case that could affect their fairness, and whether there is any other concern anyone needs to raise. Nobody raised anything. He thanked the panel, all twelve deliberating jurors and the six alternates who continue sitting through this stage in case they are needed, and sent them back to keep working. Late in the afternoon, the court reconvened only long enough to release everyone for the weekend, with the standard admonitions repeated in full: no reading about the case, no discussing it, no research, no contact with anyone connected to it. No verdict, no note, no indication of where the jury actually stood. Deliberations were set to resume the following Monday.

Monday brought the same shape. The jury was confirmed present and deliberating, Judge Sullivan asked his two standard questions, nobody responded with a concern, and the panel went back to work. A short administrative break interrupted the middle of the day, the record briefly reopened and then closed again with nothing case-related said on either side. By early evening, Judge Sullivan brought the jury back only to excuse them for the night, thanking them for what he called their hard work and commitment through what has plainly been a long and demanding case, and repeating the same admonitions he has now given so many times that he told them directly he would be asking the same questions again in the morning, a small detail that says something about how ritualized this stage of the trial has become. Still no verdict. Still no note from the jury describing where things stood.

Two full days of deliberation, and from the outside, both of them looked identical: a jury goes in, a judge checks that nothing has contaminated its work, and the day ends with everyone going home. If that had continued for the rest of the week, there would be very little for an outlet like this one to tell you beyond confirming, day after day, that no verdict has come back yet. It did not continue.

The first note: "we are unable to come to a unanimous decision"

On the jury's third full day of deliberating, the pattern broke. Sometime after the morning's standard check-in, Judge Sullivan brought the panel back into the courtroom to address something they had sent him, and told them plainly what it said. "I've got your question," he told the jury, "and the question is, after many hours of deliberation, we are unable to come to a unanimous decision." That is, as close as the public record allows, the jury's own words describing its own situation. This was the case's first disclosed deadlock note, the first time this panel told the court, in writing, that it was stuck.

What Judge Sullivan did next matters as much as what the note said, because it tells you something about how seriously courts treat the very first sign of a stall. He did not declare a mistrial. He did not give any special instruction beyond what the jury already had. Instead, he reminded them of the sheer scale of what they were working through, noting that they had heard from over eighty witnesses and reviewed more than three hundred exhibits, and told them to go back out, keep the instructions he had already given them in mind, and continue deliberating. Both the defense and the Commonwealth were asked whether they had any objection to how he handled the note. Neither side objected. The jury went back to work with nothing more than a reminder that the case in front of them was enormous, and that reaching a unanimous answer to a question this size was always going to take real time.

I want to be precise about what a note like that does and does not tell you, because it is easy to read "we are unable to come to a unanimous decision" as something more dramatic than it is. It does not mean the jury is evenly split. It does not mean anyone has decided anything. It does not even necessarily mean the jury believes it is permanently stuck, as opposed to simply reporting, honestly, that after a long stretch of work it has not yet landed on an answer it can all sign onto. Judges see notes like this with some regularity in long, complicated cases, and the standard first response, exactly what Judge Sullivan gave here, is to send the jury back to keep working rather than treat one report of difficulty as the end of the road. What made this note significant is not that it proved anything about the outcome. It is that it was the first hard evidence, on the public record, that after two full days of work, this panel had not yet found its way to twelve-person agreement, and that the length of this deliberation was no longer just a matter of the case being large. It was starting to be a matter of the jury genuinely struggling.

THE FIRST NOTE Lindsay Clancy's Jury Cannot Reach a Unanimous Decision and the Judge Sends Them Right Back

The same day ended the way every day in this stretch has ended, with Judge Sullivan bringing the jury back late in the afternoon to release them for the night. Court reconvened briefly, defense and prosecution confirmed they were ready, and the judge thanked the panel again before repeating the standard admonitions and sending them home to return the next morning. Nothing in that closing exchange suggested the deadlock note had changed anything about how the day ended. The jury was simply told to come back and keep going, exactly as it had every day before.

Something else was happening a few floors away

That same afternoon, while this jury was still working through a case it had just told the court it could not yet resolve, something happened outside the courtroom that had nothing to do with the evidence and everything to do with what it takes to protect a jury like this one while it works. State police say a woman backed her car into a restricted employee lot behind the courthouse and filmed jurors as they walked out to their cars when court adjourned for the day. The next morning, she was the one standing in front of a judge.

She is Dawn Light, 56, a retired registered nurse from Sutton, Massachusetts, and she was arraigned on one count of aggravated intimidation of a juror, witness, police officer or court official. A not guilty plea was entered. Troopers told the court they found the video sitting on her phone, in a folder she had already deleted, after she first told them she did not know how to search her own photos. Courthouse surveillance footage, prosecutors said, tracks her car through the lot and into that restricted spot, and officers were able to match the people captured in the deleted video to jurors sitting on the Clancy case. The Commonwealth asked the court to hold her on fifty thousand dollars cash bail and argued she had violated a standing order in this exact trial, one that bars anyone from filming, photographing or approaching a juror at any point, before, during or after the case.

Her attorney told the judge it was a misunderstanding. Light has no criminal record, he said, is on a fixed income, and was only trying to get a picture of Lindsay Clancy herself, never intending any contact with the jury. The judge declined to set cash bail, but ordered her to stay off courthouse grounds, to have no contact with any juror or witness in the case, to preserve any evidence in her possession, and to return to court on October 15.

THE HEARING Lindsay Clancy Juror Intimidation Suspect Arraigned as Judge Denies $50,000 Cash Bail

I am including this in a deliberations update, rather than treating it as a separate story, on purpose. It did not happen inside the jury room and it says nothing about how any juror is leaning. But it happened during this jury's watch, it happened because of the order this court put in place specifically to protect this jury, and it is a reminder of something easy to lose sight of when the daily report is "still no verdict": twelve people are being asked to decide the fate of a mother charged with killing her own three children, under intense public attention, and the court has had to actively defend their ability to do that undisturbed while the case is still open. Whatever Dawn Light intended, this is the environment this jury has been working inside for six days now.

It is also worth saying plainly why an order like this exists at all, because it is easy to read a stay-away condition and a denied bail request as routine courtroom process and move on. A jury deciding a case this large and this public has to be able to walk in and out of a courthouse, get to its cars, and go home to its own families without wondering whether it is being watched, tracked or recorded by someone with an opinion about the outcome. That protection is not a courtesy the court extends to jurors. It is close to a structural requirement of the trial working at all. A juror who feels observed outside the courtroom is a juror whose ability to deliberate freely has been compromised, whatever their actual verdict ends up being, and that is exactly the harm the standing order in this case exists to prevent. The court moved on this by the next morning after the incident being reported, and did so while the jury it was protecting was still upstairs working through a case it had just told the judge it could not yet resolve.

The second note, and the charge he had been holding back

The next trial day opened, as every day in this stretch has, with the judge's standing reminder that the order governing conduct around jurors, witnesses and attorneys in this case is being actively enforced. Given what had happened the afternoon before, that reminder read differently than it had on any prior morning, even though the judge offered it, in his own words, without editorial comment or elaboration. The jury was confirmed present and deliberating, the standard taint check drew no reported concerns, and the panel was sent back to work.

Later that same day, the pattern broke a second time. The jury sent word again, and this time, Judge Sullivan told them plainly that he was giving them another instruction. What followed was not a repeat of the reminder he gave after the first note. It was the instruction Massachusetts law reserves specifically for a jury that has shown a judge it may genuinely be deadlocked, known in this state as the Tuey-Rodriguez charge, and it is, in a real sense, the last serious push a judge gives a jury before the realistic outcomes narrow down to a verdict or a mistrial.

The substance of it is worth walking through in plain language, because it is not what people often assume an anti-deadlock instruction sounds like. It does not tell jurors to compromise, and it does not tell a holdout to give in simply to reach an answer. Judge Sullivan told the jury that the constitution and laws of Massachusetts provide that the principal way to decide questions of fact in a criminal case is by the verdict of a jury, and he asked them to examine the questions in front of them with candor, and with proper regard and deference toward one another, noting that any future jury asked to decide this same case would be selected in exactly the same manner, from exactly the same source, and would have no obvious advantage over the twelve people already doing the work. He asked any juror holding to a position apart from the majority to consider, honestly, whether a doubt that makes no impression on eleven other people, people who sat through the identical evidence, who are equally honest and equally intelligent, might not be as reasonable as it feels from the inside. That is the classic language of a Tuey-Rodriguez charge, and it is designed to push a genuinely stuck jury to keep talking rather than to simply split.

What makes this version of the instruction survive appellate scrutiny in Massachusetts, where blunter deadlock instructions elsewhere in the country have not, is what Judge Sullivan said next. He restated, inside the charge itself, that none of what he had just said changes where the burden of proof sits. It stays with the Commonwealth, on every single element of every charge, beyond a reasonable doubt, and a genuine doubt on any element still means an acquittal. The push toward unanimity in a Tuey-Rodriguez charge is real, but it is bounded by that restatement, and Judge Sullivan gave both halves in the same breath. He closed by telling the jury a written copy of the full instruction would be sent back with them into the jury room, so nothing about it would have to be remembered rather than read.

THE SECOND NOTE Lindsay Clancy's Jury Says It Still Cannot Agree and the Judge Gives the Charge He Held Back

The gap between the two notes tells its own story. After the first one, Judge Sullivan chose not to reach for this instruction at all. He gave the jury nothing more than a reminder of the case's size and sent it back out, the standard, lightest-touch response to an early sign of difficulty. It took a second report, on the very next trial day, before he gave them the instruction the law keeps in reserve for exactly this situation. That sequencing is itself informative. A Tuey-Rodriguez charge is not something judges give reflexively at the first hint of trouble. Sullivan waited for a second, renewed signal from this specific jury before spending it, which suggests he read the first note as the kind of ordinary friction a long, complicated case produces, and the second one as something that needed a real response.

It also tells you something about where this case realistically sits this morning. Once a jury has received a Tuey-Rodriguez charge and gone back to keep working, the range of plausible outcomes narrows. Either the instruction does what it is designed to do, and continued deliberation under it eventually produces a unanimous verdict on each of the fifteen questions in front of this jury, or the jury reports back a third time that it remains unable to agree, at which point a mistrial becomes a real and live possibility rather than a hypothetical one. I want to be careful here, because I am not telling you which of those is going to happen, and nobody outside that jury room can tell you that honestly today. What I can tell you is that the instruction Judge Sullivan gave marks a real inflection point in how this deliberation is being managed, whatever the jury ultimately does with it.

What six days does, and does not, tell you

It is tempting, watching a deliberation run this long in a case this closely followed, to treat the length itself as a signal, and I want to push back on that directly. A jury spending six days on fifteen separate findings, across three children, with an insanity standard in play that carries consequences as serious as a first-degree murder conviction, is not automatically a jury in trouble. Complicated cases produce long deliberations all the time, and a panel taking its time on a decision this consequential is not, by itself, evidence of anything except a jury doing the job carefully.

At the same time, I am not going to pretend the two deadlock notes did not happen, or that they mean nothing. They are real signals, on the actual record, that this specific jury has told the court twice now that agreement has not come easily. What they do not tell you, and what nobody outside that room can honestly claim to know, is which way that difficulty is breaking. A jury can report it cannot agree because it is closely and painfully split on a genuine question of criminal responsibility. It can also report the same thing because eleven jurors agree and are working to bring one holdout along, or because the group as a whole simply needs more time to work through eighty-plus witnesses and three hundred-plus exhibits methodically rather than quickly. All three of those situations can produce the identical note: "we are unable to come to a unanimous decision." The words on the page do not distinguish between them, and neither does anything else in the public record.

There is also a structural reason this deliberation was always likely to run long, separate from anything the two notes tell you. This jury is not answering one question. It is answering fifteen, five possible findings on each of three separate verdict slips, and nothing in the instructions requires those fifteen answers to move together. A jury could spend real time methodically working child by child, resolving its view on Cora before it even turns to Dawson or Callan, and that kind of careful, sequential work can look identical from the outside to a jury that is stuck, right up until the moment it produces an actual verdict. I raise that not to predict what is happening, but because it is a real possibility that gets lost every time a deliberation this long gets treated as inherently ominous.

So here is where I land on it, and I think it is the only honest place to land. This has been a genuinely difficult deliberation. Two reported deadlocks in six days, on a case this large, with an instruction now given that is specifically designed for a jury that may be stuck, is not routine. But difficult is not the same as doomed, and a jury working hard on a hard question, with the burden of proof restated and preserved every time the court has spoken to it, is a jury doing exactly what it is supposed to do. Lindsay Clancy remains presumed innocent today. The Commonwealth still carries the full burden of proof on every element of every charge. Nothing about the length of this deliberation, or the fact that it took a second note to bring out the Tuey-Rodriguez charge, changes either of those things.

Where it stands this morning

As of this morning, there is no verdict in Commonwealth versus Lindsay Clancy. The jury has now worked through four full trial days without reaching one, has reported twice that it could not agree, and has received the instruction Massachusetts reserves for a jury a judge believes may be genuinely deadlocked. Nine o'clock this morning, this same panel, twelve deliberating jurors and six alternates, walks back into that room for a fifth day, under the same admonitions it has heard every single morning since this began: do not read anything about this case, do not discuss it, do not research it, do not have any contact connected to it. Whatever happens in that room today, it happens under those same rules, and under the same presumption of innocence that has governed this entire case since the day it opened.

I am not going to guess what today brings, and I would ask you not to trust anyone who claims they already know. What I can tell you is what to watch for. A third deadlock note would be a genuinely significant development, one that would put a mistrial squarely on the table in a way it has not been until now, and would likely force Judge Sullivan to confront directly whether further deliberation can still be productive or whether the panel has reached the point where continuing only prolongs an outcome it cannot reach. A verdict, on any of the fifteen separate findings this jury is working through, would obviously be the biggest possible development, and if one comes back, this outlet will have it the moment it is read into the record, exactly as we have covered every other minute of this trial from the first day of testimony forward. And continued silence, another day of the judge's standard check-in and nothing more, would tell you that a jury facing an enormous and consequential decision is still doing the work of trying to reach it honestly, which, six days in, is still the most likely story of what is actually happening behind that door.

One more thing worth saying, because it is easy to lose in the day-to-day of note-tracking and instruction-parsing: this is still, underneath all of it, a case about three children who did not come home from their house on Summer Street, and a mother the jury has to decide either committed first-degree murder against each of them, or was in the grip of an illness severe enough that the law does not hold her criminally responsible for what happened. Nothing about six days of deliberation makes that question smaller or easier, for the jury or for anyone watching this case from outside it. If anything, the length of this deliberation is the clearest evidence available that the twelve people carrying that question are not treating it lightly.

HOW THE CASE WENT TO THE JURY Lindsay Clancy Day 22, No Breaks Edition: Both Closings, the Charge, and the Jury Retires

This case is not over. Nothing that happened this week decided it. When this jury does come back with an answer, whatever that answer is, you will find it here first, covered exactly the way every day of this trial has been covered from the opening statement forward. Until then, the only honest thing to report is what actually happened, in order, without pretending to know what twelve people behind a closed door have decided. That is what this piece has tried to do.

Watch the system. Question everything.

— Justice

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