Lindsay Clancy Mistrial? A Judge Breaks Down What Happens If There is a Hung Jury

As the Lindsay Clancy jury continues deliberating without a verdict in the trial, one question looms over the courthouse: what happens if they simply can't agree?

On day five of deliberations, Judge William F. Sullivan addressed a jury intimidation incident from Tuesday after court adjourned that led to the arrest of 56-year-old Dawn Light. He questioned all 12 jurors and 6 alternates one-by-one to determine if a mistrial was required and reminded the courtroom of courthouse rules. Later, the jury told the judge for a second time they could not reach a unanimous decision, prompting Sullivan to issue the Tuey-Rodriguez charge. If the jury still cannot agree and a deadlock continues, a mistrial will be declared.

In this episode of Criminally Obsessed, investigative reporter Anne Emerson is joined by former judge Ashley Willcott, who walks through what a deadlocked jury actually means — and what comes next if the judge is forced to declare a mistrial. Willcott explains the legal mechanism some states call the "Tuey-Rodriguez charge," how a judge can instruct a stuck jury to continue deliberating, and why, in Massachusetts, that instruction can only be given twice before a mistrial becomes the only option.

Willcott also breaks down the five possible verdicts jurors are weighing, why she believes the case is likely splitting the jury in a deeply polarized way, and what a hung jury could mean for whether prosecutors decide to retry the case — or consider a plea deal instead.

She and Anne discuss the emotional toll of a case involving the murder of three children, the choice not to sequester this jury, and the growing presence of supporters wearing pink outside the courthouse — possibly including some of the jurors.

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