On Tuesday, the jury in Lindsay Clancy’s trial informed the judge they were unable to reach a unanimous decision. This situation, known as a deadlocked jury, led Judge William Sullivan to instruct jurors to continue their discussions, though they went home without a verdict after deliberations resumed.
Past Examples of Deadlocked Juries
Previous cases in Massachusetts, including those of Karen Read and Emanuel Lopes, have experienced similar deadlocks. Each involved notable instances of hung juries, illustrating potential durations and outcomes following prolonged deliberations.
In 2023, the jury in the murder trial of Emanuel Lopes, accused of killing Weymouth Police Sgt. Michael Chesna in 2018, could not reach a verdict, resulting in a mistrial. His second trial in 2024 initially faced deadlock three times before reaching a unanimous guilty verdict after six days and 32 hours of deliberations.
Karen Read’s 2024 trial similarly resulted in a deadlocked jury after 27 hours of deliberation across five days. A mistrial was declared after jurors indicated deadlock three times, leading to her subsequent acquittal a year later following a second trial.
The “Tuey-Rodriguez” Instruction
In addressing deadlocks, judges often employ what’s known as the “dynamite” charge, or in Massachusetts, the “Tuey-Rodriguez” instruction. This 1973 precedent allows judges to send juries back twice for further deliberation. If jurors remain uncertain after twice reporting dissent, judges consult with attorneys and read the instruction, reminding jurors of their role and urging them to reach a verdict conscientiously.
You should consider that it is desirable that the case be decided. You should consider that you have been selected in the same manner, and from the same source, as any future jury would be. There is no reason to suppose that the case will ever be submitted to six persons who are more intelligent, more impartial, or more competent to decide it than you are, or that more or clearer evidence will be produced on one side or the other. With all this in mind, it is your duty to decide this case if you can do so conscientiously.
If deadlock persists after a third return, the judge holds the discretion to declare a mistrial. For Clancy, this would mean remaining in psychiatric custody at Tewksbury State Hospital, pending further decisions from Plymouth County District Attorney Timothy Cruz on whether to retry her case for first-degree murder or a lesser charge.
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