On Tuesday, the jury in Lindsay Clancy’s trial informed the judge they were deadlocked, unable to reach a unanimous verdict. This situation mirrors recent high-profile cases where deliberations extended due to similar deadlocks.
Recent Cases of Hung Juries
In Massachusetts, recent trials involving Karen Read and Emanuel Lopes also experienced hung juries. Lopes faced charges for the murder of Weymouth Police Sgt. Michael Chesna. His first trial in 2023 ended in a mistrial, as the jury could not agree. In 2024, after a second trial and 32 hours of deliberation, a unanimous guilty verdict was reached.
Similarly, Karen Read’s first trial in 2024 resulted in a deadlocked jury after 27 hours, leading to a mistrial. Read’s jury signaled being deadlocked multiple times before a mistrial was declared. She was later acquitted in a subsequent trial.
Understanding the “Tuey-Rodriguez” Instruction
In cases with deadlocked juries, judges often employ the “Tuey-Rodriguez” instruction to encourage a verdict. Originating from a 1973 case, this instruction, also known as a “dynamite” charge, allows judges to ask jurors to consider their duty to decide the case conscientiously. The law in Massachusetts lets judges send juries back to deliberate twice, with more opportunities if jurors need legal clarification.
“You should consider that it is desirable that the case be decided…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…It is your duty to decide this case if you can do so conscientiously.”
If, after the “Tuey-Rodriguez” instruction, the jury remains deadlocked for a third time, the judge may declare a mistrial. If declared, the defendant’s conditions revert to those before the trial. For Lindsay Clancy, this means continuing psychiatric care at Tewksbury State Hospital.
Potential Outcomes for Clancy’s Case
If a mistrial occurs, the Plymouth County district attorney, Timothy Cruz, must decide whether to retry Clancy on her charges, possibly considering lesser charges, or to dismiss the case entirely.
