WATCH: Lindsay Clancy trial judge says he intends to declare mistrial

Technically, we have one report of deadlock that Your Honor gave the Tuohy Rodriguez charge to. I believe under the statute, as well as the case law, this court has the ability to send the jury back. The fact that that jury foreperson wrote very unusually, it is with a heavy heart that we are unable to come to a decision. Based on the earlier questions that we have, I think that it would be a sound and a wise decision for this court to send it back under the law. Well, I would find that under Massachusetts case law and statutory law, the jury did not ask to be sent back, which would be a possibility if they had requested it to be sent back to them. But under the statute and the case law, I don't feel I have any choice but to declare mistrial. Well, before you do, I'd like to be heard, Your Honor. That's why I asked you before. But go ahead. Go ahead. Well, I just got to that first one. You can get to the other one. All right. Your Honor, I would suggest to the court that, as we are pretty much all familiar with under Karen Reed v. The Commonwealth, the Supreme Judicial Court through Justice Georges back in February of 25 held that under Rule 27B of the Massachusetts Rules of Criminal Procedure, quote, gives a trial judge discretion to require a jury to return a verdict for charges on which they have agreed before declaring a mistrial. As it relates to, and again, I continue, quote, judge may first require the jury to return verdicts on those charges upon which the jury can agree and direct that such verdicts be received and recorded. It goes on further, and I quote, Rule 27D also permits the judge to poll the jury when a verdict is returned and before the verdict is recorded. However, a judge is not required to accept a partial verdict before declaring a mistrial. So I'm asking that the court would entertain a poll of the jurors as to whether or not there has been a decision on murder one, murder two, manslaughter, anything like that. And if that's the case, then I certainly would argue that double jeopardy is attached and those judges cannot be prosecuted again. All right. Kamal? I would object to that, Your Honor. I would go into the deliberations. I think we're in a different scenario here than the Reid case, where I believe in that case they did reach a verdict on certain charges and not on others. But I think here, where we've had a jury who's been deliberating for six and a half days, who's come back on multiple occasions saying that they're deadlocked, who've been given TUI, I don't think anything else is required at this point, other than the declaration of a mistrial, unfortunately. Over the defendant's objection, I'm going to declare a mistrial at this point. All right. We'll bring the jury in. Your Honor, while we're waiting for the jury, forgive me for raising this issue. I would ask that before you formally declare a mistrial, that the court afford us the opportunity to take a 211-3 appeal direct to the Supreme Judicial Court, single justice, on this issue because of any number of issues that are of concern, others that have been addressed in the motions, the objections, but I further raise the issue of the American with Disabilities Act. I believe that this is a situation where there is a clear and present danger that this individual, for some reason, what it is, we don't know, but is taking a position that's intractable regardless of proof beyond a reasonable doubt. So I want an opportunity to take an appeal to the single justice if the court would afford us that opportunity. How much time do you need to do that? I'd have it filed today and I'd argue tomorrow. Saturday? They would do it on an emergency, yeah. I mean, I could- So we're going to tell this jury to come back tomorrow? I'm just trying to- I understand. I don't care. The reason I'm asking it- I know, but as they're walking in, you're asking for this. I'm just trying to find out what it is that you're asking for. That's all. What I'm asking for is time to file a single justice appeal for this travesty. That's what I'm asking for. So you're asking for an emergency stay at this point? Yes. And the jurors don't have to come back tomorrow. They can be told- they don't even have to come back if I lose the motion, but if I win the motion, then obviously they would have to come back Tuesday. If you want to go up and petition to the SJC for a stay, I'll give you an hour before we bring the jury back down. I think you could- it's just a request for the stay of the declaration of the misdemeanor. So I'll hold off for an hour, and then we'll come back in in regards to that. Okay. All right. All rise. Thank you.