Legal analyst breaks down Lindsay Clancy mistrial and what happens next

Now, one of the most controversial murder trials that was just referenced there for that story from Frankfurt has come to a close, at least for now, with the mistrial. After weeks in court, Lindsay Clancy will not go free. Instead, she will return to the psychiatric facility where she is being held. Caroline Elliott has been following this trial and brings us up to speed on what happened in the courtroom today. The judge officially declares a mistrial in Lindsay Clancy's triple murder case after a last-minute appeal is denied. The jury is deadlocked, and I'm going to declare a mistrial. After seven days deliberating, the jury announced Friday they cannot reach a unanimous decision on whether or not the Massachusetts mom is criminally responsible for killing her three young kids three years ago in the family's basement. I understood that you all gave everything you could and probably more than you thought you could. On Thursday, the jury's foreperson told the judge they were in an 11-1 deadlock, and one particular juror would not or could not follow the judge's instructions on reasonable doubt. Judge Sullivan questioned each juror before sending them back one more time to discuss the case. Clancy's lawyer asked for the juror to be dismissed, but the prosecution objected, and the judge let the juror stay. They're holding out as a result that even though they have agreed and expressed doubt, they are refusing to apply the laws you've given it. Clancy admits to strangling her kids, but her defense argues she was not criminally responsible because she was mentally ill, suffering from postpartum psychosis. Cora, Dawson, and Callan, this was and has always been about getting justice for those three little babies. And now prosecutors must decide whether to retry Clancy, drop the charges, or negotiate a plea deal. The next update will be in late September. In New York, Caroline Elliott, Fox News. And so many people who have been watching this trial and waiting to hear an outcome for days as the jury was deadlocked wondered what the outcome would be, could be. Richard Kling is a criminal defense attorney and a law professor at Kent College of Law Were you surprised at the judge declaring a mistrial after seven days and more than 35 hours of deliberations? I've tried many cases, some of which have ended in a mistrial. It's very painful for a judge to do it, particularly since this jury spent their hearts and lives for the last series of weeks. The prosecutor is going to have to make a decision whether they're going to retry it. I mean, part of the issue that comes out here, given the extensive psychiatric history which was involved, and there was extensive psychiatric evidence. The fact that it was apparently 11 to 1, I think you have to assume that the 11 were probably for not guilty by reason of insanity and the one was for guilty. And realistically, that gives the prosecutor a decision whether they're going to have to try it again or resolve it without going to trial. And what do you think was the key for either the defense or even a missed opportunity for the prosecution to secure a conviction here? I think there are a number of issues. I think many people in most insanity cases, not involving a mom who kills her child, come in with a proposition that somebody who pleads insanity is trying to get away with murder. With a mom who kills her child, nothing could be further from the truth. If she were found not guilty by reason of insanity, and again, she had an extensive history, she would be sent to a psychiatric facility until such time, if ever, she regains her sanity. And I've had clients who have been there forever. I've had clients who have been there for 10, 15 years and then regained their sanity. It's a hard decision for a prosecutor. It's a hard decision for a judge. I'm not sure at what point you logged in, whether you were able to hear the story that we aired before this, but we're already hearing now of an unfortunate case in our area where a mother says that she was essentially so engrossed in watching the Clancy trial that she too was moved to commit a similar crime. In that trial, many of us were learning something new about postpartum psychosis. But how do you think just watching the trial could hold up as a defense for someone or affect their case? Well, again, it's based on, there's a number of things. You start with the proposition that a mom who kills three children and then tries to kill herself obviously is suffering from some type of psychiatric issues. And the question is, as a result of those, could she not appreciate the criminality of her conduct? That's what the jury had to decide. I think 11 jurors probably decided she could not, and one juror for whatever the reasons would not come to that conclusion. Thank you so much for your time. We really appreciate it. It's a very difficult subject, but having your expertise matters. Pleasure. Anytime. Mm-hmm.