Reddington jumped up as the jury was brought in and declared that he was filing a motion.

The judge announced he intended to declare a mistrial.

‘I don’t feel I have any choice but to declare a mistrial,’ Judge Sullivan said.

Reddington argued the jury could be sent back to continue deliberations.

‘My understanding is that this court has the discretion to have the jury sent back for the second time,’ he said.

‘The fact that the 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 it would be a sound and wise decision to send this jury back.’

After the judge announced that the jury could not reach a verdict, he asked the attorneys to comment.

The prosecution asked the judge to declare a mistrial.

‘Your Honor, from the Commonwealth’s perspective, since the Tuey instruction has already been given and then there was deliberation after that, I think that it would require a mistrial at this point,’ Sprague said.

Judge Sullivan entered the courtroom and said the jury had sent a note stating they could not reach a verdict.

‘The question is, “It is with a heavy heart that we report we are unable to come to a unanimous decision and will not be able to,”‘ the judge said.

The court clerk called both sides to the podium and showed them a piece of paper.

They all nodded and sat back down.

Reddington said something to Clancy when he sat down, and then rocked in his chair.

Inside the courtroom, prosecutors Sprague and Buckingham are at the prosecution table.

Sprague smiles as she speaks to Buckingham and swivels in her chair.

Reddington sat next to Clancy, who looked nervous.

Behind the prosecution table is DA Cruz, then some members of the state in a row behind him.

On defense side is Clancy’s nurses, her mom, dad and sister, nurse friend, family friend, Patrick Reddington, Dr Zeizel, JW Carney, Clancy’s civil attorneys.

The media and some of the public fill every seat in the room.

The parties involved in the Lindsay Clancy trial have been called back to the courtroom.

District Attorney Tim Cruz went in with the prosecution.

Clancy’s family also entered the courtroom.

Judge William F. Sullivan, 69, whom former Governor Deval Patrick appointed to the bench in 2014, oversaw an eerily similar case to Clancy’s four years ago that ended in a retrial.

In 2022, Sullivan presided over the murder trial of Latarsha Sanders, another Massachusetts mother who killed her two sons.

The jury told the judge they couldn’t reach a unanimous decision after 23 hours of deliberations on Wednesday.

‘Members of the jury, I’ve got your question, and the question, or probably more of a statement than a question, saying, “After much deliberation, we are still unable to come to a unanimous decision,”‘ Judge Sullivan said.

He then read the panel the Tuey-Rodriguez instruction– also known as the ‘dynamite charge’ – which guides them that they are in the best position to reach a verdict and that a future jury would not be better equipped than them.

It is a final instruction read to a jury in Massachusetts before a mistrial can be declared.

‘There is no reason to suppose that the case will ever be submitted to 12 persons more intelligent, more impartial or more competent to decide it. Or that more or clear evidence will be produced,’ Sullivan said.

‘With this in mind, it’s your duty to decide the case if you can do it conscientiously. In order to make a decision more attainable, the law imposes the burden of proof on one party or the other in all cases. In the present case, a criminal case, the burden of proof is on the Commonwealth to establish every element of the crime charged beyond a reasonable doubt.

‘If you are left in doubt of any element of the crime, the defendant is entitled to the benefit of the doubt and must be acquitted.’

Inside the courthouse, defense attorney Kevin Reddington came into the corridor with one of Clancy’s nurses.

‘This is the nurse whom we adore,’ he exclaimed to the people in the hallway.

Several of Clancy’s pink-clad supporters at the front of the line shouted ‘hi’ before they went back into the courtroom.