4.Mistrial Declared and Jury Discharged
47 linesBAILIFF: Court, all rise. Jurors entering.
BAILIFF: This court's now in session. Please be seated.
COURT CLERK: Your Honor, for the purpose of the record, we return present for the court, 12 deliberating jurors and six alternates in the matter Commonwealth versus Lindsay Clancy. All other parties are present.
THE COURT: All right. Thank you, Madam Clerk.
COURT CLERK: You're welcome.
THE COURT: All right. Members of the jury, at this point, I'm going to declare that the jury is deadlocked, and I'm gonna declare a mistrial. All right? I just wanted to make a comment. And it... I'm kind of a history buff, and during World War II, Winston Churchill was the prime minister for England when England pretty much stood against Nazi Germany alone. And so Churchill oftentimes had to talk to the citizens and say, "Let us brace for our duties." I always liked that phrase, and I thought of that phrase when all of you were agreeing to be on this jury, that you agreed to brace for that duty. And each one of you knew how long the case was gonna go, you knew how difficult the case was gonna be to listen to facts-wise, but still you braced for that duty. And I just kinda wanted to also let you know, I watched every day, day after day, week after week, all of you performing that duty that you braced for. And I just kinda wanted to let you know I understood how hard everybody worked in this case. I understood that you all gave everything you could, and probably more than you thought you could. And so on behalf of myself, I just wanna thank you so much, that you should be proud for what you did. You braced for that duty. You performed that duty. And I just kinda wanted to thank you, on behalf of myself and behalf of the Commonwealth of Massachusetts. Thank you so much.
THE COURT: The only thing... I am gonna ask one more thing, is that what I'd like to do is be able to come back and thank you personally. I'm gonna have to talk to the counsel for just a couple of minutes. So if you can stay just for a couple of minutes, not to go over the deliberations or anything like that, but just to thank you personally, again, for just an incredible commitment and dedication that each and every one of you showed here. So I just wanna thank you so much, and with that, you're discharged. Thank you.
BAILIFF: Court, all rise. Jurors, this way please.
BAILIFF: The jurors have exited the courtroom. This court's in session. Please be seated.
THE COURT: All right. And I think what I had said at the end of the evidence, I just kinda wanted to echo again. I wanted to compliment all three counsel. A trial like this, so hard, so difficult. And so I just kinda wanted to thank the three of you for your efforts in regards to this. And so with that, if you talked, I think we should probably pick a status date, and a, where we are, a trial assignment date—
MR. REDDINGTON: I would ask—
THE COURT: ...so we can talk about where we are.
MR. REDDINGTON: ...Judge. Sorry, I didn't mean to interrupt.
THE COURT: Yeah, go ahead.
MR. REDDINGTON: I know I would like to argue a 25 (2), and that has to be done within five days, so I mean, I would like, if possible, to have this on for a hearing on a motion for required finding reconsideration 25 (2) on Tuesday. And my request, assuming that you deny that motion, would be that we impanel the following Monday.
THE COURT: Oh. That would require... I'm gonna have to check my schedule. And it also—
MR. REDDINGTON: Of course. Yeah.
THE COURT: ...so what I'm gonna suggest, I understand that's the request. And my thinking is to try it sooner rather than later, but I'm not sure that's sooner. And it's a situation. I also have to check the trial court schedule, counsel schedule, witnesses schedule. But my thought would be to try this, you know, if we could do it maybe sometime later in the fall. But why don't we pick a date maybe a couple of weeks down the road so everybody could get their calendars together, and kinda see where we go. All right?
MR. REDDINGTON: What about the 25 (2)? The motion for required finding reconsideration within five days.
THE COURT: We can file it. Do we have to have a hearing within the five days?
MR. REDDINGTON: I'd like to, but I mean, if we can't—
THE COURT: I know you'd like to, but I, you know, maybe we could do it later in the week. Maybe not Tuesday.
MR. REDDINGTON: Okay.
THE COURT: Maybe Thursday or so.
MR. REDDINGTON: Sure.
MS. SPRAGUE: Your Honor, I'm gonna be out of the state—
THE COURT: All right.
MS. SPRAGUE: …until the 22nd.
THE COURT: All right. Well, as long as it's filed, do you wanna pick… What we could do is pick that status date, trial assignment date, and actual then do the argument for the 25, Rule 25.
MR. REDDINGTON: Okay.
THE COURT: Maybe that week of the 28th.
MR. REDDINGTON: I'm supposed to start a murder in Pittsfield. I'm hoping that that's gonna be continued. So, I would ask if it's agreeable with the court and counsel if we could have Tuesday the 29th.
THE COURT: Commonwealth?
MS. SPRAGUE: That's fine.
MR. REDDINGTON: All right. Thank you.
THE COURT: So why don't we, why don't we do that?
THE COURT: The 29th.
MS. SPRAGUE: Would that be at 2:00 or 9:00?
MR. REDDINGTON: Doesn't matter to me.
THE COURT: Let's see. 9:00. Why don't we say 9:00?
THE COURT: We come in.
THE COURT: Do we have the defendant brought in?
MR. REDDINGTON: Yes, please.
THE COURT: All set.
COURT CLERK: In the matter of Commonwealth versus Lindsay Clancy, the court declares a mistrial. All prior bail orders remain in full force and effect. This matter is continued to September 29th, 2026 at 9:00 AM for status, a trial assignment, and the Rule 25 motion in limit.
THE COURT: All right. Counsel, thank you.
BAILIFF: Court, all rise.