Lindsay Clancy's defense lawyer motioned for an emergency stay to appeal after Judge William Sullivan declared a mistrial on Friday morning.
Kevin Reddington motioned for an emergency appeal, which the judge granted the lawyer just one hour to do.
The group of 12 jurors reached a verdict on Friday morning after deliberating for almost 38 hours. The deadlocked jury, made up of nine women and three men, were unable to come to a unanimous decision three times this week before handing the judge a note.
'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 read to the court in a note from the jury.
Clancy is on trial for murdering her three children Cora, 5, Dawson, 3, and Callan, eight months, at her Duxbury, Massachusetts, home in January 2023.
The former labor and delivery nurse has pleaded not guilty in her case citing postpartum psychosis, and if found not criminally responsible for the three murder charges, she will be sent to a state mental health facility.
Prosecutors acknowledged that Clancy was mentally ill, but maintain that she knew what she was doing at the time of the killings.
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Judge gives defense attorney ONE HOUR to file emergency appeal
Reddington asks to file an emergency stay to appeal
Judge says he will declare a mistrial
The judge announced he intends to declare a mistrial.
Reddington jumped up as the jury was brought in and declared that he was filing a motion.
Defense asks judge to poll the jury
Prosecution requests mistrial
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.
Jury is deadlocked
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.
Court clerk shows attorneys a piece of paper
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
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.
Parties called back to courtroom
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.
Lindsay Clancy trial judge William F. Sullivan once blocked psychosis evidence in another killer mom case... and it ended in a RETRIAL
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.
Explore more
Lindsay Clancy judge has history presiding over killer mom cases
Judge William F Sullivan, 69, has presided over the murder trial of Lindsay Clancy.
WATCH: Judge gives jury Tuey-Rodriguez instruction
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.'
Reddington praises one of Clancy's nurses
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.