On Tuesday, the jury involved in Lindsay Clancy’s trial informed the judge that they were unable to reach a unanimous decision. Despite this, Judge William Sullivan instructed the jurors to continue their deliberations. They deliberated until about 3:30 p.m. before adjourning without an agreed verdict.
Notable Cases of Hung Juries
The occurrence of a deadlocked jury is not new in the Massachusetts legal landscape. High-profile cases, such as those of Karen Read and Emanuel Lopes, have also encountered hung juries.
Emanuel Lopes faced charges for the murder of Weymouth Police Sgt. Michael Chesna in 2018. The first trial in 2023 ended with no verdict due to a hung jury. During his second trial in 2024, the jury was deadlocked repeatedly but ultimately reached a unanimous guilty decision after six days and 32 hours of deliberation.
Karen Read’s first trial in 2024 also experienced a deadlock. Jurors signaled they were deadlocked after 17.5 hours and again after 23.5 hours of deliberation. After a third indication of deadlock, a mistrial was declared. Read was acquitted a year later upon retrial.
The “Tuey-Rodriguez” Instruction
In these cases, judges implemented what is known as a “dynamite” charge, termed the “Tuey-Rodriguez” instruction in Massachusetts. This instruction is named after a 1973 case and is used to motivate juries to reach a decision.
The law allows judges to send deadlocked juries back for deliberations twice. Additional opportunities are permitted if the jurors request clarification on legal matters. Upon persistent deadlock, judges consult with attorneys to decide if the “Tuey-Rodriguez” charge should be read to the jury. This charge reminds jurors of their duty to reach a decision if they can do so with a clear conscience.
“You should consider that it is desirable that the case be decided. You should consider that you have been selected in the same manner, and from the same source, as any future jury would be. There is no reason to suppose that the case will ever be submitted to six persons who are more intelligent, more impartial, or more competent to decide it than you are, or that more or clearer evidence will be produced on one side or the other. With all this in mind, it is your duty to decide this case if you can do so conscientiously.”
If a jury remains deadlocked after this charge, the judge may declare a mistrial. For Lindsay Clancy, this would mean remaining in custody under psychiatric care at Tewksbury State Hospital. The district attorney, Timothy Cruz, could then choose to retry Clancy for first-degree murder or opt for a lesser charge.