A holdout juror in the Lindsay Clancy murder trial physically acted out the strangulation of three children during deliberations — wrapping an exercise band from evidence around a water bottle and pulling it tight — then refused to explain his reasoning to the other 11 jurors. When one person can deadlock a jury with theatrics instead of evidence, Americans on either side of a verdict get a system that doesn't work.
The five-week trial of Clancy, 36, ended in mistrial September 4 after 38 hours of deliberations produced an 11-1 split. Clancy faced three counts of first-degree murder for strangling her children — Cora, 5, Dawson, 3, and Callan, 8 months — at the family's Duxbury, Massachusetts home on January 24, 2023. The 11 jurors favored a not guilty by reason of insanity verdict. The holdout wanted conviction.
Juror Nick Dargie, 25, told ABC News the holdout's behavior was disturbing. "He took the exercise band out of the bag, grabbed an empty water bottle, and tied the band around the water bottle and pulled it," Dargie said. "I was shocked. It didn't make any sense to me. We're not in here to play detective or it's not a game of 'Clue.' This is serious."
Dargie said the holdout couldn't cite a single piece of evidence or witness testimony supporting his position. "There was several times I would ask him to show us evidence or, you know, describe a witness testimony that helped to prove what he was saying, and ... he couldn't," Dargie told ABC. The holdout reportedly scrolled on his phone during deliberations and wouldn't engage.
NBC News reported that the holdout admitted doubt in the prosecution's case but still refused to change his vote. "It was definitely frustrating, mainly frustrating when [the holdout juror] explicitly said, 'You know, I don't know if the prosecution or the defense proved their case,'" Dargie said.
The jury foreperson sent a note to Judge William Sullivan stating that "one juror refuses to listen to the law," according to the New York Post. Sullivan declined to dismiss the holdout and declared a mistrial.
Defense attorney Kevin Reddington now plans to file a motion to dismiss based on double jeopardy, Fox News reported. Reddington told CBS Mornings he would "defend that person's right to be a holdout for a month" but objected when the juror "just refused to listen to the judge's instruction on the law."
The trial centered on whether Clancy, a former nurse who attempted suicide the night of the killings and was left paralyzed, was suffering from postpartum psychosis. Under Massachusetts law, prosecutors must prove beyond a reasonable doubt that a defendant did not suffer from a mental disease or defect at the time of the offense.
Dargie predicted that if retried, "nine times out of 10 a jury would come back with not guilty by reason of insanity." The district attorney is now weighing whether to retry, negotiate a plea, downgrade charges, or drop the case entirely.
The question the system can't answer: what remedy exists when a juror abandons deliberation for demonstration — and the court lets it stand?
