AILSA CHANG, HOST:
Jurors are still deliberating in the trial of Lindsay Clancy. She's the mother in Massachusetts who's charged with murdering her three children. The jury has spent six days trying to reach consensus and will try again tomorrow. But there was a bit of ruckus in court today. Deborah Becker from member station WBUR has been covering this trial in Plymouth, Massachusetts, and joins us now. Hi, Deborah.
DEBORAH BECKER, BYLINE: Hello.
CHANG: OK. So what happened in the courtroom today?
BECKER: Well, at about 3 o'clock Eastern time this afternoon, we got word that there was a note from the jury. Judge William Sullivan convened court and questioned each of the 12 jurors individually under oath. He then had a sidebar with both the prosecutors and Clancy's defense attorney Kevin Reddington. Now Reddington appeared angry - 'cause we can't hear any of this. He brings Clancy up to this sidebar in her wheelchair, so the jurors faced her while they were being questioned. The judge then called in the entire jury, read them further instructions about reasonable doubt, and the jury went back to deliberate, and then they were sent home about a half hour later.
CHANG: Huh. What do you think that was all about?
BECKER: Well, it was confusing, but Reddington got up and said one juror was a holdout toward reaching a verdict. He said that note from the jury was that one of the 12 jurors was not following the law, and Reddington asked the judge to substitute in an alternate juror.
(SOUNDBITE OF ARCHIVED RECORDING)
KEVIN REDDINGTON: I request that we have further inquiry. My motion is to remove this juror that refuses to listen to your instruction on reasonable doubt.
BECKER: But then prosecutor Jennifer Sprague said it's not clear really what one holdout means. And she said the court shouldn't be getting involved.
(SOUNDBITE OF ARCHIVED RECORDING)
JENNIFER SPRAGUE: We had the note from the jury. There's no way to determine what the deliberations are, who's correct, who's incorrect, and nor should we attempt to.
CHANG: Wait - so what was the judge's response to that?
BECKER: So Judge Sullivan said it's a sensitive situation, but he refused to put in an alternate juror.
(SOUNDBITE OF ARCHIVED RECORDING)
WILLIAM SULLIVAN: I don't I feel that it is proper for me to side with one side or the other of the deliberations. I don't feel it's appropriate for me to say, I agree with one juror or the 11.
BECKER: And I have to say the judge looked visibly irritated in his comments to the jury. He spoke kind of firmly and reminded them of the meaning of the phrase beyond a reasonable doubt and said if there is doubt, then the defendant must be acquitted.
CHANG: So interesting. What was the mood like in the courtroom during this entire episode?
BECKER: Well, it's tense. A lot more spectators arrived this afternoon, presumably believing that there would be a verdict. Some people had not even come to watch the trial before. And there were so many people that the court officers had to turn some away because they couldn't all fit in the courtroom. A lot of media people here and others regularly attending the trial really just appear fatigued, and nerves are frayed.
CHANG: Yeah. It feels like tensions are building because all of this comes after the jury said that they were deadlocked twice at this point, which seems to suggest that they're really struggling here, right?
BECKER: Right. They did report Tuesday and Wednesday they were deadlocked. The judge told them to keep trying. He also issued formal legal instructions urging them to keep going. But because they've been going so long, it might suggest that they're kind of close. And the decision before the jury is complicated. It's not just guilty or not guilty. They have to decide several crimes - murder, second-degree murder, manslaughter or not guilty because of her mental health.
CHANG: Right. And explain how much longer could this theoretically go on. Like, why might the judge be reluctant to call a mistrial?
BECKER: Probably not much longer. The judge just urged the jury to continue, and if they report back they can't reach consensus, then it's likely there would be a mistrial.
CHANG: That is Deborah Becker of WBUR. Thank you, Deborah.
BECKER: You're welcome. Transcript provided by NPR, Copyright NPR.
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