Clayman Rosenberg Kirshner & Linder partner Effie Blassberger was quoted in a Slate Magazine Q&A examining the mistrial declared in the Lindsay Clancy case and the legal questions that remain about what happens next.
The case, which has drawn national attention, ended in a mistrial after a Massachusetts jury spent nearly 40 hours deliberating whether Clancy was criminally responsible for the deaths of her three children in 2023. Clancy had pleaded guilty but argued that a diagnosis of postpartum psychosis should mitigate her criminal liability. The jury deadlocked over a single holdout, and defense attorney Kevin Reddington’s subsequent bid to have that juror removed, along with his emergency appeal following the mistrial ruling, were both denied.

In the Q&A, Blassberger walked through several key legal issues raised by the holdout juror and the mistrial. She explained what it means when a jury reaches an “intractable position,” noting that a juror who genuinely holds reasonable doubt is supposed to have that view carry the deliberations rather than be pressured out of it. She also addressed why the judge declined to remove the holdout juror, explaining that disagreeing with fellow jurors alone is not grounds for removal, since the process depends on respecting each juror’s independent judgment.

Looking ahead, Blassberger outlined the prosecution’s three options now that a mistrial has been declared: retry the case with a new jury, negotiate a plea deal or decline to pursue the case further.
“I don’t think the public attention is going to sway the prosecution,” she noted, adding that seating an impartial jury will be a significant challenge given the level of media coverage the case has received.

The full Slate article, “The Lindsay Clancy Case Has Ended In a Mistrial. What Happens Now?,” can be found here.

Blassberger is frequently called upon to represent clients facing sensitive investigations and significant criminal exposure and has won victories at critical stages of criminal proceedings, including persuading prosecutors to decline charges and securing dismissals.