The judge tells the jury to keep deliberating for a third time in the trial of Lindsay Clancy, who is accused of killing her three small children in Massachusetts in 2023 - watch live above
Clancy's lawyer Kevin Reddington has asked the judge to remove one juror who he says isn't following the rules - here's what he said to the judge
Just beforehand, Clancy's defence lawyer appeared to be frustrated with the judge during a tense exchange, our reporter writes from court
Clancy is charged with three counts of first-degree murder, as the prosecution argues she made a calculated, intentional decision to kill them
The 36-year-old former nurse does not dispute killing her two sons and daughter, but her lawyer argues she was suffering from postpartum psychosis at the time, and therefore could not distinguish right from wrong
Warning: This page contains distressing details
Ana Faguy
Reporting from court in Massachusetts
Judge William Sullivan has ended court for the day. The dismissal comes shortly after he told the jury for the third time to continue deliberations.
He says they will reconvene on Friday morning.
Sakshi Venkatraman
US reporter
It's been a very chaotic few minutes in the Lindsay Clancy courtroom.
If you're just joining us, here's what happened.
A short while ago, we got word that the jury had sent a note to the judge. That could mean anything - from a simple question to a verdict. It turned out to be neither.
One by one, the judge called each juror in and made them affirm they could still carry out their duties.
Eventually, he brought them in as a group and explained the legal rules of reasonable doubt, meaning the highest standard of proof is needed to convict someone in a criminal case. After that, the group was sent back to deliberate.
Clancy's attorney Kevin Reddington spoke in court, disclosing that the note from the jury reportedly said one juror was not following the judge's instructions regarding reasonable doubt. He called the judge's instructions "soft" and urged him to remove the juror in question. Prosecutors said they had no issue with how the judge handled the situation.
Ultimately, the judge said he did not want to interfere with the jury. So after 36 hours, deliberations continue.
Ana Faguy
Reporting from court in Massachusetts
We're lining up to go back into the courtroom, though we're not sure why.
Here's what Lindsay Clancy's defence lawyer Kevin Reddington said in court just a few minutes ago:
The court has an instruction from the foreperson of that jury, - that's been working for a week now - saying that there's one juror who refuses to listen to the law that you’ve given him or her on reasonable doubt.
I suggest respectfully that the soft instruction that you gave them saying, at the sidebar, 'can you listen to the law as I instruct you, does not focus on the issue' – the question is not sufficient enough, it does not allow any foundation for a motion to remove the juror who refuses to accept your instructions on the law on a reasonable doubt.
If we come back In a half an hour with a mistrial because of a juror that has just spurned the instructions of this court, that's a shame, that's a real shame.
And that’s why I object to the court's ruling, I request that we have further inquiry – my motion is to remove this juror that refuses to listen to your instruction on reasonable doubt.
Watch: Defence calls for one juror to be dismissed
Ana Faguy
Reporting from court in Massachusetts
We're all back in the hallway now outside the courtroom. We know a lot more than we did an hour ago. According to Reddington, Clancy's attorney, one juror is a holdout.
All the reporters are asking one another about precedent in Massachusetts and about what's going to happen next.
The truth is, we have no clue until the jury tells us.
Prosecuting attorney Jennifer Sprague says the judge's instructions to the jury were sufficient, disagreeing with Clancy's attorney, who thinks a juror should be dismissed based on a note provided by the jury's foreperson.
"There's no way to determine what the deliberations are, who's correct, who's incorrect, nor should we attempt to," she said, adding she is okay with the judge's general instructions.
"I appreciate that you're allowing us to be heard in public," says Reddington, Clancy's lawyer, telling the judge that he would prefer to speak publicly rather than privately during a sidebar with the judge.
One juror, he says, "is refusing" to listen to the judge's instructions about "reasonable doubt", and that they have "spurned the instructions of this court".
He calls it a "shame" that the jury has been instructed to continue deliberating.
The judge says it would not be "proper... to side with one side or the other on deliberations", and that he has no choice but to ask them to keep trying to reach a verdict.
Clancy's defence lawyer Kevin Reddington is asking the judge to remove one juror.
He says, citing the jury foreperson, that one person isn't listening to the judge's instructions about what constitutes reasonable doubt in a criminal case.
He argues there is no choice but to expel this juror.
Ana Faguy
Reporting from court in Massachusetts
Clancy bows her head into her lap as the assembled media begin to exit the courtroom. Her lawyer is seen holding her in a side hug and rubbing her back.
Ana Faguy
Reporting from court in Massachusetts
Kevin Reddington, Clancy's defence lawyer, is not looking at the judge in apparent frustration. The prosecutors stare on silently. The judge does appear to hear Reddington.
We hear Reddington say, "Let's do it."
Ana Faguy
Reporting from court in Massachusetts
This was not what we expected at all. We thought we'd be coming in here to hear there was a mistrial or that there was a question or a verdict in the case.
Instead they are continuing their deliberations.
The jury has been sent back to continue deliberations after receiving further instructions on the law from the judge.
Ana Faguy
Reporting from court in Massachusetts
As the judge reads the rules of reasonable doubt to the jury, Clancy looks at the jury and at the judge and Reddington has his chairs completely turned to face the jury and is looking right at them.
The jury is looking at the judge.
Judge William Sullivan is addressing the jury as a whole now.
A reminder - you watch the proceedings live above.
Judge William Sullivan has finished speaking with each of the jurors one on one. The alternate jurors are not in the courtroom.
Ana Faguy
Reporting from court in Massachusetts
As each of the jurors come in, some appear to look at Clancy and some don't.
We expect each of the 18 jurors - 12 deliberating and six alternates - to go through this process.
We can't hear anything, but we watch them each one by one walk in and raise their arm, say something out loud and then we see the judge asked them a question before they are escorted out of the room.
Ana Faguy
Reporting from court in Massachusetts
Now we're seeing a procedure we saw yesterday morning.
The judge is bringing each juror in one by one and asking them to raise their hand and presumably promise they're committed to their duty.
This time, as each juror does this, it's not just the prosecution and defence looking on, but Clancy too.
Ana Faguy
Reporting from court in Massachusetts
Reddington is telling Clancy what is happening now, and she's leaning in to listen attentively. We can't see her face.
He is now wheeling her over to the judge.
Now Clancy herself is part of the sidebar, and they are all continuing to talk. Reminder: we can't hear anything.
Ana Faguy
Reporting from court in Massachusetts
The discussion between the lawyers and the judge looks intense. They're all making direct eye contact with the judge.
It appears Assistant District Attorney Jennifer Sprague of the prosecution and Clancy's lawyer Kevin Reddington are speaking to the judge.
There is an exasperated sigh from Reddington, who now appears impassioned.
He's slammed down papers and crossed his arms in apparent frustration. There appears to be a change in temper here from Reddington.
This is one of the longer sidebar discussions, as they are called, I've seen since I've been here this week.
Ana Faguy
Reporting from court in Massachusetts
Judge William Sullivan brings lawyers from both the prosecution and the defence to the bench to speak with them privately.
Reminder: we can't hear them; static noise is playing in the courtroom.
But we can see them, and they're all listening attentively.
