US judge declares mistrial in Lindsay Clancy cases

0:00It's the case that has captured international attention for weeks. American woman Lindsey Clancy on trial for killing her three children before attempting to take her own life. The defense team have argued she was suffering from a rare condition known as postpartum psychosis. And after a week of deliberations, the jury has this morning announced they were unable to reach a unanimous verdict. We joined by criminal defense lawyer, Sky Lazaro. Good morning to you, Sky. Well, after seven weeks in court, it's now ended in a mistrial. What is through? What has led to this moment? This case has really been fascinating to watch. One, the defense that they raised about the postpartum depression and her mental health status and the failure there. What led us to where we are today is the jurors that been out six days trying to deliberate. 11 jurors came back firmly convinced in reasonable doubt and a not guilty verdict.

1:04The one hold out after being sent back several times just stayed firmly convinced in how they felt about it. And so the court really has no other option. But to declare a mistrial, the defense has done everything in this case. They did a last-ditch effort appeal to the higher Supreme Judicial Court there, which is their court of appeals asking for an inquiry into this juror and a stay until that can happen. That was denied after a short oral argument. And so we ended up here. Okay. So what's likely to happen next, Sky? They set this case for a status about a month out and listening to the district attorney following the judge granting the mistrial. What I think will happen is they're going to go back to their office. Actually they need to decide the state and the prosecutor's office whether or not they want to retry this case or if they want to extend a plea offer or where they want to go

2:04from here. I don't think they've made that decision. So I think we'll know more in a month or so when they come back for that status here. Can you just don't include this up for us? So in wanting to perhaps try this case again, is there a double jeopardy situation here or not because it was a mistrial and she wasn't acquitted or found guilty? It's not a double jeopardy situation here. That is not triggered because of the mistrial. Yes, a jury was seated, but we're a jury essentially as hung or deadlocked and can't come to a unanimous decision, which is required in criminal cases. When the judge declares a mistrial, it's basically as if the trial never happened. We go right back to where we were prior to day one of trial. Oh, it's just extraordinary isn't it? It's really revived these longstanding debates about how postpartamental health is dealt within the US. And it seems something that most people agree in that the health care system really failed Lindsay. Do you think that any change could possibly come about from the huge attention that this

3:08case has garnered? This case really has highlighted that. It was the pinnacle of the defense in this case. It really gathered a lot of support for this defense. I think we're going to see this defense be more available in situations like this. I also think it just raises awareness for people who are struggling with this that you don't have to do it alone. Keep asking for help, demand that you get help. It's really tragic all around that we ended up here and Lindsay Clancy ended up here and her children. My hope is and I think a lot of people watching this is that the outcome of this is that this gets taken more seriously so we don't end up in murder trials. Yep. I think we're all hoping for that sky. I think you're in science this morning. Thanks for having me and good to chat.