What is a Tuey-Rodriguez charge? Judge gives instruction to deadlocked Lindsay Clancy jury

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What is a Tuey-Rodriguez charge? Judge gives instruction to deadlocked Lindsay Clancy jury

Fox News · 13 hours ago

A Massachusetts judge gave jurors in the Lindsay Clancy murder trial a Tuey-Rodriguez charge on Wednesday after they reported for a second time that they could not reach a unanimous verdict. The instruction, unique to Massachusetts and sometimes called a "dynamite charge", urges deadlocked jurors to keep deliberating and reconsider one another's views without abandoning honestly held beliefs purely to reach agreement. It does not guarantee a verdict is imminent but is generally seen as a necessary step before a judge can declare a mistrial.

The charge derives its name from two state Supreme Judicial Court rulings, Commonwealth v. Tuey (1851) and Commonwealth v. Rodriguez (1973), the latter softening the language to avoid pressuring holdout jurors. A retired judge told Fox News Digital that continued deadlock after the instruction raises the likelihood of a mistrial, though verdicts have followed such charges before. Clancy, from Duxbury, faces three counts of first-degree murder over the January 2023 deaths of her children Cora, Dawson and Callan; she admits killing them but claims postpartum psychosis left her not criminally responsible, while prosecutors argue she was sane and acted deliberately.

  • Judge gives deadlocked Clancy jury a Tuey-Rodriguez instruction to keep deliberating
  • Rare Massachusetts charge precedes possible mistrial declaration
  • Clancy denies criminal responsibility, citing postpartum psychosis, in children's deaths

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