Just before the jury was called back into the courtroom to hear the mistrial announcement, Clancy’s lead attorney, Kevin Reddington, objected. He first argued that the judge should send the jurors back for further deliberations instead of ending the trial. When that argument did not change the judge’s mind, Reddington took a more unusual step: he asked for an hour to file an emergency stay with the Massachusetts Supreme Judicial Court (SJC), the state’s highest court.
Judge Sullivan agreed to pause the proceedings for one hour so that Reddington could seek what is known as extraordinary relief from a single SJC justice. During that time, the formal mistrial ruling would be put on hold, and the clock started ticking on a last-ditch effort to keep the trial alive or at least address a specific legal issue before the case was terminated.
Timeline of the emergency request:
- Late morning, September 4: Judge Sullivan indicates he will declare a mistrial after the jury’s third deadlock note.
- Shortly after: Reddington objects and asks for time to file an emergency stay with the SJC.
- One-hour recess: The judge grants a one-hour delay so the defense can seek relief from the state’s highest court.
- Early afternoon: A single SJC justice holds an emergency hearing on the defense’s motion.
- Shortly after 2 p.m.: The SJC denies the emergency request; Judge Sullivan proceeds to formally declare a mistrial.
