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The judge in the Lindsay Clancy case indicated Friday that he would declare a mistrial but then gave the defense a one-hour deadline to appeal.
Judge William Sullivan said that ‘under the statute in the case law,” he did not think he had any option other than to declare a mistrial.
But the judge then granted the defense an hour to afford the opportunity to seek an emergency stay.
Judge Sullivan read the jury foreperson’s note aloud in open court: “It is with a heavy heart that we report we are unable to come to a unanimous decision and will not be able to.”
This is a breaking news story and will be updated.
The Associated Press contributed to this report
