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Judge William Sullivan indicated Friday that he would declare a mistrial in the Lindsay Clancy case, but then gave the defense an hour to appeal.

The judge 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.”

Sullivan said that “under the statute in the case law,” he did not think he had any option other than to declare a mistrial.

LINDSAY CLANCY TRIAL HANGS IN BALANCE AS DEFENSE MAKES LAST-DITCH BID TO STOP MISTRIAL

But the judge then granted the defense an hour to afford the opportunity to seek an emergency stay.

Since then…

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