Lindsay Clancy's defense attorney revealed she is 'very upset' as the jury was dismissed for the day after they told the judge, for a second time, that they could not reach a verdict.

The panel of 12, nine women and three men, has now deliberated for 29.5 hours to determine whether Clancy is guilty of murder, manslaughter or not criminally responsible for her actions.

As he left the courthouse on Wednesday, Clancy's defense attorney, Kevin Reddington, revealed that the killer mom is 'sad' and 'upset' as she is waiting to learn her fate.

'You see the mascara on my suit? That's how she's holding up,' Reddington said. 'She's upset. She's very, very upset.

'One thing that is foremost in her mind are her children and she's very, very sad.' 

He thanked the jury for the diligence, and shared that he would be ready to retry the case next week if the deadlock continues.

'If they come back with the verdict, we'll see what it is, if they don't. I'm ready to try it next week,' he told reporters.

'I'm very proud of the jury. It's a tribute to the system. It's amazing. They're working very, very hard, and whatever happens with the case, nobody can say they haven't given it their all.'

Shortly after 2pm on Wednesday, the group sent a note to Judge William Sullivan saying they were at a standstill.

'Members of the jury, I've got your question, and the question, or probably more of a statement than a question, saying, 'After much deliberation, we are still unable to come to a unanimous decision,'' the judge said.

He then read the panel the Tuey-Rodriguez instruction, also known as the 'dynamite charge '–which guides them that they are in the best position to reach a verdict and that a future jury would not be better equipped than them.

It is a final instruction read to a jury in Massachusetts before a mistrial can be declared.

'There is no reason to suppose that the case will ever be submitted to 12 persons more intelligent, more impartial or more competent to decide it. Or that more or clear evidence will be produced,' Sullivan said.

'With this in mind, it's your duty to decide the case if you can do it conscientiously. In order to make a decision more attainable, the law imposes the burden of proof on one party or the other in all cases. In the present case, a criminal case, the burden of proof is on the Commonwealth to establish every element of the crime charged beyond a reasonable doubt.

'If you are left in doubt of any element of the crime, the defendant is entitled to the benefit of the doubt and must be acquitted.'

The judge may give the jury the Tuey-Rodriguez instruction no more than twice; after that, the judge must declare a mistrial.

The group then continued to deliberate until 4pm, and they were dismissed for the day.

'Members of the jury, I know it's been a long day,' Sullivan said. Some jurors looked tired and worn out as they nodded along to the judge.

He thanked them for their time and reminded the panel not to read or discuss anything about the case.

Sullivan then dismissed the panel until Thursday morning. The jury is not being sequestered.

Clancy, 36, is on trial for the murders of her three children, Cora, five, Dawson, three, and eight-month-old Callan, at her home in Duxbury, Massachusetts, in 2023.

She admitted to killing her children but pleaded not guilty to murder by reason of insanity, citing postpartum psychosis as a result of overmedication.

During the five weeks of testimony, prosecutors argued the killings were intentional and well planned, not the work of someone who had lost control.