Lindsay Clancy judge calls mistrial, then grants defense one hour stay for appeal

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.

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."

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.

If there is a mistrial, prosecutors would need to determine whether to make another attempt with a fresh jury.

The case has captivated national attention.

It focuses on Clancy's mental health when she killed her children, and whether she was criminally liable.

This is a breaking news story and will be updated.

The Associated Press contributed to this report