Judge William Sullivan ruled that claims about the juror that emerged after the mistrial was declared could not be used to challenge his decision to end the trial. Evidence that might have supported dismissing a juror during deliberations, Sullivan said, was not relevant to whether there had been a compelling need to declare a mistrial.

Defense attorney Kevin Reddington had asked for a hearing to examine whether the juror disclosed his past involvement with the criminal legal system, used a cellphone during deliberations and refused to follow the law. Those concerns included statements other jurors reportedly made about the holdout, according to the defense’s request.

The 12-person jury deliberated for more than 38 hours and told Sullivan three times it was deadlocked. After the foreperson reported that one juror was not following the law, Sullivan instructed the panel on the law and questioned each juror. He declined a defense request to seat an alternate juror, and the state’s highest court refused to intervene.

Clancy was tried in connection with the deaths of her three children at their Duxbury home in 2023. A hearing on whether she will be tried again is scheduled for next month. Prosecutors have not said whether they will seek a retrial.