Lindsay Clancy's defense attorney Kevin Reddington accused the holdout juror in her trial of having a bias against people with mental illness or disabilities in his 'Hail Mary' move to try save his case from a mistrial. Reddington filed a last-minute appeal on Friday to the Massachusetts Supreme Court for an emergency stay, attempting to force the lone holdout off of the jury after it ended in an 11-1 deadlock. Judge William Sullivan paused declaring a mistrial to give Reddington time to appeal. Ultimately, it wasn't enough. The appeal was reviewed by a Supreme Court Justice but it was denied on Friday. Judge Sullivan formally declared a mistrial shortly thereafter. Now, Clancy must wait until September 29 to return to court to face the prospect of a new trial. In his emergency request, Reddington accused the lone juror of holding 'a bias against those who suffer from debilitating mental illness.'Reddington insisted in his filing that a 'mistrial at this point is entirely avoidable, but only if the court does its job.' The brief hearing took place over Zoom shortly before 2pm ET, with Associate Justice Dalia Argaez Wendlandt presiding. She has now retired to consider the arguments put before her and is expected to issue a ruling in the next two hours. Clancy was seen facing the camera while sat next to Reddington.In court, Reddington cited the Americans with Disabilities Act in his request to the judge, saying he believes 'this is a situation that there is a clear and present danger that this individual (the holdout juror) for some reason is taking a position that is intractable, regardless of proof beyond a reasonable doubt.' Reddington's last-ditch legal filing came after over 37 hours of deliberations from the jury, which had previously sent notes to Sullivan on Tuesday, Wednesday and Thursday saying they were unable to reach a unanimous verdict. Reddington must now appeal to Massachusetts' Supreme Court for an emergency stay. If he is successful, the same jury could be sent back to deliberate the case yet again. If Reddington fails, Clancy faces a grueling retrial.She is on trial for killing her three children, Cora, five, Dawson, three, and eight-month-old Callan, at her home in Duxbury, Massachusetts, in 2023. Lindsay Clancy's defense attorney Kevin Reddington accused the holdout juror in her trial of having a bias against people with mental illness or disabilities in his 'Hail Mary' move to try save his case from a mistrial Clancy seen on an emergency Zoom hearing with her attorney Kevin Reddington on Friday as they appealed to the Massachusetts Supreme Court Clancy was charged with murder for strangling her three children, Cora, five, Dawson, three, and eight-month-old Callan in 2023Clancy admitted to killing her children but pleaded not guilty to murder by reason of insanity, citing postpartum psychosis as a result of overmedication. A few moments before the mistrial was declared, Reddington suggested to Judge Sullivan that he still had the power to send the jury back out to deliberate again, one final time.The panel could not agree on whether Clancy, 36, is guilty of murder, manslaughter, or not criminally responsible for her actions by Friday morning.Prosecutors pushed for a mistrial and will likely want to retry Clancy, but have yet to offer further insight into possible future plans.During the sensational five weeks of testimony, prosecutors argued the killings were intentional and well planned, not the work of someone who had lost control.The mistrial was declared hours after tensions between Clancy's defense attorney Kevin Reddington and Judge Sullivan boiled over. That came after Reddington accused Sullivan of giving a 'soft' instruction to jurors about how to interpret the concept of reasonable doubt.In 2020, the US Supreme Court ruled that jurors must reach a unanimous verdict in serious criminal cases - like Clancy's alleged murder of her three young children - or a mistrial will automatically be declared. Judge William Sullivan, pictured on Friday, initially declared a mistrial - then shocked the courtroom by giving Clancy's defense attorney Kevin Reddington the chance to appeal the mistrial Lindsay Clancy, 36, admitted to killing her children but pleaded not guilty to murder by reason of insanity. She is seen in court on Friday morningThe move from Reddington divided opinions, with some questioning how the Disabilities Act was relevant while others praised him for fighting to the end for his client.Attorney Jason Goldman, who is representing convicted murderer Bryan Kohberger in his ongoing appeal, told the Daily Mail that Reddington's efforts were an 'extreme long shot' to try and save his case.'It's definitely a hail Mary,' Goldman said. Goldman explained that Reddington is 'clearly confident this is an 11-1' in his favor, and is trying a 'long shot' to try and secure a victory. Goldman added that the legal precedent for trying to remove a juror at the 11th hour is 'few and far between', but 'there is no downside' for Reddington at this point. 'I can't imagine it working, but the judge is hearing it to try and protect the record. (The judge) is being extra cautious' in case of a future appeal, he said. Attorney Jason Goldman, who is representing convicted murderer Bryan Kohberger in his ongoing appeal, told the Daily Mail that Reddington's efforts were an 'extreme long shot' to try and save his case Reddington speaks with Clancy on Friday after her trial was plunged into chaos The first time the jury announced they were deadlocked on Tuesday, the judge ordered them to continue deliberations.On Wednesday, the jury came back after lunch and told the judge they were still unable to come to a decision.Judge Sullivan 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. A judge can give the instruction a maximum of two times.On Thursday around 3pm, the jury sent the judge a note, which prompted fierce discussion in the courtroom between the defense and prosecuting attorneys.In a sensational move that has not happened in the trial so far, defense attorney Reddington unclasped Clancy's wheelchair brakes and pushed her to the judge's bench.She spoke with the judge before being wheeled back to her bench. The judge then brought each of the 12 jurors in to speak to him, one by one. Defense attorney Kevin Reddington makes an argument to remove one juror from deliberations on FridayIt is unclear what formed their discussion, but the mood inside the courtroom was tense as each juror spoke briefly for a minute before leaving again.The judge then brought the entire jury back inside and resumed, where he reiterated the jury's job to find Clancy guilty or not guilty beyond a reasonable doubt.Then, for the third time during the blockbuster deliberations, he sent the jury out again.Before the court adjourned, Reddington spoke to the judge and demanded that 'one juror' who is 'refusing to listen to the law' be removed from the panel.The law requires the jury to come to a unanimous decision, and if they are unable to, the judge is forced to declare a mistrial.A mistrial means the prosecution will have the opportunity to try Clancy again. The trial will have to start over from jury selection.A second trial would not violate Clancy's Fifth Amendment right against double jeopardy, which protects citizens from being punished for the same crime twice.The Constitution of the United States prevents the government from trying a person again for the same crime after they have already been found innocent or guilty.But because Clancy's first trial has resulted in a deadlock, the prosecution is allowed to charge her a second time.It is unclear whether the prosecution will move forward with a second trial. Clancy is likely going to be kept institutionalized in the interim while a decision is made.