Elyse M. Hershon, Esq

Elyse M. Hershon, Esq Boston Criminal Defense Attorney and TV Legal Analyst
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09/08/2026

Joined NewsNation and Hena Doba last night to discuss the Lindsay Clancy mistrial. I explain what the huge problem is for the prosecution if they were to retry this case (hint: it involves Dr. Mack).
Although not officially announced, it was clear to me from the Plymouth District Attorney’s press conference that he stands by the first-degree murder charges and is fully behind the prosecution of this case.
I keep asking the same question: What does it take to unify a majority of the globe behind what is seemingly the most unsympathetic defendant possible - a mother on trial for killing her three children?
Answer: the prosecution came out too hard demonizing mental illness, and taking on a sympathetic defendant. One juror, in fact, stated that a problem for them was that the prosecution “lacked compassion” in their trying of the case.
The conversation about this trial - in the larger context of mental health, in Reddington asking Trump for a pardon on GMA, and the holdout juror - is not over.

09/07/2026

Am I in the promotional video for Boston 25 News news ? Yes! Catch me during their commercial breaks on Fox 25.
Thank you Boston 25 for trusting me and including me in this important coverage of the Lindsay Clancy trial.

09/06/2026

Why would the prosecution in the Lindsay Clancy trial have wanted the jury reinstructed on “reasonable doubt” Friday? That is a rarity. Every trial I’ve ever done (that I can think of), when I wanted this part of the instruction reiterated or reread to the jury, the prosecutor objected.
On CNN Situation Room with Pamela Brown I explain why. We also discuss the holdout juror in the Lindsay Clancy trial Friday. At the time, we knew about the note by the jury Foreperson, but had not been told what exactly it said by the court.
This is legal analysis and not any personal opinions about the case. There are strong emotions on both sides but my job is to explanation things from a legal perspective .
Thank you CNN and CNN Situation Room

09/05/2026

Wrapped a long day of legal chaos in the Lindsay Clancy yesterday with News Nation’s “On Balance”. I was asked about jury sequestration at the retrial - but I don’t see this as being a factor in what happened in that jury room, based on what we know.
Next we discuss the emotional considerations that are inherently involved in a retrial. I predict this will not dissuade the District attorney from pursuing these first-degree murder charges against Lindsay Clancy again.
But first - I had to address what another legal contributor commented: that the prosecutor’s closing was really strong. I always enjoy a good banter. Thank you for having me NewsNation .

09/05/2026

A small clip of my live, continuous coverage on the legal chaos unfolding in the Lindsey Clancy trial today that ultimately ended in a mistrial. Anchor Cayle Thompson and I were at the news desk in Boston 25 News News studio on air, covering and legal analyzing in real time, as it was all happening.
It was an incredible experience being able to watch and analyze things live, - without a laptop, without outside access - explain to you what is happening, why it is happening, what the next possible steps are and where I see this going.
It was a challenge to cover complex legal issues while being mindful that the facts of this case are uniquely horrific and require a certain level of care in delivering information about the case.
I’ll be posting more, but here’s a glimpse.
Thank you Boston 25 News

09/04/2026

Sat at the anchor news desk doing live coverage of Boston 25 for an hour and a half with Kerry Kavanaugh- analyzing what was happening as things unfolded in court in the Lindsay Clancy trial.
Wow.
When the attorneys went to sidebar, it was clear that it was not a verdict or a declaration of a hung jury - because neither of those would happen at sidebar. Verdicts are announced to the entire courtroom at once; a jury note simply to deadlock would likely have been declared a mistrial as is required post-Tuey, without the strong reactions we saw in court.
It was clear to me that there was a bigger problem in the juror room, with a juror. The note was not read aloud to us, but going off of my experience of a trial lawyer including homicides, this was not the typical course of things.
To ask to swap out a juror for an alternate, after a week of deliberations? Rare.
Due to the defense request to swap out the juror, and the DA satisfied with the reasonable doubt instruction read, indicates to me that this juror wants to convict and the rest of the jury does not.
I explain that the issue is not just that there is a holdout - because that would lead to a hung jury and a mistrial without removal. A holdout is not grounds for dismissal of that juror.
Those are 2 very different issues.
We know now that the judge is going to do further inquiry tomorrow first thing , which signals to me that the Judge is reconsidering his ruling today.
I’ll be back at the news desk tomorrow morning at Boston 25 News studios for live coverage.

09/03/2026

Morning coverage with NewsNation about the jury entering day 6 of deliberations in the Lindsay Clancy trial.
What is the jury disagreeing on? Why is it taking so long? Is it a long time? And what happens to Lindsay Clancy herself if this case is declared a mistrial? We discuss above.

09/03/2026

Boston 25 News morning news with Ray Villeda as the jury continues to deliberate on the Lindsay Clancy case.
If this case were to result in a mistrial, defense attorney Reddington is ready to try this again. Only the Plymouth County district attorney has the authority to drop the charges, reduce the charges, or proceed with a retrial.
There has been a lot of discussion as to what happens if there’s another note that the jury is not unanimous, but what happens if they return a partial verdict?

09/03/2026

How did I end up on a phone call with Wolf Blitzer and Pamela Brown on CNN’s The Situation Room while driving down the highway?
Breaking news is breaking news. And this is why you only hear my voice, but do not see me on screen with them. News happened when I was en route to a different news studio, and I was patched into The Situation room without a moment to spare .
I explain the procedural path to a hung jury/mistrial, and the specific instructions of Tuey-Rodriguez, and what it all means. Also, what happens if they’re agreed on some of the verdict options and not others? Remember there are five options on that verdict slip. And remember what happened in Karen Read.
Thank you CNN Situation Room Wolf Blitzer Pamela Brown CNN

09/02/2026

The Lindsay Clancy jury has come back with a second note, that they are not able to come to a unanimous decision.
The Court, and the parties, decided that it was time the Tuey-Rodriguez instruction be given to the jury, which can only happen once the jury signals that they are at a deadlock. The jury spent a day and a half since the last note undoubtedly working towards trying to agree.
The instruction is a formal instruction that must be read verbatim, Word for Word. It states it is desirable that the case be decided. It reminds the jury that the burden of proof is on the prosecution, and that the defendant is entitled to the benefit of any doubt.
Note that the Judge does not tell the jury that this is their last instruction regarding further deliberations.
It is clear that this case has put a lot of pressure on this jury but the last thing anyone wants is to push a hold out or multiple holdouts to concede to the majority.
At this point, the jury will have unlimited time to come back and report that they’re deadlocked, that they have a verdict, or perhaps have a question.

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