In his ruling on Monday, Sullivan said that a retrial would not unconstitutionally subject Clancy to double jeopardy, according to court documents obtained by the BBC.
“Although a mistrial may be expensive in both human and monetary costs, it is not to be avoided by intrusion into the jury’s domain,” he wrote.
He also said that the possibility that “an unreasonably stubborn or eccentric juror” could be seated is “an unavoidable risk of the jury system”.
“Because the court concludes that there was manifest necessity for a mistrial based on the jury’s deadlock, a retrial on the murder indictments does not violate Clancy’s right not to be placed in double jeopardy.”
Sullivan also denied a defence motion to see records of the lone holdout juror in the case and to question the juror under oath.
He said the defence failed to demonstrate that the records are needed for Clancy’s defence at any retrial, and that questioning the juror “would have been impermissibly coercive”.
The judge scheduled a hearing for 16 November to discuss scheduling a potential second trial. He previously suggested it could begin in March.
Ana Faguy contributed reporting.
