PLYMOUTH, MA. (THECOUNT) — Lindsay Clancy is returning to court Tuesday as prosecutors and her defense team argue over whether she can face a second trial in the deaths of her three young children after her first murder trial ended in a mistrial.
Clancy’s trial ended September 4 after jurors were unable to reach a unanimous decision following seven days of deliberations. Judge William Sullivan declared a mistrial after the jury deadlocked over whether Clancy was criminally responsible for the deaths. The reported vote was 11-1 in favor of finding her not guilty by reason of lack of criminal responsibility.
Advertisement
At Tuesday’s hearing, prosecutors are expected to argue that the evidence presented at trial was sufficient for a jury to find Clancy criminally responsible and that the case should proceed toward another trial. Clancy’s defense is asking Sullivan to find her not guilty by reason of lack of criminal responsibility, arguing the state failed to establish that she was legally responsible for the killings.
If Sullivan grants the defense motion and enters an acquittal, prosecutors would be barred from retrying Clancy on the charges. Her attorneys are also seeking dismissal on double-jeopardy grounds, arguing that another prosecution should not be permitted following the mistrial.
The defense has separately asked the court to investigate the juror who remained opposed to an acquittal during deliberations. The request includes access to the juror’s phone records and other information concerning his conduct during the seven days of deliberations.
The defense has also raised concerns about the juror’s reported use of a phone during deliberations and is seeking preservation and review of jury notes and the court’s responses. Those requests are part of the broader effort to challenge the circumstances surrounding the mistrial.
Clancy has pleaded not guilty to first-degree murder charges in the January 2023 deaths of her children, 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan. Prosecutors argued during the trial that Clancy deliberately killed the children, while her defense maintained that she was suffering from postpartum psychosis and was not criminally responsible for her actions.
The case drew weeks of testimony concerning Clancy’s mental state before the killings. After the jury failed to reach a verdict, the mistrial left the murder charges unresolved and opened the possibility of another prosecution.
Clancy’s return to court comes as prosecutors consider moving forward with a second trial while her attorneys pursue motions that could end the case without another jury proceeding. The judge’s rulings on the pending motions will determine the next stage of the case.
Plymouth Superior Court is located in Plymouth County, Massachusetts, southeast of Boston. The court is handling the case stemming from the deaths of Clancy’s three children at the family’s home in Duxbury, Massachusetts.
Google Maps: Plymouth Superior Court, Plymouth, Massachusetts
DEVELOPING::