Lindsay Clancy trial: First hearing since mistrial
Lindsay Clancy returned to Plymouth Superior Court on Tuesday for her first hearing since the Lindsay Clancy trial ended in a mistrial on Sept. 4. Prosecutors have not yet said whether they will retry the Massachusetts mother on first-degree murder charges in the deaths of her three children.
Key Takeaways
- Clancy appeared for a status hearing in Plymouth, Massachusetts, her first court date since a hung jury on Sept. 4.
- Plymouth County District Attorney Timothy Cruz has not announced whether he will seek a retrial.
- Defense attorney Kevin Reddington is seeking dismissal on double-jeopardy grounds and a not-guilty finding for lack of criminal responsibility.
- Prosecutors oppose that request and have asked the judge for a gag order limiting media comments by lawyers.
- Clancy remains held at Tewksbury Hospital without bail on three first-degree murder counts.
The hearing before Judge William Sullivan was set for about 9 a.m. EDT and was running late as of mid-morning, according to CBS News Boston. Sullivan also oversaw the original trial.
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What is happening at today's Lindsay Clancy hearing?
Today's status hearing is expected to address pending defense motions and the path forward after weeks of uncertainty. Clancy's lawyers want the murder charges dismissed, arguing a second trial would violate double-jeopardy protections because the mistrial was declared without "manifest necessity."
Reddington has also asked the court to enter a finding of not guilty by reason of lack of criminal responsibility, saying the state did not prove she was criminally responsible. Prosecutors filed a response Tuesday arguing the trial evidence was sufficient for a rational fact-finder to convict.
In a separate filing, Plymouth County Assistant District Attorneys Jennifer Sprague and Shanan Buckingham sought an order barring lawyers from making extrajudicial media statements that could prejudice the case. News organizations including WBZ-TV and Boston Globe Media Partners have opposed that request.
Will prosecutors retry the Lindsay Clancy trial?
Cruz has not publicly committed to a retrial. Options reported by major outlets include retrying the same first-degree murder counts, reducing charges to second-degree murder or manslaughter, pursuing a plea, or dropping the case.
No plea was available during the first trial while first-degree murder charges required a jury. Reddington has said any deal is up to Cruz and that he would not agree to a resolution that puts Clancy in jail. A WBZ-TV legal analyst said lesser charges could allow a bench trial before a judge.
Clancy, 36, a former labor and delivery nurse, has pleaded not guilty. The defense says she was overmedicated and suffering from postpartum psychosis when she killed her children—Cora, 5; Dawson, 3; and Callan, 8 months—in their Duxbury home in January 2023. Prosecutors argued she knew right from wrong.
Why did the first Lindsay Clancy trial end in a mistrial?
After seven days of deliberations and an 11-1 split, jurors could not reach a unanimous verdict. Judge Sullivan declared a mistrial on Sept. 4 after the panel reported an unbreakable impasse. An emergency defense appeal to the state's highest court was rejected.
Jurors later confirmed most favored a finding that Clancy was not criminally responsible. Holdout juror Michael Desronvil has said he had no doubt and wants focus returned to the three children. His attorney has praised that stance and criticized Reddington's post-trial comments; Reddington says his motions are legitimate advocacy.
Clancy remains at Tewksbury Hospital under psychiatric care while the court decides what comes next in one of Massachusetts' most closely watched murder cases.