Massachusetts judge clears path for Clancy retrial

Judge William Sullivan of the Plymouth District Court rejected a motion on Monday to dismiss murder charges against Lindsay Clancy. The ruling allows a second trial to proceed for the 2023 killing of her three young children. Sullivan determined that a retrial would not violate the defendant's constitutional protection against double jeopardy.

Sullivan declared a mistrial on September 4 after the jury reported a deadlock. A single holdout juror prevented the panel from reaching a unanimous verdict. The judge now has scheduled a hearing for November 16 to set a date for the new trial. Sullivan has indicated that a March start date is a possibility.

Clancy's attorneys argued that the first trial should have ended differently. They contended that Sullivan acted prematurely in declaring the mistrial and that the move was not manifestly necessary. The defense pointed to jury notes stating the holdout was not following instructions on reasonable doubt. Lawyers said the judge should have questioned the juror and potentially removed them instead of restarting the case.

Sullivan disagreed with that assessment in his written ruling. He noted that the jury notes suggested a disagreement among jurors rather than a refusal by one member to follow the law. Sullivan wrote that questioning the holdout during deliberations would have been impermissibly coercive. He concluded there was a manifest necessity for a retrial based on the deadlock.

In a related decision, the judge declined to conduct a limited inquiry into the holdout. Sullivan said he saw no point in examining the juror under oath at this stage of the proceedings. Martin Weinberg, Clancy's lawyer, stated that the defense anticipates pursuing an appeal. A spokesperson for Plymouth County District Attorney Timothy Cruz did not respond to requests for comment.

Clancy is accused of strangling her daughter Cora, 5, her son Dawson, 3, and her son Callan, 8 months, with exercise bands. The killings occurred on January 24, 2023, in the basement of the family home in Duxbury, a suburb of Boston. Clancy then cut herself with a knife and jumped from a second-story window in an attempt to end her own life. The fall left her paralyzed.

The defense has argued that Clancy was suffering from postpartum psychosis and should be found not guilty by reason of insanity. In Massachusetts, this is known as lack of criminal responsibility. Several jurors indicated in interviews after the mistrial that they were prepared to return that verdict. A conviction on first-degree murder charges carries a mandatory sentence of life in prison without parole.