Prosecutors intend to retry Lindsay Clancy over the deaths of her three children, with a judge indicating that March could be a realistic date for a second trial. The charges she would face have not yet been decided.
Clancy’s first trial ended in a hung jury on 4 September after jurors failed to reach a unanimous verdict over the deaths of five-year-old Cora, three-year-old Dawson and eight-month-old Callan.
The children were killed at the family’s home in Duxbury, Massachusetts, on 24 January 2023. Clancy’s lawyer acknowledged that she had killed them, but she pleaded not guilty to first-degree murder on the grounds that she was not criminally responsible.
The defence argued that Clancy had been overmedicated and was suffering from postpartum psychosis. Prosecutors maintained that she knew the difference between right and wrong and had planned to strangle her children.
Possible retrial for Lindsay Clancy
At a hearing in Plymouth Superior Court, prosecutor Jennifer Sprague said the Commonwealth was preparing for another trial, although prosecutors had yet to determine whether to pursue first-degree murder, lesser charges or no charges.
“This would be a retrial,” Ms Sprague told Judge William Sullivan, adding that prosecutors had not decided “how that will look”.
She asked the judge not to set a trial date until he had ruled on outstanding motions. Defence lawyer Kevin Reddington objected to the delay, saying he needed to know whether his client would face three first-degree murder charges or a lesser case.
“Why do we not know if the next trial is going to be murder in the first degree or a lesser charge or no charge?” Mr Reddington said.
He also raised concern that Judge Sullivan was approaching retirement and said he wanted him to preside over the next trial. “I am not going to have this woman sit incarcerated for the next year, or two, or three,” Mr Reddington said. “I want a trial. And I want it with you, and I want it this spring.”
Judge Sullivan said he was leaning towards March. The timing is expected to be discussed at the next hearing, scheduled for 16 November.
If prosecutors pursue second-degree murder charges, Clancy could have the option of choosing a jury trial or asking a judge to decide the case.
Gag order and holdout juror dispute
Prosecutors also asked the court to impose a gag order, arguing that statements made by Mr Reddington had been calculated to influence public opinion and could affect the jury pool in a retrial.
Ms Sprague said moving the trial would not resolve the issue because the case had received widespread attention. She said prosecutors had avoided inflammatory public comments and had generally responded with “no comment”.
The defence opposed the request. Lawyer Laura McConnell said Clancy had not given interviews and that Mr Reddington was acting as her voice. Judge Sullivan reserved his decision after the three-hour hearing.
The judge also did not rule on a defence request to preserve records relating to the juror who opposed a not-guilty verdict. Eleven jurors favoured acquittal, while one juror believed Clancy was guilty.
Mr Reddington alleged that the holdout juror had looked at his phone during deliberations and had failed to disclose an abuse prevention order and a 2021 arrest on his jury questionnaire. He also referred to the juror by name, prompting a tense exchange with Judge Sullivan.
“I’m going to stop you right there,” the judge said.
“No. You’re not going to stop me,” Mr Reddington replied.
“I am,” Judge Sullivan said, adding that there was no need to identify the juror publicly.
Heather O’Connor, who represents the juror, said the defence had been given the opportunity to question him before he joined the jury but had asked only two questions before accepting him.
She said notes sent by jurors to the judge during deliberations did not refer to inappropriate phone use, outside information or a refusal to deliberate. The only allegation of misconduct before the mistrial, she said, had come from the defence.
“We are here because Juror Doe did not vote the way the defence needed,” Ms O’Connor said, arguing that a disagreement in the jury room should not lead to one juror’s phone and personal records being investigated.
Clancy remains in custody at Tewksbury State Hospital under psychiatric care. She is paralysed and uses a wheelchair after jumping from a window on the night her children were killed.
