Lindsay Clancy’s possible retrial could begin as soon as March, but a Massachusetts judge left her double-jeopardy dismissal request unresolved, leaving the prosecution’s next step contingent on a court ruling.
At a Nov. 2 hearing in Plymouth Superior Court, prosecutors said they intend to try Clancy again if the case proceeds. They have not decided whether to pursue first- or second-degree murder charges. The Associated Press and CBS News reported that Judge William Sullivan discussed March as a possible start; no trial date has been set.
Clancy’s defense is asking Sullivan to dismiss the case on double-jeopardy grounds, arguing another trial should not follow the mistrial. In its opposition memorandum, the Commonwealth argued the court properly declared a mistrial after the jury reported it was deadlocked and that prosecutors may continue the case. Sullivan did not rule on the motion at the hearing. EconoTimes previously covered Clancy’s bid to dismiss the charges.
Boston 25 News reported that the next hearing is set for Nov. 16 at 9 a.m. EST (14:00 UTC), when the court is expected to address pending motions and choose a trial date.
Clancy’s first trial ended in a mistrial Sept. 4 after jurors could not reach a verdict. The Associated Press attributed the reported split to jurors’ accounts: 11 supported a finding that Clancy was not criminally responsible, while one favored conviction. Her defense argued postpartum psychosis meant she was not criminally responsible; prosecutors said she acted deliberately and understood her actions were wrong.
The Plymouth County District Attorney’s Office said Cora, 5, Dawson, 3, and Callan, 8 months, were found at their Duxbury, Massachusetts, home after an emergency call on Jan. 24, 2023. The office said Cora and Dawson were taken to a hospital and pronounced dead, while Callan died after several days of hospitalization.
