A Massachusetts judge will hear Lindsay Clancy’s request to dismiss murder charges Monday, a decision that could determine whether prosecutors retry her over the deaths of her three children.
Reuters reported that jurors in Clancy’s first trial could not reach a verdict, prompting Judge William Sullivan to declare a mistrial Sept. 4. Clancy’s lawyers contend double jeopardy bars prosecutors from trying her again. Defense lawyers say jury notes indicated that the holdout was not applying the reasonable-doubt standard despite the judge’s instructions. They argue Sullivan should have questioned the juror or considered removing them.
Prosecutors asked Sullivan in a filing last week to deny the dismissal request. At a Sept. 29 hearing, he told both sides to be ready to discuss a possible retrial date Monday. Reuters reported that the district attorney’s office had not publicly detailed its plans.
The charges concern the Jan. 24, 2023, deaths of Clancy’s daughter Cora, 5, son Dawson, 3, and son Callan, 8 months. Reuters reported that no one at the first trial disputed that Clancy strangled the children with exercise bands. Her lawyers argued she was experiencing postpartum psychosis and was not criminally responsible. Some jurors later said in televised interviews that they would have supported an insanity finding if not for one holdout, Reuters reported.
Prosecutors could retry the first-degree murder charges or seek a second-degree verdict, which could allow Clancy to waive a jury and have a judge decide the case. Reuters reported that a first-degree conviction carries mandatory life without parole, while parole may be possible after a second-degree conviction. Sullivan’s Monday hearing is also expected to address the timing of a potential retrial.
