Lindsay Clancy Back in Court: Judge Weighs Bid to Dismiss Charges, Gag Order and a Possible Retrial

Lindsay Clancy, the Duxbury, Massachusetts, mother accused of killing her three young children in January 2023, is due back in Plymouth County Superior Court on Monday for a hearing that could shape whether her case goes to a second trial at all.

Her first trial ended in September with a deadlocked jury and a mistrial. Since then, the defense has asked Judge William Sullivan to throw out the charges, prosecutors have asked him to reject that request and to impose a gag order, and the judge has told both sides to be ready to talk about a new trial date. As of Monday morning, no rulings from the hearing had been reported.

Lindsay Clancy: where the case stands

Clancy, 36, has pleaded not guilty to three counts of first-degree murder in the deaths of her children, Cora, 5, Dawson, 3, and Callan, 8 months. Her defense at trial argued that she was experiencing postpartum psychosis at the time, according to NBC News and the BBC. Prosecutors have argued she was aware of her actions and planned them in advance.

The jury reported being deadlocked several times before Judge Sullivan declared a mistrial. According to the New Haven Register, jurors split 11-1 in favor of finding her not guilty by reason of insanity. A juror who has publicly identified himself as Michael Desronvil has said he was the lone holdout and that he had no doubts about her guilt. Other jurors have said the holdout did not follow the reasonable-doubt standard, NBC News reported.

The Associated Press noted that prosecutors still have not announced whether they will retry Clancy. Their options include another trial on first-degree murder charges, pursuing lesser charges such as second-degree murder or manslaughter, or dropping the case.

Lindsay Clancy trial: the three issues before the judge

According to ABC News, three main issues were set for Monday’s hearing.

1. The motion to dismiss. Defense attorneys Kevin Reddington and Martin Weinberg argue that the judge did not fully examine whether the holdout juror followed the court’s instructions, that a mistrial was not necessary at that point, and that trying Clancy again would amount to double jeopardy. Prosecutors respond that the mistrial was “properly declared” after repeated deadlock reports, and that questioning the holdout further would have risked “judicial coercion” and an improper intrusion into private deliberations. Judge Sullivan earlier denied a defense request for an evidentiary hearing about the holdout, writing that further inquiry into a juror’s reasoning would be inappropriate. The defense is still asking to preserve juror records and examine the juror’s phone records, ABC and NBC reported.

2. A gag order. Prosecutors want to bar lawyers and law enforcement involved in the case from speaking to the media, arguing it is needed to “prevent the carnival atmosphere” of the first trial and protect any future jury pool. Defense attorney Laura McConnell called the concerns speculative, writing that “there is no venire, no jury, and no trial date.”

3. A new trial date. At a Sept. 29 hearing, Judge Sullivan said he wanted the case to “move forward if it has to move forward” and asked both sides to be ready to pick a date. Both the defense and prosecutors said then that they would prefer to wait for rulings on the post-trial motions first.

NBC News also reported that the defense may argue for reduced charges as an alternative, which could open the door to a bench trial (a trial decided by a judge) instead of a second jury trial.

What could happen next

A criminal defense lawyer interviewed by the BBC said the judge could rule from the bench on Monday or issue written decisions later, and that it is likely he will push both sides to block out several weeks on the court calendar even before the district attorney decides how to proceed. Plymouth County District Attorney Timothy Cruz said in September that his office was conducting “a very thorough review” of whether to retry the case.

Until prosecutors announce otherwise, the three first-degree murder charges remain pending.

Outside the courtroom

The case has drawn intense public attention. NBC News reported that online theories have wrongly tried to blame Clancy’s former husband, Patrick Clancy, who testified for the prosecution; his lawyers have called those claims a “campaign of misinformation.” Reddington has said Clancy rejects those theories. Patrick Clancy has also filed a civil suit against her doctors, alleging that misdiagnoses and medications worsened her condition, according to NBC.

Reddington told NBC News in September that Clancy remains under round-the-clock watch in custody.

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