Lindsay Clancy could face retrial as separate legal battle intensifies

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PLYMOUTH, Mass. — Prosecutors are pushing back against efforts to prevent Lindsay Clancy from being retried on murder charges following a mistrial last month.

Prosecutors are asking a judge to reject an effort by Clancy’s defense to block another trial on the grounds of double jeopardy, arguing that the prosecution has the right to seek justice on behalf of Clancy’s three children, Cora, Dawson, and Callan, who were killed at their Duxbury home in January 2023.

In a new filing this week, Plymouth Assistant District Attorney Jennifer Sprague wrote, “The Commonwealth submits that the court properly declared a mistrial due to the manifest necessity after the jury had twice reported that it was deadlocked following due and thorough deliberation. As such, double jeopardy does not operate to bar the Commonwealth from seeking justice on behalf of the three victims.”

Clancy is due back in court Monday for hearings on several issues stemming from the mistrial.

The criminal case is unfolding as doctors who treated Clancy seek to have a lawsuit filed against them by her ex-husband, Patrick Clancy, dismissed.

Patrick Clancy alleges his three children, Cora, Dawson and Kaylin, would likely still be alive if Lindsay Clancy had received adequate care.

During a hearing Wednesday, an attorney representing the doctors argued that no evidence supports that claim.

“There is no allegation that Mrs. Clancy ever made an explicit threat to kill or to injure her children to any of the defendants,” attorney Timothy Sweetland told the court.

An attorney for Patrick Clancy pushed back, arguing that the doctors recognized a potential danger to the children.

“These doctors understood there was a real threat to the children,” Patrick’s attorney Howard Cooper told the court. “They asked about it and exactly what they asked about and foresaw and were worried about tragically came to be.”

Patrick Clancy’s attorney also told the judge that Lindsay Clancy would testify that she told doctors about homicidal thoughts and concerns involving the children.

Lindsay Clancy’s attorney, Kevin Reddington, disputed that assertion in a statement.

“Mr. Clancy’s counsel does not speak for Lindsay Clancy,” Reddington said.

The litigation over Clancy’s medical treatment is separate from the criminal proceedings against her.

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