Lindsay Clancy seeks evidentiary hearing over juror influence, double jeopardy claims

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PLYMOUTH, Mass. — Lindsay Clancy’s attorneys are asking a judge to allow witnesses to testify at a key hearing next month as they fight a possible retrial in the Duxbury mother’s murder case.

In a new motion filed Oct. 7, Clancy’s attorney, Kevin J. Reddington, asked Plymouth Superior Court Judge William Sullivan to allow testimony at a hearing scheduled for Nov. 2. If Sullivan denies that, the defense wants the hearing postponed until witnesses can testify.

The request ties to Clancy’s claims of possible outside influence on the jury and her argument that retrying her would violate double-jeopardy protections. Earlier this month, Sullivan denied a defense motion for a required finding of not guilty.

Clancy’s defense says the court cannot decide those questions based on court filings alone. Her attorneys want to present sworn statements and live testimony, including evidence about what happened with the jury before the mistrial was declared.

The defense argues that Sullivan should have questioned the jury foreperson further about a note that preceded the mistrial. Attorneys say additional questioning could have helped determine whether other options were available instead of ending the trial.

That note indicated that 11 of the 12 jurors had reached a unanimous verdict, but one juror remained a holdout. That holdout juror believed Clancy was guilty of the January 2023 killings of her three children.

The filing came after Reddington asked the court whether it would take evidence on Nov. 2. An assistant clerk responded that, after speaking with Sullivan, the judge did not intend to take evidence that day based on what had been filed.

The defense says it plans to seek appellate review before any retrial if the court denies Clancy’s double-jeopardy motion without an evidentiary hearing.

During trial, Reddington argued Clancy shouldn’t be held criminally responsible because she was suffering from postpartum psychosis at the time of the deaths of her children. The prosecution contended she planned the killings and understood the wrongfulness of her actions.

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