PLYMOUTH, Mass. — Nearly a month after a mistrial was declared in the murder case against Duxbury mother Lindsay Clancy, attorneys are set to return to court Tuesday for a status hearing that could shape the future of the high-profile case.
The hearing comes as prosecutors have yet to reveal whether they plan to retry Clancy in connection with the deaths of her three children.
Clancy’s defense team has filed motions seeking to terminate the case, including a double jeopardy motion aimed at dismissing the charges altogether.
The requests follow a trial that ended in a mistrial after seven days of jury deliberations.
Prosecutors also filed a motion in court Tuesday morning, asking the courts to impose a gag order on the parties following Attorney Kevin Reddington’s media interviews. They have also filed an opposition to Reddington’s motions.
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During deliberations, jurors sent a note indicating that 11 of the 12 jurors had reached a unanimous verdict, but one juror remained a holdout, preventing a final decision.
The lone holdout juror in the trial has since opened up about his decision not to join the majority, saying “he had no doubts about her guilt.”
Defense attorney Kevin Reddington is seeking additional information related to that juror. Court filings show the defense wants the juror’s cell phone records preserved and is also requesting that juror questionnaires be retained.
Boston criminal defense attorney Elyse Hershon said the defense is expected to focus heavily on the role Clancy’s mental health played in the case.
“The prosecution’s own experts said that Lindsay Clancy was suffering from mental illness,” Hershon said. “They did recognize that she was suffering from mental health issues.”
Hershon noted that the defense could argue those mental health conditions are inconsistent with a first-degree murder conviction under Massachusetts law.
Last week, Plymouth Superior Court Judge William F. Sullivan extended orders keeping key juror records sealed, citing ongoing concerns about juror safety and privacy.
Clancy, a former labor and delivery nurse, doesn’t deny strangling her children in the basement of their home in January 2023. Her attorney argues that postpartum psychosis led to her actions, while prosecutors say she knew what she was doing when she killed Cora, Dawson, and Callan Clancy, ages 5, 3, and 8 months.
Clancy carried out a suicide attempt immediately after the killings, cutting her wrists and neck before jumping from a second-story window. The injuries left her paralyzed from the waist down.
She remains under 24-hour supervision at Tewksbury State Hospital.
This is a developing story. Check back for updates as more information becomes available.
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