PLYMOUTH, Mass. — A former member of Karen Read’s defense team now represents Lindsay Clancy as her attorneys pursue a potential double jeopardy challenge after her recent mistrial.
According to court records, attorney Martin Weinberg has joined Clancy’s legal team and will focus on whether double jeopardy protections could prevent a retrial.
Weinberg is familiar with high-profile mistrial cases. In 2024, he argued before the Massachusetts Supreme Judicial Court on behalf of Karen Read after her first murder trial ended without a verdict, raising legal questions about whether some charges could be retried.
Criminal defense attorney Elyse Hershon, who is not involved in the Clancy case, said adding Weinberg signals that Clancy’s legal team is preparing for a potentially lengthy appellate battle.
“If they are successful in filing an appeal, it has to go up through the Massachusetts state court first before they could even ask federal courts to interject,” Hershon said. “Essentially, if double jeopardy attaches and they’re successful, they’re not going to be able to go to a retrial. It would end the whole case.”
The double jeopardy clause protects defendants from being tried twice for the same offense under certain circumstances. Clancy’s attorneys are expected to argue that legal issues stemming from her mistrial should prevent a retrial.
Clancy and her legal team are scheduled to return to court later this month as the case moves forward.
Meanwhile, MassLive reports that the Plymouth Superior Court judge who presided over Clancy’s first trial has ordered juror questionnaires to remain sealed. The ruling is intended to protect both jurors who served on the panel and prospective jurors who were considered during the selection process.
Clancy’s case, which has drawn intense public attention across Massachusetts, is due back in court on Sept. 29.
Boston 25 News will continue to follow developments and provide updates as new court proceedings unfold.
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