Lindsay Clancy’s attorney says he’s going to ask for case to be thrown out after hearing from jurors
Lindsay Clancy’s Attorney Seeks Dismissal After Mistrial
Wertynews.com – Lindsay Clancy’s attorney says he plans to ask a judge to dismiss the criminal case after her murder trial ended in a mistrial without a unanimous jury verdict.
Defense attorney Kevin Reddington said he expects to file the motion at a Sept. 29 status hearing. He will argue that a second trial would violate double-jeopardy protections because the mistrial was not required by what the law calls “manifest necessity.”
“It will be a motion to dismiss based on what’s called double jeopardy grounds, because there’s no … manifest necessity,” Reddington said.
Jury Could Not Reach a Unanimous Verdict
The trial ended in a mistrial on Sept. 4 following more than seven days of deliberations. Jurors could not agree on a final outcome.
Clancy faces charges connected to the deaths of her three children — 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan — at the family’s Duxbury, Massachusetts, home on Jan. 24, 2023.
Her defense argued that she was overmedicated and experiencing postpartum psychosis, making her not criminally responsible. Prosecutors argued that she planned the killings and understood the difference between right and wrong.
The jury had five possible verdicts to consider: not guilty by reason of insanity, not guilty, first-degree murder, second-degree murder or manslaughter. None received the unanimous support needed for a verdict.
During deliberations, the foreperson told Judge William Sullivan that one juror was not following instructions about reasonable doubt. The jury was reportedly divided 11 to 1, though a juror later said firm opinions existed on more than one side of the case.
Defense Challenges the Mistrial Decision
Lindsay Clancy’s attorney says the central issue is not whether a juror may be a holdout. Reddington has said jurors are entitled to maintain an honest view of the evidence, even when they stand alone.
Instead, the defense argues that the court should have taken additional steps after receiving the foreperson’s note. Reddington said the note suggested the juror recognized reasonable doubt but was not applying it as required by the judge’s instructions.
“I would defend that person’s right to be a holdout for a month. That’s what the system is about,” Reddington said.
The defense asked to remove the juror and later sought further questioning of the panel. Sullivan denied both requests before declaring a mistrial.
A mistrial caused by a deadlocked jury usually permits prosecutors to retry a defendant. However, Lindsay Clancy’s attorney says the court should find that this mistrial did not meet the legal threshold necessary to allow another prosecution.
What Happens Next in Massachusetts?
If the judge grants the defense motion, Clancy could not be tried again on the same charges. If the motion is denied, Plymouth County prosecutors could seek a new trial.
Plymouth County District Attorney Tim Cruz has not announced whether prosecutors will pursue a retrial. No plea agreement has been announced.
FAQ
Why did the Lindsay Clancy trial end in a mistrial? The jury deliberated for more than seven days but could not reach a unanimous verdict on any of the available outcomes.
What is double jeopardy? Double jeopardy is a constitutional protection that can prevent someone from being prosecuted again for the same offense. A hung-jury mistrial often allows a retrial, but the defense plans to argue that the circumstances here should bar one.
Where will the next hearing take place? Reddington said he plans to file the dismissal motion at a Sept. 29 status hearing in the Massachusetts case.