Lindsay Clancy's future uncertain as judge refuses to dismiss murder charges over deaths of her three children
A Massachusetts judge has refused to dismiss the murder charges against Lindsay Clancy, whose trial ended in September without a verdict.
Judge William Sullivan rejected a double jeopardy motion from her defense team in a memorandum of decision filed Monday.
Prosecutors have yet to say whether they will pursue the same murder charges or a reduced one, and no retrial date has been set. The next hearing is November 16.
The lawyers had argued that a mistrial should never have been declared in September when jurors could not reach a unanimous verdict.
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The judge turned down a further request to investigate Michael Desronvil, the lone juror who wanted to convict Clancy. Her attorney Kevin Reddington had urged the court last week to look into Desronvil, accusing him of being untruthful on his jury questionnaire and improperly using his cellphone during deliberations.
The defense also sought confidential records and the juror's cellphone data.
"Because Clancy has failed to demonstrate that the requested evidence is relevant and material to her defense at any retrial of the murder indictment, the Court declines to exercise its discretion to order production," Sullivan wrote, per the Daily Mail.
He added: "Nor can the Court perceive any valid justification for examining Juror Doe under oath at this point in the proceedings."
Can Lindsay Clancy be retried?
The defense contended the judge should have removed the one juror who favored conviction and allowed deliberations to continue.
Sullivan disagreed. "Because the court concludes that there was manifest necessity for a mistrial based on the jury's deadlock, a retrial on the murder indictments does not violate Clancy's right not to be placed in double jeopardy," he wrote.
Another of Clancy's lawyers argued in court last week that the mistrial could have been avoided had the judge questioned jurors more thoroughly after the foreperson sent two notes saying the holdout wasn't following the court's instructions on reasonable doubt.
Sullivan had spoken with each juror after those notes arrived, explaining what constitutes reasonable doubt, and all said they could apply the law.
Desronvil said in a recent interview with FOX that he was certain of Clancy's guilt but that other jurors would not listen.
His lawyer, Heather O'Connor, argued he had simply done his duty and disputed the cellphone allegations, saying jurors were allowed to keep their phones.
What was Lindsay Clancy's defense at trial?
Clancy, 36, went on trial over the summer over the January 2023 deaths of her three children - Cora, five, Dawson, three, and eight-month-old Callan - at the family home in Duxbury, Massachusetts. She has not disputed killing them but pleaded not guilty by reason of insanity.
Her lawyer argued she had been suffering from postpartum psychosis and was unable to control her behavior. Prosecutors said she acted deliberately and understood her actions were wrong.
Sullivan also denied a prosecution request for a gag order limiting the defense's public statements about the case, jurors and deliberations. Reddington gave interviews during the trial, while prosecutors generally did not speak to reporters.
The judge said prosecutors could renew the request 'if circumstances change and it can demonstrate that a prior restraint is necessary'.
UNILAD has contacted Kevin Reddington, Plymouth County District Attorney's Office and Heather O'Connor for comment.
Topics: Lindsay Clancy, True crime, Massachusetts
Thomas Bamford
