Prosecutors say they intend to retry Lindsay Clancy for the deaths of her three children, though they have not yet decided what charges to pursue.
At Clancy’s first trial, her attorney, Kevin Reddington, acknowledged that she killed 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan at their home in Duxbury, Massachusetts, in January 2023. Clancy pleaded not guilty to first-degree murder. Her defense argued that she was not criminally responsible because she was overmedicated and experiencing postpartum psychosis.
Prosecutors argued that Clancy understood the difference between right and wrong and had planned the killings. They also said she arranged for her husband to leave the house that evening by asking him to pick up medication for one of the children and dinner for the family.
The first trial ended in a mistrial on Sept. 4, after the jury failed to reach a unanimous verdict. One juror favored conviction, while the other 11 jurors did not believe Clancy was guilty of murder.
Reddington later argued that there was insufficient evidence to prove Clancy killed the children. In a separate civil lawsuit, however, her lawyers said she had admitted to the killings.
At a hearing Monday in Plymouth Superior Court, prosecutor Jennifer Sprague said the state would likely seek a second trial. She said prosecutors had not settled on the charges and did not want to set a trial date before the judge ruled on pending motions.
Reddington pressed for clarity, asking whether Clancy would again face first-degree murder charges, lesser charges or none. He also said he wanted Judge William Sullivan to oversee the trial, noting that Sullivan is nearing retirement.
If prosecutors pursue second-degree murder charges, Clancy could choose between a jury trial and a trial decided by a judge. Reddington said he wanted the case to proceed this spring and objected to Clancy remaining in custody for another year or longer.
Sullivan said March seemed like a realistic possibility for a retrial. The timing is expected to be discussed at the next hearing, scheduled for Nov. 16.
Sprague also asked the court to issue a gag order, arguing that Reddington had made calculated public comments that could influence potential jurors. Defense attorney Laura McConnell opposed the request, saying Reddington had become Clancy’s public voice because Clancy had not given interviews. Sullivan did not rule on the motion.
Reddington also asked the court to preserve records concerning the juror who blocked a unanimous verdict, referred to in court as “Juror Doe.” He alleged the juror had not been candid on his jury questionnaire, including about an abuse prevention order and a 2021 arrest. Reddington further claimed the juror used his phone during deliberations.
Sprague urged the judge to reject the request, warning that it could lead to scrutiny of the conduct and statements of all the jurors. Sullivan did not issue a ruling on that motion either.
During the hearing, Sullivan stopped Reddington from naming the juror in court. Reddington responded that the juror’s identity was already widely available online and said the juror had received extensive media attention.
Clancy remains in custody at Tewksbury State Hospital, where she is receiving psychiatric care. She is paralyzed and uses a wheelchair after jumping from a window on the night her children died.
