The district attorney in Plymouth County, who is typically not inclined to negotiate, may have a different approach in the case of Lindsay Clancy, according to a seasoned defense attorney he’s worked with before. Clancy, 36, is facing three counts of first-degree murder related to the tragic deaths of her three young children—Cora, Dawson, and Callan—who were discovered strangled in their home in January 2023.
Recently, a mistrial was declared by Judge William Sullivan when jurors could not reach a unanimous decision, reportedly ending with an 11-1 split. Peter Elikann, a Boston-based criminal defense attorney familiar with the Plymouth County District Attorney’s Office, mentioned their notorious reluctance to negotiate deals. “This could certainly be an exception,” he said, adding that it could be difficult to convince a jury of twelve that Clancy committed first-degree murder.
Elikann further elaborated that, given the split in opinions among jurors, it might be challenging for the DA to secure a conviction should the case be retried. He suggested that the DA might benefit from discussing potential resolutions with the defense team instead of pursuing a full trial, which could be uncertain in terms of outcomes.
After the mistrial, District Attorney Timothy Cruz indicated that he hasn’t arrived at a definitive conclusion regarding retaking Clancy to trial, stating, “There will be no decisions made today regarding that.” Meanwhile, one juror revealed that the dissenting member struggled to provide substantial evidence or argument to support his position, prompting the jury to ultimately communicate their deadlock to the court.
Clancy’s attorney, Kevin Reddington, expressed a hope for a potential compromise, discussing with Cruz about possibly working something out together. Reddington also filed a motion for the court to rule Clancy not guilty by reason of a lack of criminal responsibility, with the hearing scheduled for September 29. He noted that a hung jury wouldn’t terminate the jeopardy and usually allows for retrials.
Assessing the situation, Reddington mentioned that out of the twelve jurors, eleven adhered to the reasonable doubt standard, while the single holdout seemed to disregard any uncertainties regarding Clancy’s culpability. Retired Judge Jack Lu expressed skepticism about the likelihood of a deal being reached, despite suggesting that it would be wise for both sides to consider it. Looking forward, Clancy is expected to appear back in court on September 29, which should provide further clarity on the future of her case.
