A March 2027 retrial remains possible as parties await rulings
At a Monday hearing, Judge William Sullivan scheduled a Nov. 16 session to rule on motions that could determine how a possible Lindsay Clancy retrial would proceed. The motions include the defense request to dismiss the first-degree murder charges and an argument that the mistrial should not have been declared. Sullivan said a retrial could occur as soon as March 2027, and the parties may discuss dates after his rulings.
At Monday’s hearing, defense attorney Kevin Reddington asked Sullivan to rule on the dismissal request and on the argument that a mistrial should not have been declared. At the Nov. 16 session, the parties will hear his rulings and could then discuss retrial dates.
Defense attorney Kevin Reddington pushed Sullivan to set a spring trial. Reddington said, “I am not going to have this woman sit incarcerated for the next year or two or three.” He continued: “I want a date and I want it this spring.”
Prosecutor Jennifer Sprague said she wanted to hear Sullivan’s rulings on Monday’s arguments before the prosecution committed to a new date or specifics for a potential retrial. When Sullivan asked how prosecutors planned to proceed, Sprague responded: “This would be a retrial - as to what that looks like will depend”.
BBC News reported that Sprague’s response appeared to frustrate Reddington. He asked: “Why do we not know if the next trial is going to be murder in the first degree or a lesser charge, why do they need to wait for the motions? I need to know logistically.”
Massachusetts prosecutors did not say on Monday whether Clancy would face the same charges or amended charges in a retrial. Prosecutors could decide to bring lesser charges against Clancy in a retrial, including second-degree murder, which applies to unlawful killings committed with malice or extreme recklessness but without prior planning.
Much of Monday’s discussion focused on Juror Doe, the holdout juror, and the defense’s investigation into him. Juror Doe disagreed with the other jurors, who appeared to want to find Clancy not guilty by way of insanity. The lack of agreement led to the hung jury and mistrial.
During the three-hour hearing, Reddington requested extensive evidence, including Juror Doe’s phone and phone records.
Heather O’Connor, the attorney representing Juror Doe, said she was in court because Clancy’s defense team had “combined several allegations” to argue that a mistrial should not have been declared. Sullivan said he would rule on the motion arguing that the mistrial should not have been declared, along with the other motions, in a few weeks.
Clancy was charged with three counts of first-degree murder, described as the intentional and premeditated killing of another person, and faced a weekslong trial on those charges over the summer. The 12-person jury failed to reach a verdict in early September, producing a hung jury and mistrial.
Clancy does not deny killing her children, but her defense team argues that she was suffering from severe postpartum psychosis at the time. Prosecutors claim the killings were intentional.
BBC News reported that Massachusetts prosecutors had given their clearest indication yet that they planned to retry Clancy for the murder of her three children in 2023. District Attorney Timothy Cruz had not confirmed that Clancy would face a retrial and had not announced future plans for the case.