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Massachusetts judge orders new trial for Lindsay Clancy

A Massachusetts judge rejected double jeopardy claims, allowing prosecutors to retry the woman accused of killing her three children after a September jury deadlock.

By Julia Wang ·

Illustration for: Massachusetts judge orders new trial for Lindsay Clancy
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Judge William Sullivan of Massachusetts has ruled that prosecutors may retry Lindsay Clancy for the 2023 murder of her three children. The decision, issued on Monday, denies a motion to dismiss the case, effectively ending a legal challenge that sought to stop a second trial based on double jeopardy principles. The ruling comes after a 26-day trial in September ended in a mistrial when a 12-person jury failed to reach a verdict on September 4.

Clancy has not disputed the facts of the killings. Her defense team, however, argues she suffered from severe postpartum psychosis at the time. Prosecutors maintain the acts were intentional. The defense contended that Sullivan acted prematurely by declaring a mistrial without exploring other options first. They argued this premature action should bar a retrial.

In his written ruling, Sullivan stated that a retrial does not unconstitutionally subject Clancy to double jeopardy. He noted that while mistrials incur human and financial costs, courts should not interfere with jury deliberations to avoid them. Sullivan acknowledged that the risk of an unreasonably stubborn or eccentric juror is inherent in the system. He concluded that the jury deadlock created a manifest necessity for the mistrial, preserving Clancy's right to a fair process without violating double jeopardy protections.

Sullivan also denied a separate motion to review the records of the single juror who held out against a verdict. The defense had sought to question this juror under oath. The judge ruled that the defense failed to prove these records were necessary for a potential retrial. He further stated that questioning the juror would have been impermissibly coercive.

The case has drawn national attention since the initial proceedings, focusing public interest on postpartum mental health and psychosis. With the dismissal motion denied, prosecutors now hold the option to reduce charges for a second trial or dismiss them entirely. Sullivan has scheduled a hearing for November 16 to discuss the timeline for this potential second trial. He previously suggested that the new trial could begin in March.

The next step in the legal process is the November 16 hearing. This session will determine the specific dates for jury selection and trial proceedings if prosecutors choose to proceed. The outcome of that hearing will set the calendar for the next phase of the case in Massachusetts.

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