PLYMOUTH, Mass. (TCN) — Lindsay Clancy, accused in the 2023 deaths of her three children, appeared in court Nov. 2 for a hearing to determine whether she will be retried.
Clancy’s widely publicized murder trial ended in a mistrial on Sept. 4 after the jurors failed to reach a unanimous verdict; they were split 11-1 that she was not guilty by reason of insanity.
Clancy, 36, admitted to strangling her children — 5-year-old Cora, 3-year-old Dawson, and 8-month-old Callan — with exercise bands before attempting suicide in January 2023. She and her defense attorney, Kevin Reddington, argued she was not criminally responsible due to postpartum psychosis; prosecutors say she was not psychotic and sent her husband out of the home on an errand so she could kill the three children.
During the Nov. 2 hearing on whether she’ll be retried, both Clancy’s team and the prosecution argued several motions that the judge will rule on at the next hearing, which is scheduled for Nov. 16, according to NBC News.
Clancy’s team bid to have her charges dismissed. They argued against a retrial on double jeopardy grounds and said the lone holdout juror should have been questioned about his reasoning for not voting with the other jurors, per NBC.
The prosecution requested that the judge reject Clancy’s motion to dismiss charges, arguing they are seeking justice for Cora, Dawson, and Callan Clancy. The judge suggested a second trial could be held in March 2027.
CBS News reports that prior to the Nov. 2 hearing, one of Clancy’s civil attorneys told the outlet she is still on suicide watch. The attorney, Rosemary Scapicchio, said, “She doesn’t want to be here. … She wants to be with her children.… And if given the opportunity, I have no doubt in my mind at all that she would take her own life.”
People reports Clancy is in custody at Tewksbury Hospital.
MORE:
