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Lindsay Clancy murder case: Judge denies her motion to dismiss after mistrial

Rick Sobey, Boston Herald on

Published in News & Features

BOSTON — Lindsay Clancy has lost her bid to toss her triple murder case, as a judge ruled that a retrial can move forward.

Clancy, who’s accused of killing her three children, was trying to dismiss the murder charges after her Plymouth County trial ended in a mistrial in early September.

Her attorneys were trying to toss the case on double jeopardy grounds, arguing that a mistrial shouldn’t have been declared. They argued that Judge William Sullivan did not make an individual inquiry of the single holdout juror, who they claim wasn’t following the law.

But Sullivan on Monday denied the motion to dismiss.

“Because the Court concludes that there was a manifest necessity for a mistrial based on the jury’s deadlock, a retrial on the murder indictments does not violate Clancy’s right not to be placed in double jeopardy,” the judge wrote.

“The Court understands the frustration of the defendant and the jurors that despite the utmost diligence, the jury was unable to reach a verdict in this emotionally grueling and complicated case,” Sullivan wrote.

Clancy is accused of killing her three children, Cora, 5, Dawson, 3, and Callan, eight months, in January of 2023 before trying to kill herself in a suicide attempt that left her paralyzed.

Clancy’s defense attorney Kevin Reddington argued that she was suffering from postpartum psychosis when she strangled the children and couldn’t be held criminally responsible.

 

In addition to the judge denying the motion to dismiss on Monday, he also rejected Clancy’s bid to preserve juror records and for an inquiry into the holdout juror.

“In the Court’s view, Clancy is not entitled to any of the materials sought in this motion,” the judge wrote.

“The requested evidence is not material to Clancy’s motion to dismiss the indictments on double jeopardy grounds because misconduct by a deliberating juror that came to light only after the court declared a mistrial is not relevant to whether there was manifest necessity for the mistrial,” Sullivan later added.

The lone juror who blocked Clancy from being acquitted — identified in filings as Juror Doe — has since spoken publicly following the mistrial, stating in a recent national television interview that he was influenced by how “methodical” he thought the Duxbury mother was while killing her three children.

That juror, Michael Desronvil, said he had no doubt Clancy was guilty, telling Fox News Channel’s “Fox & Friends” that he was struck by her “thought process” during the killings.

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