Judge Rejects Lindsay Clancy’s Double Jeopardy Claim

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Lindsay Clancy’s hopes of avoiding another murder trial were dashed on Monday after Judge William Sullivan denied her bid to dismiss the triple murder charges against her. Clancy is accused of murdering her three young children in January of 2023. Sullivan also issued two other major rulings in the polarizing Massachusetts criminal case.

Sullivan filed all three decisions on Nov. 9, rejecting two defense motions and one filed by prosecutors following the September mistrial. The largest ruling was Clancy’s attempt to have the murder charges dismissed on double jeopardy grounds. Attorney Marty Weinberg argued that Sullivan should have investigated or potentially removed the lone holdout juror rather than declaring a mistrial after the panel deadlocked.

As Los Angeles previously reported, the jury deliberated for more than 38 hours over seven days before Sullivan declared a mistrial Sept. 4. The panel was reportedly split 11-1, with the majority favoring a finding that Clancy was not criminally responsible.

Sullivan rejected the defense’s argument, stating that the deadlock created a legal necessity for a mistrial and that retrying Clancy would not violate her constitutional rights. He also found that questioning the lone holdout during deliberations could have improperly pressured that juror to change their position.

In a separate ruling, Sullivan denied the defense’s request to further investigate the holdout juror, including allegations that the juror failed to truthfully share information on a questionnaire and improperly used a cellphone during deliberations. Kevin Reddington asked for confidential juror records and cellphone information, but Sullivan ruled against it.

Sullivan also denied the Commonwealth’s request for a gag order restricting defense attorneys’ public statements. They had argued that comments made by Clancy’s attorney, Kevin Reddington, risked influencing potential jurors in a future trial.

Sullivan determined that prosecutors had not demonstrated a serious threat to justify a gag order. However, he denied the motion without prejudice, meaning prosecutors could renew the request if any circumstances change.

Clancy, 36, is accused of killing her three children, Cora, 5, Dawson, 3, and Callan, 8 months, inside the family’s Duxbury home on Jan. 24, 2023. Her defense has maintained that she was suffering from postpartum psychosis and is not criminally responsible for their deaths. Prosecutors maintain she understood her actions and knew they were wrong.

The September mistrial left the case unresolved, and prosecutors have not publicly announced whether they will pursue the same first-degree murder charges or consider lesser charges in a second trial.

Attorneys for both sides are scheduled to return to Plymouth Superior Court on Monday, Nov. 16, for a brief scheduling hearing, where the next steps and a possible spring 2027 retrial date (and the charges) are expected to be discussed.

Los Angeles has reached out to Reddington’s office for comment.

The post Judge Rejects Lindsay Clancy’s Double Jeopardy Claim appeared first on LAmag.

Crime, Commonwealth, Judge William Sullivan, Kevin Reddington, Lindsay Clancy, Marty Weinberg, Massachusetts