PLYMOUTH — A judge heard arguments on whether to dismiss charges against Lindsay Clancy, who is accused of killing her three children in January 2023. Superior Court Judge William F. Sullivan took the defense motion to dismiss under advisement on Monday and urged prosecutors to decide by November 16 whether to seek a retrial, potentially setting a new trial date as early as March.
The hearing centered on the September declaration of a mistrial after jurors deadlocked, with 11 voting to acquit Clancy based on lack of criminal responsibility. The defense argued Sullivan erred in declaring the mistrial and should have examined whether the holdout juror violated his oath by failing to follow the law. Prosecutors countered that further examination of the holdout juror would potentially examine the statements and actions of the other 11 jurors.
Sullivan scolded defense attorney Kevin Reddington for naming the holdout juror during arguments, saying there was no need to use the juror's name in the courtroom. Reddington responded that the juror's name was "all over the internet" and that the juror had "more face time than I do" from recent media interviews. The judge also took the prosecution's request for a gag order under advisement, which would prevent the defense from making statements about Clancy's case outside of court.
Clancy, 36, admitted to strangling her three children — Cora, 5; Dawson, 3; and Callan, 8 months — with exercise bands in the basement of their Duxbury home on Jan. 24, 2023, after sending her then-husband out to pick up medication and takeout for dinner. She slashed her wrists and neck and jumped from a second-story window, leaving her paralyzed from the waist down. She has pleaded not guilty by reason of postpartum mental illness, asserting she hallucinated a voice commanding her to kill herself and the children. Prosecutors argued the slayings were premeditated, motivated by Clancy's unhappiness with her life.
At the status hearing on November 16, Sullivan said he expects to set a new trial date unless he grants the defense motion to dismiss. District Attorney Timothy Cruz said his office is still reviewing the case and will make a methodical determination on whether to retry Clancy. Clancy remains in custody at Tewksbury Hospital.
