Lindsay Clancy returned to a Massachusetts courtroom on Monday seeking to have first-degree murder charges dismissed in the deaths of her three children, her lawyers arguing that juror misconduct and the judge's handling of deliberations compromised her trial.
Clancy, 36, faces charges for the strangulation deaths of her three young children at her Duxbury home in 2023. Her legal team contended that the trial was fundamentally unfair, arguing that Judge William Sullivan should have investigated further after the jury foreperson sent two notes indicating that a juror, identified as Michael Desronvil, was not following the rules.
Defence lawyer Martin G Weinberg told the court that a juror who says he can follow the law could have been lying, and that the situation warranted questioning the foreperson separately to learn more about what was happening during deliberations. Kevin Reddington accused the holdout juror of using a mobile phone to research terms related to the case.
Prosecutor Jennifer Sprague defended the judge's actions, stating there was no indication the holdout juror’s disagreement stemmed from personal bias or an inability to deliberate, rather than a different assessment of the evidence. "It is clear from the record this juror did not refuse to deliberate," Sprague said. "He refused to agree."
Judge Sullivan reminded jurors of their duties and explained what constitutes reasonable doubt after receiving the notes. He did not immediately rule on the motion to dismiss, scheduling another hearing for November 16 and suggesting a retrial could begin in March.
The state also requested a gag order barring lawyers and their supporters from making extrajudicial statements to the media that would have a substantial likelihood of materially prejudicing the criminal proceeding.
Clancy has never disputed killing her three children but her lawyer has argued she had postpartum psychosis and was unable to control her behaviour. Prosecutors have acknowledged Clancy had mental health problems but said she acted deliberately and understood her actions were wrong.
If the motion to dismiss is denied, prosecutors have indicated they intend to retry Clancy, though they have not decided if she would face the same first-degree murder charges.
