Clancy prosecutors plan murder retrial

Assistant District Attorney Jennifer Sprague confirmed Monday that the state intends to retry Lindsay Clancy for the 2023 strangulation of her three children in Duxbury, Massachusetts. The prosecution stated it is waiting on the court’s rulings regarding pending legal motions before finalizing specific charges. Clancy, 36, faces the case after a jury deadlocked 11-1 in her favor during the original trial.

Clancy was arrested in January 2023 after her then-husband, Patrick Clancy, returned from running errands to find their three children dead at their home. The defense argued that Clancy suffered from postpartum psychosis and could not understand that her actions were wrong. Kevin Reddington, her lead attorney, maintained that she should not be held criminally responsible for the killings.

The original trial ended without a verdict on the penultimate day. The jury foreperson sent two notes to Judge William Sullivan regarding juror Michael P. Desronvil. The first note stated Desronvil was unable to follow instructions on reasonable doubt. The second note said he acknowledged doubt but refused to apply it to the verdict. Sullivan questioned the jurors individually, and all affirmed they could follow the law. He then declared a mistrial the next morning.

Defense lawyers argue that Sullivan should have conducted a more thorough inquiry into the foreperson’s allegations of juror misconduct. They contend that discharging Desronvil would have been an alternative to a mistrial. Because Sullivan declared a mistrial without this "manifest necessity," the defense claims a retrial violates the Fifth Amendment protection against double jeopardy. Sullivan took this motion to dismiss, drafted by Boston attorney Martin Weinberg, under advisement.

Weinberg previously represented Karen Read, who was acquitted of murder after her first trial ended in a hung jury. Weinberg unsuccessfully argued against Read's retrial based on the same double jeopardy standards. Prosecutors countered that Sullivan carefully considered alternatives before declaring the mistrial. They argued that further questioning of Desronvil would have intruded on private deliberations and amounted to judicial coercion.

The court also heard arguments on a proposed gag order and a request to release records related to Desronvil. Desronvil has repeatedly stated he had no doubts about Clancy's guilt and claimed other jurors cut him off during deliberations. Sullivan said he would rule on all three motions at a future hearing.

Reddington stated forcefully that he wants a new trial held this spring, before Sullivan retires. Sullivan scheduled the next hearing for 9 a.m. on Nov. 16. The parties are expected to select a new trial date at that time, pending the judge's decisions on the motions.