Lindsay Clancy’s motion to dismiss murder charges is denied by judge

A Massachusetts judge denied a motion to dismiss charges against Lindsay Clancy, potentially clearing the way for a retrial next year on murder charges for killing her three young children at her home in 2023.

Clancy’s defense team had asked Judge William ‌Sullivan to end the case based on an unusual argument that a mistrial shouldn’t have been declared in September when jurors were unable to reach a unanimous verdict.

Her lawyers argued the judge should have removed the single juror who favored conviction and allowed jury deliberations to continue.

However, Sullivan disagreed, saying he saw no other option than declaring a mistrial.

“Because the court concludes that there was 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,” Sullivan wrote.

Prosecutors have acknowledged that Clancy had mental health problems, but they said she acted deliberately and understood her actions were wrong.

Prosecutors said they intend to retry Clancy, but they haven’t settled on whether they will pursue the same charges or opt for a reduced charge that might be more palatable for the jury.

The next hearing is Nov. 16.

On Monday, Sullivan also denied prosecutors’ request for a gag order while the case remains pending, to avoid influencing a future jury. Clancy’s attorney Kevin Reddington gave interviews during the trial, while prosecutors generally didn’t speak to reporters. Clancy’s lawyers argued that it would amount to an unconstitutional restraint on speech.