Lindsay Clancy judge says he's leaning toward retrial in March

Prosecutors in Lindsay Clancy's case said Monday they program to person her basal proceedings a 2nd clip for the murders of her 3 children, with the justice leaning toward a imaginable March retrial. What isn't known yet is what charges Clancy would face.

Clancy admitted to sidesplitting 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan successful their Duxbury location connected Jan. 24, 2023, but she pleaded not blameworthy to first-degree murder. Defense lawyer Kevin Reddington said Clancy was not criminally liable due to the fact that she was overmedicated and suffering from postpartum psychosis.

Prosecutors said Clancy knew close from incorrect and planned to strangle her children. The proceedings ended with a hung assemblage connected Sept. 4.

Will Lindsay Clancy basal proceedings again?  

At a proceeding successful Plymouth Superior Court Monday, authoritative Jennifer Sprague said for the archetypal clip that Clancy volition apt basal proceedings again, though it is not yet known what she would beryllium charged with.

"This would beryllium a retrial," Sprague said, adding that the prosecution has not yet decided "how that volition look."

Sprague told Judge William Sullivan she did not privation to acceptable a proceedings day until helium ruled connected outstanding motions successful the case.

Reddington took contented with the hold and said helium wants to cognize what charges his lawsuit volition face. The defence lawyer said that the "elephant successful the room" is Sullivan's approaching retirement. Reddington said helium wants Sullivan to beryllium the proceedings judge.

"Why bash we not cognize if the adjacent proceedings is going to beryllium execution successful the archetypal grade oregon a lesser complaint oregon nary charge?" Reddington said, saying the prosecution should not person to hold for rulings to marque a determination connected charges. "They don't request to hold for that to find if they're going to instrumentality a tally connected her again connected first-degree. I person to cognize logistically if it's going to beryllium triple homicide first-degree, oregon thing else."

If prosecutors determine to retry Clancy connected lesser second-degree execution charges, she would past person the enactment to determine betwixt a assemblage proceedings oregon a justice deciding her fate.

"I americium not going to person this pistillate beryllium incarcerated for the adjacent year, oregon two, oregon three. I privation a trial. And I privation it with you, and I privation it this spring," Reddington said.

Sullivan said helium is leaning toward March arsenic a realistic day for a 2nd trial. That volition beryllium discussed during the adjacent proceeding successful the lawsuit successful 2 weeks connected Nov. 16.

Gag bid projected successful Lindsay Clancy trial

Earlier, Sprague argued for the government's question for a gag bid successful the case.

She said Reddington has made "calculated" nationalist statements that could interaction the public's cognition of the lawsuit and frankincense taint the assemblage excavation for a imaginable retrial.

Sprague said moving the determination of the proceedings wouldn't beryllium an enactment if the assemblage excavation is tainted due to the fact that "Where could we spell wherever idiosyncratic hasn't heard of this case?"

Sprague added that the prosecution has not made immoderate inflammatory statements extracurricular of court, and has alternatively lone offered "no comment" responses.

"I americium not looking for 15 minutes of fame successful this case. What the Commonwealth wants successful this lawsuit is justness for Cora, Dawson, and Callan," Sprague said.

Laura McConnell argued successful absorption of the gag bid for the defense.

"This is not a lawsuit wherever lawyer Reddington has been litigating the lawsuit to the nationalist done the media," McConnell said. 

McConnell said that due to the fact that Clancy herself has not fixed interviews, Reddington serves arsenic her dependable and a gag bid would instrumentality that close away.

Sullivan took the substance nether advisement and did not marque a ruling during Monday's 3-hour hearing.  

Kevin Reddington has heated speech with judge

Reddington argued connected Clancy's behalf connected a question to sphere records related to the holdout juror, referred to successful tribunal arsenic "Juror Doe."

"When you person jurors, you expect that jurors are going to beryllium honorable successful their disclosure to the tribunal astir their background," helium said.

During his argument, Reddington referred to the juror by name. Judge Sullivan interrupted.

"I'm going to halt you close there," Sullivan said.

"No. You're not going to halt me," Reddington responded.

"I am," Sullivan said. "Because there's nary request to bring retired that juror's name."

Reddington argued that the juror's sanction is "all implicit the internet," since helium has fixed interviews. He told the justice that the holdout juror has "got much look clip than I do."

Reddington alleged that the holdout juror was scrolling connected his telephone during deliberations, and besides said that "I person grounds that this antheral was not honest" connected his assemblage form.

According to Reddington, the holdout juror did not disclose that helium had an maltreatment prevention bid against him. Reddington besides said helium did not disclose a 2021 arrest.

Sprague asked to connection grounds astatine sidebar related to the 2021 arrest, and attorneys went to talk with the justice successful private.

After the sidebar, Sprague asked for the question to beryllium denied "on its face." She said allowing the question would beryllium "potentially opening the door" into examining each jurors' actions and statements.

Should holdout juror successful Lindsay Clancy proceedings beryllium investigated?

Heather O'Connor, an lawyer for the holdout juror, past addressed the tribunal implicit the question to sphere Juror Doe's records.

O'Connor said that earlier Juror Doe was added to the jury, the defence had the accidental to question him, but lone asked him 2 questions and past declared they were contented helium could serve.

She besides told the tribunal that notes to the justice from the assemblage during deliberations did not see immoderate ailment of extracurricular information, inappropriate telephone usage oregon refusal to deliberate. O'Connor said the lone 1 who accused the juror of misconduct earlier the mistrial was the defense.

"A disagreement successful the assemblage country had become, successful the defense's telling, a juror who lied to the tribunal nether oath," she said.

"We are present due to the fact that Juror Doe did not ballot the mode the defence needed. So aft the mistrial, the defence went looking into the 1 juror who stood betwixt them and the result they wanted," O'Connor said. "The defence relies connected tv and podcast interviews aft jurors saw what the nationalist and the defence had to accidental astir this case. And the defence wants to enactment lone 1 juror nether investigation, hunt lone 1 phone, propulsion lone 1 transgression past – the 1 who disagreed."

O'Connor argued that a telephone "holds the astir backstage accusation a idiosyncratic has." She said that the allegation that Juror Doe was looking astatine his telephone is not the aforesaid arsenic accusing him of utilizing the telephone to probe the case.

"If the allegation of conscionable looking astatine a telephone was enough, each juror's telephone successful astir each lawsuit would beryllium unfastened to search. The lone happening that changed what anyone knew astir Juror Doe astatine the clip the mistrial was declared was the vote," O'Connor said. "If that's capable to enactment a juror nether oath, to hunt their phone, to propulsion their history, past the acquisition to each aboriginal juror successful this commonwealth is simple. Agree with the majority, oregon perchance beryllium investigated."

Judge Sullivan did not regularisation Monday connected the question related to the holdout juror.

Lindsay Clancy successful tribunal today

Clancy's proceedings ended with a hung jury backmost connected Sept. 4. Eleven jurors favored a not blameworthy verdict portion 1 holdout juror believed she was guilty.

The proceeding Monday began with Martin Weinberg arguing connected Clancy's behalf connected the contented of treble jeopardy.

Weinberg argued that 2 notes from the assemblage "cried retired connected behalf of the foreperson." 

He argued that astatine minimum, the notes should person required questioning of jurors to find if the holdout juror was deliberating successful bully faith.

Judge Sullivan pushed back, asking Weinberg, "Didn't I bash that? Didn't I bash a voir dire? Didn't I curse the jurors in? Didn't I inquire each one? And the concerns of coercion is thing I person to interest about. Are you saying I should person done it a 2nd time?"

"A probing voir dire could person disclosed that the 12th juror was not pursuing instructions," Weinberg argued.

Sprague argued that the enactment from the assemblage that the holdout juror was not pursuing tenable acquisition was "basically their opinion."

Sprague besides argued that determination was nary allegation successful the notes of a deficiency of impartiality. She added that immoderate post-trial reports astir jurors are "completely irrelevant."

"It is wide from the grounds that this juror did not garbage to deliberate. He refused to agree," Sprague said. 

Judge Sullivan did not regularisation and took the substance nether advisement. 

Lindsay Clancy remains connected termination watch

Lindsay Clancy's civilian attorney, Rosemary Scapicchio, is pursuing a suit against Clancy's erstwhile doctors, claiming they ignored her pleas for assistance and contributed to the deaths of her children. That lawsuit apt won't determination guardant until the transgression charges are resolved.

Scapicchio spoke to CBS Mornings successful an interrogation up of Monday's hearing.

"She has to unrecorded each time with the knowing that she wounded her children and sometimes I don't cognize however she gets retired of furniture successful the morning, but she manages to get done the time and she manages to beryllium capable to beryllium done the proceedings successful the mode successful which she did, but she's connected termination watch. She's inactive connected a termination ticker and if fixed the opportunity, I person nary uncertainty successful my caput astatine each that she would instrumentality her ain life," Scapicchio said. 

Clancy remains successful custody astatine Tewksbury State Hospital nether psychiatric care. She's paralyzed and successful a wheelchair aft jumping retired of a model the nighttime her children were killed.

If you oregon idiosyncratic you cognize is successful affectional distress oregon a suicidal crisis, you tin scope the 988 Suicide & Crisis Lifeline by calling oregon texting 988. You tin also chat with the 988 Suicide & Crisis Lifeline here.

For much accusation about mental wellness attraction resources and support, the National Alliance connected Mental Illness HelpLine tin beryllium reached Monday done Friday, 10 a.m. to 10 p.m. ET, astatine 1-800-950-NAMI (6264) oregon email info@nami.org.

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