Lindsay Clancy Heads to Court Tuesday After Mistrial

Lindsay Clancy will appear in court Tuesday for a status conference that could determine whether she faces a second trial after her murder case ended in a mistrial.

Lindsay Clancy will appear in Plymouth County Superior Court on Tuesday for her first hearing since Judge William Sullivan declared a mistrial on September 4, according to CNN. The status conference should signal how the case proceeds after a month of uncertainty. Prosecutors and the defense are expected to address pending motions to avert another trial, the defense's effort to obtain information about the holdout juror, and — if prosecutors decide to retry Clancy — a schedule for a new trial. Clancy admitted to killing her children, Cora, 5; Dawson, 3; and Callan, 8 months, but argued she was suffering from postpartum psychosis when she fatally strangled them and attempted suicide in January 2023.

Experts say both sides are weighing whether another jury would reach the same conclusion, largely siding with the defense. Juror Nick Dargie told ABC News that if the trial were run the same way, "nine times out of ten" a jury would return not guilty by reason of insanity. Prosecutors have not announced whether they will retry Clancy, but District Attorney Tim Cruz insisted after the mistrial that the first-degree murder charges were "warranted and appropriate," framing the case as being about justice for the three children.

Clancy's defense has filed a motion to dismiss the charges, arguing a retrial would violate double jeopardy protections because Judge Sullivan declined to question the holdout juror and declared the mistrial without "manifest necessity." Defense attorney Kevin Reddington separately asked the judge to enter a finding of not guilty by reason of lack of criminal responsibility, writing that "the Commonwealth had to prove that a woman all six experts agreed was mentally ill nonetheless kept the capacity the law demands." The defense has also asked the judge to investigate the holdout juror, requesting his cellphone records and questionnaire after other jurors alleged he scrolled on his phone during deliberations. The holdout's attorney, Edward Paltzik, called the motion "disgusting" and an attack on the Sixth Amendment.

At Tuesday's conference, Judge Sullivan may schedule a new trial date, and the attorneys could offer a glimpse into any plea negotiations happening behind the scenes. Reddington has said he is open to working with prosecutors to avert a second trial, though he told CNN's Anderson Cooper he would never agree to a deal in which his client serves any jail time. Legal experts have expressed skepticism an agreement can be reached. The prospect of reliving the tragedy is extraordinarily painful for Patrick Clancy, whose attorney said in a statement that another trial would be devastating for his family, while Clancy's supporters argue she was failed by a healthcare system that often overlooks maternal mental health.