Assistant District Attorney Jennifer Sprague announced in court that prosecutors intend to retry Clancy, who admitted to strangling her children — 5-year-old Cora, 3-year-old Dawson, and 8-month-old Callan — with exercise bands in the basement of their Duxbury home on January 24, 2023.

Sprague told Judge William Sullivan the shape of any retrial "will depend" on his rulings, saying "We're not at that point yet." Three motions were argued and all were taken under advisement.

After seven days of deliberations, the jury was reportedly split 11-1 in favor of acquittal by reason of insanity, with foreperson Roni Carlson telling NBC10 in September that she had begun filling out acquittal forms before the lone holdout refused to say Clancy was not guilty by reason of insanity.

The holdout juror, Michael Desronvil, later said in a statement he "didn't have any doubts" about Clancy's guilt, per The Guardian. Her defense of postpartum psychosis nearly carried the day, and that near-verdict is what makes the retrial fight so contentious.

Defense attorney Martin Weinberg argued a retrial would violate double jeopardy protections because Judge Sullivan should have probed the jury more thoroughly after receiving notes that a juror was refusing to follow the reasonable-doubt instruction.

Sullivan said he questioned each juror individually before declaring the mistrial, and Sprague argued deeper questioning would have intruded on deliberations: "He refused to agree," she said of the holdout.

Reddington separately asked the court to examine the juror's phone records and questionnaire, telling the court he has evidence the holdout used his cellphone and researched altruistic filicide during deliberations, according to USA Today. Sullivan took all motions under advisement.

Reddington pressed hard against delay, telling Sullivan, "I want a trial, and I want it with you, and I want it this spring." Judge Sullivan is approaching mandatory retirement in June, and a slower timeline could hand the case to a new judge.

Sullivan said a trial in March is "probably realistic," and scheduled a November 16 hearing where he is expected to rule on the motions. If he rejects the dismissal motion, the parties would then pick a trial date.

Sullivan also took under advisement a prosecution request for a gag order that the defense called an unconstitutional prior restraint.

People reports Clancy is in custody at Tewksbury Hospital, and one of her civil attorneys, Rosemary Scapicchio, told CBS News before the hearing that she remains on suicide watch, saying Clancy "doesn't want to be here" and would take her own life if given the opportunity.

Prosecutors acknowledge Clancy had mental health problems but argue she acted deliberately and knew her actions were wrong, while her husband Patrick told The New Yorker he "wasn't married to a monster — I was married to someone who got sick."

The next flashpoint is November 16, when Sullivan is expected to rule on the double jeopardy motion, the defense request to preserve and examine jury records, and the prosecution's gag order request.

District Attorney Tim Cruz said he will then make a "very methodical determination" about what charges a second trial would carry — possibly first-degree murder, a lesser charge, or none. A March 2027 trial date is on the table if the case survives dismissal, per True Crime News.

Whatever Sullivan rules, the near-acquittal verdict and the holdout juror allegations ensure the retrial fight will stay as closely watched as the trial itself.