Listening to may decide way forward for Lindsay Clancy prosecution

Senior Digital Editor/Producer, WCVB.com

PLYMOUTH, Mass. —

Lindsay Clancy, the Massachusetts mom accused of strangling her three kids in 2023, returned Tuesday to Plymouth Superior Court docket for a listening to to deal with a number of points stemming from her latest mistrial and the potential for a retrial.

Clancy, 36, admitted to killing her three kids — 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan — at their Duxbury dwelling on Jan. 24, 2023. Her protection argued she was not criminally accountable as a result of she was affected by postpartum psychosis on the time of the killings.

A mistrial was declared Sept. 4 after jurors informed the decide they have been hopelessly deadlocked, with an 11-1 cut up in favor of acquittal after seven days of deliberations.

District Legal professional Tim Cruz’s workplace has not introduced whether or not it’ll conduct a second prosecution.

Clancy’s protection staff, together with attorneys Kevin Reddington and Martin G. Weinberg, hopes Decide William Sullivan will not give Cruz the possibility to retry the case.

Movement to dismiss

Reddington on Tuesday renewed his movement for a required discovering of not responsible. The movement was initially provided after the conclusion of the prosecution’s presentation of proof in the course of the trial.

Reddington argued that there was a scarcity of proof of culpability that may persuade a “rational jury” that Lindsay Clancy knew proper from unsuitable and ought to be held criminally accountable within the kids’s deaths.

“There’s, there was and there can’t be proof beneath the Latimore commonplace that this girl killed these kids,” Reddington stated.

The Latimore commonplace is the rule that Massachusetts courts use to guage whether or not the prosecution introduced sufficient proof throughout a legal trial to ship the case to the jury.

Prosecutor Shanan Buckingham stated that is the primary time the protection is arguing that there isn’t a proof Lindsay Clancy dedicated the crime of killing her kids.

Buckingham argued that the information help premeditation and excessive cruelty/atrocity, which is the usual that should be met to show first-degree homicide.

After listening to each arguments, Sullivan stated he would take the movement to dismiss beneath advisement.

Movement for entry to jury notes

They protection has additionally filed a movement arguing that the holdout juror was refusing to observe the regulation and the court docket’s directions and due to this fact the mistrial was improperly declared. The movement additional argues {that a} retrial would violate double jeopardy protections.

Weinberg argued Tuesday that the protection ought to have entry to jury notes that have been addressed in the course of the trial, together with those who indicated there was a single, holdout juror who was “refusing to observe the regulation” concerning affordable doubt.

“We ask the court docket to make this restricted ruling to unseal bench conferences from Sept. 2, 3, advert 4 and to offer the jury notes with the redaction of the title of the juror,” Weinberg stated.

Buckingham argued in opposition and stated there can be a adverse influence on the case and a harmful precedent for future potential juries.

The Boston Globe has additionally filed a movement looking for entry to sidebar conversations that have been held in the course of the high-profile homicide case.

Sullivan stated he would take the issues beneath advisement.

Video under: Inside Clancy’s civil case

Reddington additionally filed motions asking the court docket to examine the holdout juror, together with reviewing the juror’s confidential questionnaire and checking whether or not the juror used their cellphone throughout deliberations. In line with court docket data, the decide overseeing Clancy’s trial determined to impound associated paperwork however has not but made a last ruling on the requests.

By his legal professional, the holdout recognized himself as Michael Péguy Desronvil and stated he “did not have any doubts” about his place that Clancy was responsible.

Video under: Juror’s legal professional fires again

Background of the Clancy case:

• Lindsay Clancy, 36, faces three homicide costs within the 2023 deaths of her kids, Cora, Dawson and Callan.
• She additionally jumped from a second-floor window, leaving her partially paralyzed.
• In a civil case, Lindsay Clancy alleges a “catastrophic failure” of a number of medical suppliers in diagnosing and treating her psychiatric situation.
• Her trial started July 20. Though her authorized staff provided to stipulate to the deaths of the youngsters, she has pleaded not responsible.
• She is being held at Tewksbury State Hospital.

This case entails problems with psychological well being. If you happen to or somebody you already know wants assist, you may discuss with the Suicide & Disaster Lifeline by calling or sending a textual content message to 988, or you may chat on-line right here.