Prosecutors float retrial for Lindsay Clancy at hearing to dismiss murder case

Assistant District Attorney Jennifer Sprague said that there “would be a retrial” for Clancy after a jury deadlocked on her triple murder case — but she declined to say what charges her office would pursue.(CN) — A Massachusetts judge on Monday floated a March 2027 trial date for Lindsay Clancy, whom prosecutors are expecting to retry over the killing of her three young children in 2023.That is, if a retrial happens at all. Plymouth Superior Court Judge William Sullivan proposed the tentative trial date at a hearing on whether the entire case against Clancy should be tossed. And while prosecutors confirmed their intent to retry Clancy on Monday, they declined to say whether a retrial would be on first-degree murder charges or on lesser crimes — to the frustration of the defense.“This would be a retrial,” Assistant District Attorney Jennifer Sprague assured Sullivan. “As to what that looks like, it will depend. We’re not at that point yet.”Sprague said she’d like to wait on the judge’s impending ruling on the dismissal motion before making that call, a claim that irked Clancy’s lawyer Kevin Reddington, who called it “specious.”“They don’t need to wait for that to determine if they’re going to take a run at her again on first-degree [murder],” Reddington said. He added he wants Sullivan, who is slated to retire in mid-2027, to continue presiding over the case if a second trial ensues.The parties will have to wait for answers until Nov. 16, when Sullivan said they will reconvene for a short hearing so he can announce his decision. If dismissal is off the table, they will set a retrial date, he said.Clancy, 36, faced a triple homicide trial this year after admitting to fatally strangled her five-year-old daughter Cora, three-year-old son Dawson and eight-month-old son Callan while in the midst of postpartum psychosis. She then cut her wrists and neck and jumped from a second-floor window in an apparent suicide attempt that paralyzed her from the waist down.The five-week trial culminated with a contentious jury deliberation process, in which 11 of the 12 jurors were prepared to find Clancy not guilty by reason of insanity — a verdict that would have saved her from life in prison and instead sent her to a state psychiatric facility. But one holdout caused the jury to deadlock, resulting in a mistrial on Sept. 4.According to the defense, Sullivan failed to meaningfully probe the holdout juror, Michael Desronvil, whom other jurors claimed didn’t follow the court’s instructions on reasonable doubt and was steadfast in his vote to convict her.Instead of questioning the jury to assess whether Desronvil was deliberating in good faith, the judge declared a mistrial, which the defense says would deem any retrial attempt against Clancy unconstitutional. The state counters that such a probe would have placed the judge in an impossible position since he is legally unable to press jurors on the deliberation process.Tensions flared Monday when Reddington referred to the juror by name instead of “Juror Doe,” as other lawyers had done throughout the proceedings.“No, I’m going to stop you right there,” Sullivan said. “There’s no need to bring out that juror’s name.”“No, you’re not going to stop me,” Reddington shot back. “It’s all over the internet.”Indeed, Desrovil has been the subject of widespread media attention following the trial. He bucked the claims that he wasn’t following the court’s instructions and defended his decision to convict Clancy, saying in a September statement that he “didn’t have any doubts” about his choice.“Based on all the physical evidence, key witnesses and what the prosecution presents, I thought it was enough proof that she knew exactly what she was doing and planned,” Desronvil said.Prosecutors defended Desrovil at Monday’s hearing and urged the judge not to let posttrial media coverage change his mind about declaring the mistrial.“It is clear from the record that this juror did not refuse to deliberate,” Sprague said. “He refused to agree.”Clancy remains in custody at Tewksbury Hospital, a Massachusetts psychiatric facility about 20 miles north of Boston. Her legal team claimed she is on constant suicide watch and still has nightmares.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads