Lindsay Clancy Closer to Retrial After Motion to Dismiss Is Shut Down

Lindsay Clancy Closer to Retrial After Motion to Dismiss Is Shut DownBrittany Vincent Wed, November 11, 2026 at 12:25 PM UTC

A judge denied Lindsay Clancy’s motion to dismiss on Monday, November 9. BY: AP

Lindsay Clancy is one step closer to facing a retrial in the deaths of her three young children after a Massachusetts judge rejected her bid to have the murder charges dismissed.

Plymouth Superior Court Judge William Sullivan denied the motion on Monday, November 9, ruling that a second trial wouldn’t violate her constitutional protection against double jeopardy, TMZ reported.

The Judge Said the Mistrial Was Necessary

Judge William Sullivan ruled that a retrial wouldn’t violate Clancy’s protection against double jeopardy. BY: LINDSAY MARIE CLANCY/FACEBOOK

The double jeopardy rule protects defendants from facing two trials for the same crime, but a hung jury is an exception. Clancy’s first trial ended in a mistrial in September after the jury deadlocked, with one juror reportedly favoring conviction. In its motion, her defense team, led by attorney Kevin Reddington, argued that Sullivan should have questioned the holdout juror after the foreperson sent two notes during deliberations, then removed that juror and allowed deliberations to continue.

Sullivan said he saw no other option but to declare a mistrial, and his ruling could clear the way for Clancy to be retried next year. During the first trial, Sullivan also denied a defense motion asking for Clancy to be found not guilty due to a lack of evidence.

“Because the court concludes that there was manifest necessity for a mistrial based on the jury’s deadlock, a retrial on the murder indictments does not violate Clancy’s right not to be placed in double jeopardy,” Sullivan wrote in his ruling.

He Also Denied a Request to Investigate the Holdout Juror

Clancy’s first trial ended in a mistrial in September. BY: LINDSAY MARIE CLANCY/FACEBOOK

In a separate ruling, Sullivan denied Clancy’s request to investigate the holdout juror over allegations of misconduct, including claims that the juror lied on a questionnaire and improperly used a cellphone in the jury room. Her defense team asked for the juror’s cellphone records and confidential questionnaire to be preserved, and wanted the juror questioned under oath.

“Because Clancy has failed to demonstrate that the requested evidence is relevant and material to her defense at any retrial of the murder indictment, the Court declines to exercise its discretion to order production,” Sullivan wrote.

Prosecutors’ Request for a Gag Order Was Rejected

Prosecutors’ request for a gag order was denied. BY: LINDSAY MARIE CLANCY/FACEBOOK

Sullivan also rejected the prosecution’s separate request for a gag order that would have barred the attorneys from making potentially prejudicial public comments about the case. He denied the request without prejudice, meaning prosecutors can renew it if circumstances change and they can show it’s needed.

At a hearing on Monday, November 2, Assistant District Attorney Jennifer Sprague told the judge that prosecutors plan to retry Clancy. “Your Honor, this would be a retrial,” Sprague said, though prosecutors said they were waiting on Sullivan’s rulings before deciding whether they’ll pursue the same charges or a reduced charge, according to a report.

Clancy Is Accused of Killing Her Three Children

Defense attorney Kevin Reddington has argued that Clancy was suffering from postpartum psychosis. BY: LINDSAY MARIE CLANCY/FACEBOOK

Clancy, 36, a former labor and delivery nurse, is charged with three counts of murder in the deaths of her children, 5-year-oldCora, 3-year-old Dawson, and 8-month-old Callan, at the family’s home in Duxbury, Mass., on Tuesday, January 24, 2023. She remains detained in a Massachusetts psychiatric facility. Her attorneys have argued that she was suffering from postpartum psychosis and was not criminally responsible for the killings.

Prosecutors have acknowledged that Clancy had mental health problems, but they’ve argued that she acted deliberately and understood that her actions were wrong. A new trial date hasn’t been set, and the next hearing, which will address when a potential second trial could be held, is scheduled for Monday, November 16.