Lindsay Clancy appeared in court on Tuesday as her legal team sought a judicial ruling of not guilty for the 2023 deaths of her three young children, aiming to prevent a retrial. Judge William Sullivan in Plymouth, Massachusetts, is considering the matter after declaring a mistrial on 4 September.
The mistrial occurred because one juror prevented the 12-member jury from reaching a unanimous verdict on whether to convict Clancy or find her not guilty by reason of insanity. The Plymouth county district attorney's office has not yet indicated whether it plans to retry Clancy, 36, on first-degree murder charges.
During Tuesday's hearing, defence lawyer Kevin Reddington argued to Judge Sullivan that there was a "total and complete lack of evidence" at the initial trial to prove Clancy killed the children and knew her actions were wrong. Clancy's lawyers have filed motions to prevent a retrial, arguing that the mistrial declaration was unwarranted and that a retrial would constitute double jeopardy.
Prosecutors have several options, including pursuing a plea deal or retrying Clancy on lesser second-degree murder charges. Judge Sullivan stated he would address this issue and other motions during a hearing scheduled for 2 November.