Clancy Defense Seeks Dismissal of 3 Murder Charges After 11-1 Mistrial Split
Updated
Updated · Fox News · Sep 21
Clancy Defense Seeks Dismissal of 3 Murder Charges After 11-1 Mistrial Split
3 articles · Updated · Fox News · Sep 21
Summary
Three first-degree murder charges against Lindsay Clancy are the target of a new double jeopardy motion arguing a retrial is unconstitutional after the Sept. 4 mistrial.
An 11-1 jury split drove that filing: 11 jurors favored finding Clancy not criminally responsible, while the lone holdout pushed for guilt despite repeated complaints he was not applying reasonable-doubt instructions.
Martin Weinberg argued Judge William Sullivan lacked "manifest necessity" to end the trial because he did not adequately investigate the holdout after two jury reports and denied defense requests to go further.
Separate defense filings seek a limited probe into the holdout's phone use, juror questionnaire and possible prior contacts with prosecutors, while Massachusetts prosecutors have not yet said whether they will retry Clancy.
The case stems from the January 2023 stranglings of Clancy's three children in Duxbury, where the defense says postpartum psychosis drove her actions and prosecutors say she acted deliberately.