Prosecutors said Monday that they plan to retry Lindsay Clancy in the deaths of her three children if the case moves forward. Clancy’s first trial ended in a mistrial on Sept. 4 after jurors failed to reach a unanimous verdict.
Clancy appeared in court for a hearing on the defense motion to dismiss the murder charges. Her attorneys argued that a retrial would violate the protection against double jeopardy, which generally prevents a person from being prosecuted twice for the same offense. Prosecutors countered that the rule does not prevent the state from pursuing the case on behalf of the three victims.
Defense attorney Kevin Reddington also asked the judge to examine the conduct of Michael P. Desronvil, the only juror who did not support conviction. According to the Associated Press, the defense questioned whether Desronvil used a cellphone during deliberations to research terms connected to the case and whether he accurately disclosed his previous criminal history during jury selection.
Heather O’Connor, an attorney for Desronvil, argued that the defense had the opportunity to question and accept the juror before the trial and only challenged his credibility after he became the holdout. She also disputed the allegation involving his cellphone.
The hearing grew tense after Reddington publicly identified the juror. Judge William Sullivan suggested that the information could have been confidential. Reddington said the name was already circulating online before agreeing to stop using it. Sullivan also heard arguments over a prosecution request for a gag order limiting public statements by the attorneys involved.
The jury remained divided 11-1 for at least two days before the trial ended without a verdict. A higher court had previously rejected the defense’s attempt to intervene in the deliberations.
Clancy has admitted strangling her three children in January 2023. Her defense argued that she was experiencing psychosis and should not be held criminally responsible, while prosecutors maintained that she understood her actions were wrong and sought convictions on three counts of first-degree murder.
Sullivan did not immediately rule on the motion to dismiss. Prosecutors have not said whether they would pursue the same charges in a new trial. The next hearing is scheduled for Nov. 16, and a retrial could begin in March.
Sources: Rolling Stone.