Lindsay Clancy back in court for hearing on potential retrial
· Toronto Sun
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Lindsay Clancy is due back in a Massachusetts courtroom Monday for a hearing that could determine the date of her potential retrial on triple murder charges.
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During her initial trial, her defence team did not dispute that she killed her three children before jumping from a second-storey window in an attempt to end her own life. She was left paralyzed as a result.
Instead, her lawyers argued the evidence showed Clancy was suffering from postpartum psychosis and should be found not guilty by reason of insanity.
The 36-year-old strangled daughter Cora, 5, and sons Dawson, 3, and 8-month-old Callan in the basement of their home in Duxbury, a suburb of Boston, on Jan. 24, 2023.
Trial judge William Sullivan declared a mistrial in early September after a 12-person jury was unable to reach a unanimous verdict following an 11–1 split in favour of an insanity acquittal due to postpartum psychosis.
Double jeopardy argument
During Monday’s hearing, Sullivan could also decide on a new trial if he allows the case to continue.
According to Reuters, Sullivan said the parties should be prepared to discuss a date for a retrial during a Sept. 29 meeting.
Prosecutors said the case “should be permitted to continue to pursue justice for Cora, Dawson and Callan Clancy.”
Defence lawyers are expected to argue a retrial would violate Clancy’s constitutional protection against being tried twice for the same crime, also known as double jeopardy.
The Plymouth County District Attorney, Timothy Cruz, has yet to speak publicly about plans for a retrial.
A first-degree murder conviction carries a mandatory sentence of life without parole. Second-degree murder allows for the possibility of parole.
Defence on the offence
During the Sept. 29 meeting, Clancy’s attorney Kevin Reddington told a Plymouth, Mass. court there’s no evidence to prove she killed her three children — after Clancy admitted to strangling them in the first trial, BBC reported.
Reddington accused the police of having “no investigation” into the details of the case, before taking the court through evidence of self-harm after the children’s deaths.
“Where’s the evidence she did this?” said Reddington. “This entire case is based on speculation.”
— With files from Brian Towie