Judge William Sullivan scheduled a status hearing for November 16 to decide on pending defense motions after Lindsay Clancy returned to Plymouth Superior Court on Monday, while indicating a potential retrial could occur in March.
Michael and Paula Musgrove, Clancy’s parents, headed into Plymouth Superior Court for the Monday proceedings. 36-year-old Clancy stands accused of three counts of first-degree murder relating to the January 24, 2023, deaths of 5-year-old Cora, 3-year-old Dawson, and 8-month-old Callan inside their Duxbury residence, based on reports from USA Today and Boston. Her defense team has never disputed that she killed the children, but argued throughout her trial that she suffered from postpartum psychosis and was unable to control her behavior, The Guardian reported. Prosecutors countered that Clancy acted deliberately and understood that her actions were wrong.
Defense Seeks to Block Retrial
Monday’s hearing centered largely on defense motions to dismiss the charges on double jeopardy grounds and investigate the lone holdout juror from September’s deadlocked trial, NBC News reported. Martin G. Weinberg argued that Judge William Sullivan should have investigated further after receiving notes from the jury foreperson indicating that a juror was refusing to follow instructions, according to The Guardian and WBUR. Weinberg argued that the situation warranted questioning the foreperson separately. During the court appearance, a member of Clancy’s legal team argued that the first-degree murder charges should be dismissed because a more in-depth probe should have been conducted on the dissenting juror before the mistrial was declared.
Defense attorney Kevin Reddington urged the court to examine the juror’s questionnaire, phone records, and background, alleging dishonesty and outside research during deliberations, The Guardian and The Boston Globe reported. Sullivan told Reddington, There is no need, here in this courtroom, to use that,
after Reddington uttered the name of the juror. The judge instructed him going forward to refer to the juror as Juror Doe,
New York Post and ABC News reported. Assistant District Attorney Jennifer Sprague pushed back against the defense requests, arguing that further questioning during deliberations would have amounted to judicial coercion and that the Commonwealth retains the right to seek justice for the victims, WJAR and The Boston Globe reported.
Court filings highlighted by NBC News reveal that Sprague maintained the dissenting juror’s opposition stemmed from a conviction that Clancy was culpable rather than personal motivations, noting the record establishes he did not refuse the deliberation process. The Commonwealth [Massachusetts] should be permitted to continue to pursue justice for Cora, Dawson and Callan Clancy,
prosecutors argued in court filings noted by NBC News.
Spring Retrial Targeted
When asked by the court whether prosecutors intended to pursue a new trial, Sprague told Sullivan, We’re not at that point yet,
explaining that the state is awaiting rulings on pending motions before deciding on specific charges, USA Today and WCVB reported. That response drew immediate frustration from Reddington, who asked, Why do we not know if the next trial is going to be murder in the first degree or a lesser charge, or no charge?
according to USA Today.
Reddington emphasized the urgency of securing a prompt trial date before Sullivan reaches mandatory retirement, WBUR and Boston reported. I am not going to have this woman sit incarcerated for the next year or two or three. I want a trial, and I want it with you, and I want it this spring,
Reddington told the judge, as cited by ABC News. Sullivan indicated that a March trial date is probably realistic
if motions are resolved, The Guardian reported.
Prosecutors Seek Gag Order as Defendant Remains Hospitalized
Prosecutors also pressed for a gag order to restrict attorneys from speaking publicly about the case, citing media appearances and statements made by Reddington outside the courtroom, WJAR reported. Clancy’s defense team opposed the restriction as an unconstitutional prior restraint on speech, WJAR reported.
Sullivan took all matters under advisement on Monday, The Guardian and WCVB reported. Clancy remains held at Tewksbury Hospital, where she has resided since 2023 following a failed suicide attempt that left her paralyzed from the chest down, WBUR reported. Plymouth Superior Court set the next status hearing for November 16, NBC News reported.
Earlier coverage: Lindsay Clancy Defense Seeks Dismissal of Murder Charges
Lindsay Clancy is expected back in a Plymouth courtroom Monday for a hearing that could determine whether she will face a second trial in the deaths of her three children. Judge William Sullivan is expected to hear arguments on the defense's motion to dismiss the case on double… pic.twitter.com/R0M0SK40Ww