The trial to decide if Lindsay Clancy was criminally responsible when she strangled her three children in 2023 ended in a mistrial Friday after jurors were unable to reach a consensus after weeks of conflicting testimony about her post-pregnancy mental health and seven days of deliberations.
Clancy, a 36-year-old former labor and delivery nurse, remains charged with murder and will continue to be held in a psychiatric hospital until the case is resolved. Attorneys on both sides have a few options when it comes to the next steps.
Judge William Sullivan set a hearing for Sept. 29. During that proceeding, defense attorney Kevin Reddington will likely ask the judge to declare Clancy not guilty. It's a long shot move and very unlikely to succeed.
That hearing could also reveal whether prosecutors will move to put Clancy on trial for a second time. They could also choose to seek a plea deal or even drop the case entirely, though that option is unlikely.
Sullivan suggested that everyone involved in the case, from attorneys to witnesses to court administrators, would need to look at their calendars to find a suitable time for a new trial, if one is held.
EDITOR'S NOTE: This story includes discussion of suicide. If you or someone you know needs help, the national suicide and crisis lifeline in the U.S. is available by calling or texting 988.
Clancy doesn't deny strangling her children at their home south of Boston, but says postpartum psychosis led to her actions. After the killings, her husband found her badly injured in the yard, where she landed after jumping from a second-story window. She was left paralyzed from the waist down.
Prosecutors argue she knew what she was doing.
Plymouth County District Attorney Timothy Cruz said there would not be an immediate decision about a second trial, but he emphasized that his goal was always "getting justice for those three little babies."
"This case was about Lindsay Clancy and what she did … the cruel and calculated killing of three innocents," Cruz said shortly after court ended on Friday. He later continued, "Children were murdered and it's our job to seek justice."
Still, prosecutors typically consider a lot of things when determining whether to retry a case, said New York Law School Professor Heather Ellis Cucolo, including the potential expense and the likely outcome.
"I know the prosecutor stated openly that he would not allow public opinion to sway his decision, which is accurate, but the prosecution serves the public," Cucolo said. "If it is believed that justice must be served by another trial, that is something the prosecutor's office will take into account and weigh very heavily."
A conviction could mean life in prison for Clancy, while an acquittal might lead to confinement in a mental health facility.
Cucolo said the defense attorney will likely push for the charges to be dropped entirely, and might also be open to a plea deal.
"But if the prosecution chooses to move forward with a trial, there's no way to prevent that from happening," Cucolo said.
