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Judge rules Massachusetts mother Lindsay Clancy can be retried on murder charges

Judge William Sullivan says the deadlock justified the mistrial, and rejects a gag-order request and a defense bid to probe the holdout juror.

14 news outlets reported this
Liberal6 outletsThe judge's reasoning and what comes nextCenter5 outletsJudge finds jury deadlock justified the mistrialConservative3 outletsDefense's two legal bids fail before retrial
ABRAnews EditorialPublished 1 min read
Overview

A Massachusetts judge on Monday, Nov. 9, rejected Lindsay Clancy's bid to dismiss the murder charges against her. Clancy is accused of killing her three young children at their home in Duxbury in January 2023. Her first trial ended in a mistrial on Sept. 4, when the jury could not reach a unanimous verdict because of one holdout juror.

Her lawyers argued that a second trial would put her in double jeopardy, and that the judge should have questioned and possibly removed the holdout. Judge William Sullivan ruled that the deadlock made the mistrial a "manifest necessity," so a retrial does not violate her rights. He said further questioning of the juror would have been coercive.

He also denied the defense's requests for records about the juror, and denied prosecutors' request for a gag order on the lawyers' public comments. Prosecutors have not settled on whether to retry her on the same first-degree murder charges or on lesser ones. A further hearing is set to schedule the retrial, which Sullivan has suggested for March.

Clancy's defense says she had postpartum psychosis. Prosecutors say she acted deliberately.

Key figures
  • 11 to 1jury split favoring acquittal on insanity grounds, as the Boston Globe reportsThe Boston Globe
  • 17-page opinionlength of Sullivan's written ruling, per the Boston GlobeThe Boston Globe
  • March 2027retrial start Sullivan has said he would like, per ABC NewsABC News

Three sides of the story

6Liberal5Center3Conservative

14 news outlets reported this

Tap a color or swipe sideways to switch sides.

Liberal6 outlets

The judge's reasoning and what comes next

ABC News quotes the judge's words: the jury's deadlock made a mistrial a "manifest necessity," so a retrial does not violate double jeopardy. The Boston Globe reports that jurors were deadlocked 11 to 1 for acquittal on insanity grounds and cites Sullivan's 17-page opinion. It says the , Timothy Cruz, has yet to say whether he will retry Clancy for first-degree murder.

The Independent says the ruling "potentially" clears the way for a retrial next year and that prosecutors have not settled on the same charges or a reduced one. Yahoo News runs a Reuters wire report that adds the jury notes, the judge's view that they suggested a disagreement among jurors, and Clancy lawyer Martin Weinberg's expectation of an appeal.

Center5 outlets

Judge finds jury deadlock justified the mistrial

UPI's short report says Sullivan rejected the motion, clearing the way for a new trial, and notes that the district attorney's office did not commit to a retrial and did not comment Monday. Newsweek reports that Sullivan found further questioning risked pressuring the holdout juror to change his position, and that the gag-order denial leaves prosecutors free to renew the request. It cites the Associated Press saying prosecutors have indicated they intend to retry her.

BBC News says prosecutors could reduce the charges or dismiss them, and, citing court documents it obtained, quotes Sullivan that seating "an unreasonably stubborn or eccentric juror" is "an unavoidable risk of the jury system." Courthouse News reports a 17-page ruling and quotes it: "A hung jury is a traditional example of manifest necessity." It also names the holdout juror as Michael Desronvil.

Conservative3 outlets

Defense's two legal bids fail before retrial

The New York Post leads with the defense's "two big legal gambits" being "slapped down" by the judge. It calls the holdout juror "controversial" and names him as Michael Desronvil, who has said he had "zero doubt" about Clancy's guilt. It adds that Sullivan also refused to release the juror's questionnaire and information on a prior arrest, and that the open question is whether Cruz seeks first-degree or second-degree murder.

Just the News headlines the refusal to dismiss the charges or question the "holdout juror," and notes that Clancy has admitted the killings. Citing ABC News, it reports the judge's reasoning on the foreperson's notes. It says the gag-order denial "delivered a blow" to prosecutors, who have indicated they will seek a retrial.

What a side did not mention
  • Liberal outlets did not mentionThe holdout juror has been publicly identified as Michael Desronvil Reported by Courthouse News, New York Post
Where outlets disagree
All sources: 14 articles from 14 outlets

Liberal (6)

Center (5)

Conservative (3)

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  5. Judge rules Massachusetts mother Lindsay Clancy can be retried on murder chargesThis story
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A district attorney is the local prosecutor, usually elected, who brings charges under state law. A US attorney is the federal prosecutor for a district, appointed by the president, who brings federal charges.

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