This report is compiled from court coverage, court filings and official statements. The author did not attend the proceedings. Lindsay Clancy is charged and has pleaded not guilty. She has not been convicted.
Eleven jurors on one side. One on the other. No verdict.
That is how Lindsay Clancy’s murder trial ended on September 4. On Thursday a Massachusetts judge closed one door for her defense and left the biggest question open: can the state try her again?
Judge William Sullivan refused to find Clancy not guilty, ruling in a five-page order that prosecutors presented enough evidence for a jury to decide. Clancy, 36, is charged with murder in the January 2023 deaths of her children: Cora, 5, Dawson, 3, and Callan, 8 months. She has pleaded not guilty.
What to know
- The jury split 11 to 1, and the judge declared a mistrial on September 4.
- On October 1 the judge refused to acquit Clancy, ruling the evidence was enough for a jury to decide.
- On November 2 he will hear three matters: a double jeopardy motion, a request for an inquiry into the holdout juror, and a gag-order request.
- The district attorney has not said whether he will try her again.
The ruling
He wrote that the evidence, physical and circumstantial, would let a rational jury find the elements of murder proven beyond a reasonable doubt. A jury may give little or no weight to defense experts who disagree with the prosecution’s, he added, the Boston Globe reported.
The defense’s argument drew notice at Tuesday’s hearing. Lawyer Kevin Reddington said prosecutors never proved Clancy killed the children, and a prosecutor called that “laughable”. CNN noted that this appeared to contradict the trial defense, which argued Clancy was not criminally responsible rather than disputing the killings.
A trial about her mind
The trial lasted about seven weeks and largely turned on Clancy’s mental state. The defense argued that postpartum psychosis and bipolar disorder left her unable to understand the wrongfulness of her acts or control them. Defense experts testified that she heard a male voice commanding her to kill the children and herself.
Prosecution experts disagreed. A forensic psychologist told jurors he did not believe her claim that she heard a voice. Prosecutors said Clancy used a map app to work out how long her husband’s errand would take, and argued that she planned what followed.
The evening of January 24, 2023
Patrick Clancy left the house at about 5:15 p.m. to buy a children’s medicine and pick up takeout. Pharmacy surveillance shows him inside from 5:32 to 5:37 p.m. He was home again at about 6:09 and called 911 at 6:11.
Cora and Dawson were pronounced dead that night. Callan died three days later at Boston Children’s Hospital. Clancy was found injured after attempting to take her own life. She uses a wheelchair.
Days later, Patrick Clancy, who has since divorced her, asked the public in a statement to forgive Lindsay, as he had.
The one juror at the center
Nine women and three men deliberated for seven days. The foreperson sent the judge two notes, WBUR reported, including one saying a lone juror was preventing a unanimous decision. The jury reported it was split 11 to 1, and the judge declared a mistrial.
The defense says the 11 were ready to find Clancy not guilty by reason of lack of criminal responsibility. It says the holdout refused to follow the judge’s instructions on reasonable doubt. A lawyer for the juror says he had no doubts. In a brief video statement, the juror said the focus should be on the children, NPR reported. Prosecutors oppose any inquiry into him.
The juror’s identity circulated on social media after the mistrial. The Field is not naming him.
November 2: three decisions
Judge Sullivan will hear three matters at the next hearing, according to CBS Boston.
First, the defense motion to dismiss on double jeopardy grounds. In a 34-page motion, lawyer Martin Weinberg argues the mistrial lacked “manifest necessity.” He says the judge did not question the jurors enough, particularly the holdout.
Second, the defense request for an inquiry into the holdout juror, including his phone records and juror questionnaire.
Third, the prosecution’s request for a gag order on lawyers’ public statements.
What to watch
If Sullivan agrees that a retrial is barred, Newsweek explained, the murder case could end without another jury hearing the evidence. If he does not, the district attorney decides whether to try her again and on what charge. Prosecutors say they are still weighing both questions. The judge has also asked both sides to be ready to discuss a possible trial date on November 2.
Away from the criminal case, Lindsay and Patrick Clancy have each filed civil suits against her medical providers, alleging that they over-medicated her and missed signs of a psychiatric emergency. The providers have largely declined to comment.
Why the diagnosis matters
Postpartum psychosis is rare, affecting 1 to 2 in 1,000 births. It involves a break from reality, such as hallucinations or delusions. Postpartum depression is far more common. Estimates run from about 1 in 8 to 1 in 5 mothers. It typically does not involve that break.
If you or someone you know is struggling after childbirth or having thoughts of suicide, call or text 988 in the United States, or the National Maternal Mental Health Hotline at 1-833-852-6262.
