Today in court
• Status hearing: Judge William Sullivan is expected to address pending defense motions and a potential retrial in the Lindsay Clancy case at a hearing today, signaling how the case will proceed following a month of uncertainty.
• Dayslong stalemate: The triple-murder trial ended in a mistrial after a single holdout juror prevented the panel from reaching a unanimous verdict on whether Clancy should be held criminally responsible for killing her children.
• Legal battle: Plymouth County District Attorney Timothy Cruz has not yet announced if he will retry the case. Clancy’s legal team filed a motion to dismiss the charges, arguing that a second trial would violate protections against double jeopardy.
Clancy's lawyer and district attorney arrive at court
Lindsay Clancy’s defense attorney Kevin Reddington and Plymouth County District Attorney Timothy Cruz have arrived at Plymouth District Court ahead of today’s status hearing.
Reddington took a route that avoided walking through much of the crowds of journalists and members of the public who were lined up outside the courtroom, shaking hands with a few court officers before entering. When asked by a reporter if he ever had a client who garnered this level of attention, he replied, “no.”
While entering the courthouse, Cruz said “perhaps” he would speak following the hearing, but declined to comment further on his prosecutorial plans.
Patrick Clancy says he lives with grief of losing children every day
Patrick Clancy, the ex-husband of Lindsay Clancy, testified about her mental decline during the first trial and talked about family life in an emotional two days on the stand.
The case, which garnered a whirlwind of public attention, brought the death of his three children back into the spotlight.
Plymouth County District Attorney Timothy Cruz has yet to decide if his office will retry the case, which he said was always focused on “getting justice for those three little babies.” The parties are expected to address the potential of a retrial at the status conference today.
In a statement, an attorney for Patrick Clancy said, “The prospect of reliving this tragedy through another trial is extraordinarily painful – for Patrick, for his family, and for all of us.”
“I think I did the best I could with what I had at the time, and I live with the outcome,” he recently told CBS correspondent Ross Douthat on “60 Minutes.”
“I live with it every day, but I think I did the best I could,” he said.
What is double jeopardy and how will it come up in court?
Lindsay Clancy‘s attorneys have argued that she cannot be retried on the three murder charges she faces because it would violate her rights as to double jeopardy.
At the state and federal level, there are laws that prohibit the trial or punishment for the same crime twice.
Clancy’s motion to dismiss, expected to be addressed in court today, argues that Judge William Sullivan did not consider her double jeopardy rights when he incorrectly declared a mistrial earlier this month.
By declaring a mistrial over objections from the defense, Clancy’s defense team says a new trial would violate her rights.
What to know about Lindsay Clancy’s attorney, Kevin Reddington
With a decades-long career focused on mental health, trauma and criminal responsibility, veteran Massachusetts attorney Kevin Reddington became an unlikely celebrity while defending Lindsay Clancy.
His postpartum psychosis defense brought renewed attention to maternal mental health — and drew a devoted following online and outside the courthouse — before the case ended in a mistrial.
CNN’s Kara Scannell dives into who Reddington is:
With a decades-long career focused on mental health, trauma and criminal responsibility, veteran Massachusetts attorney Kevin Reddington became an unlikely celebrity while defending Lindsay Clancy against charges that she killed her three children. His postpartum psychosis defense brought renewed attention to maternal mental health — and drew a devoted following online and outside the courthouse — before the case ended in a mistrial. CNN's Kara Scannell reports.
Holdout juror says focus should be on "three angels"
After Lindsay Clancy’s trial ended in a hung jury split 11 to 1 for acquittal, her defense attorney Kevin Reddington criticized the lone holdout juror as a “liar” and said he “robbed” the other jurors of a verdict.
But the lone juror had “zero doubt” and “a mountain of evidence” to support his position, his attorney, Edward Paltzik, told Fox News on Monday.
In a video statement to Fox News, the juror, Michael Desronvil, thanked people who have supported him and said he didn’t want the focus on himself.
“I know the whole focus has been on me, but we want to reel everything back and put the focus on the three angels that (are) at hand, the ones that can’t speak for themselves, the ones that can’t defend themselves, and the ones that can’t fight the battles – and those are Cora, Dawson, and Callan,” he said.
Paltzik said Reddington is “clearly attacking the Sixth Amendment,” by threatening the constitutional right to a fair trial decided by an independent and impartial jury. Reddington is “off the rails” because he “lost out on his legacy moment,” he said. Paltzik intends to file a bar complaint against Reddington, saying his conduct falls short of professional standards.
Paltzik went on to praise the lone juror, calling him “a man of faith” who is grateful for the support he’s received. The juror endured enormous pressure during jury deliberations, Paltzik said.
Reddington responds: Reddington told Fox News he rejects accusations that his call to investigate the juror are an attack on the Constitution, saying “every motion that has been filed is legitimate” and that he’s doing what any attorney in his position would do on behalf of his client.
CNN has reached out to Reddington for comment.
Prosecution files motion opposing defense request to find Lindsay Clancy not guilty
The prosecution in the Lindsay Clancy case has just filed two motions, including one opposing the defense’s request that the judge enter a finding of not guilty by reason of lack of criminal responsibility.
Such a filing by the defense is fairly routine, and the judge previously denied two similar motions Clancy’s attorney Kevin Reddington made during the trial.
In Tuesday’s motion, the prosecution asserts the evidence presented at the trial was “sufficient to permit any rational trier of fact” to find the “essential elements” of murder and criminal responsibility beyond a reasonable doubt.
In their second motion filed today, Plymouth County Assistant District Attorneys Jennifer Sprague and Shanan Buckingham requested that Clancy’s lawyers be prohibited from making “extrajudicial statements to the media” that could prejudice proceedings.
The motion noted Clancy’s defense counsel’s dealings with the media during the trial, as well as televised interviews that were given to outlets including CNN.
Where is Lindsay Clancy now and what is her legal status?
Lindsay Clancy has been held at Tewksbury Hospital since 2023 and will continue to stay there in the wake of her mistrial, defense attorney Kevin Reddington said.
The hospital, about 30 miles north of Boston, has 370 beds and “provides comprehensive treatment, care, and comfort to adults with medical and/or mental illnesses,” according to its website .
Testimony during the trial offered some details of her life there, including her mundane daily activities and ongoing medical and mental health issues.
“She is extremely, extremely well-regarded and well-liked on that unit, by everyone,” said Dr. Paul Zeizel, a clinical and forensic psychologist who met with Clancy about 60 times.
Clancy has a diagnosis of bipolar II disorder at Tewksbury and remains on several medications for her mental health, according to trial testimony. Clancy is under constant 1-to-1 supervision due to concerns about suicide, Zeizel said.
No legal resolution yet: The mistrial left Clancy without a clear legal resolution and she is being held at Tewksbury without bail on her murder charges.
Clancy is currently charged with three counts of first-degree murder. In Massachusetts, the most severe murder charge requires a jury trial. The district attorney could also offer the defense an opportunity to plead guilty to a lesser charge and avoid a second trial.
Her defense has argued that she should not be held criminal responsible for the killing of her children because she was suffering from postpartum psychosis.
How a holdout juror blocked the panel from reaching a unanimous verdict
On the sixth day of deliberations in Lindsay Clancy’s murder trial, the jury had sent a note indicating they were split 11 to 1, alleging a lone holdout would not follow the law on reasonable doubt.
Clancy’s defense attorney Kevin Reddington verbally sparred with the judge as he pushed for the panel to continue deliberating.
But the next day, after the jury’s final note declared their impasse unbreakable, Judge William Sullivan firmly stated he would not send them back to the deliberation room.
“I don’t feel I have any choice but to declare a mistrial,” the judge said, prompting gasps in the courtroom. Still, he gave the defense one hour to file an emergency appeal, which was ultimately denied by the Supreme Judicial Court.
As Sullivan declared the mistrial, one female juror closed her eyes, nodded slowly and bowed her head.
“Each one of you knew how long the case was going to go. You knew how difficult the case was going to be to listen to facts-wise, but still, you braced for that duty,” the judge told them, expressing his gratitude for their weeks of work.
One female juror shook her head. None of the jurors turned to look at Clancy as they exited the courtroom.
Clancy supporters gather outside courthouse
In addition to the Lindsay Clancy supporters in line for the courtroom, a group of about 10 women wearing pink have gathered outside the courthouse to show support for Clancy and raise awareness of postpartum mental health issues.
“We need to learn how to prevent this and not focus on how to prosecute this,” said Megan Dempster, a Plymouth, Massachusetts, resident wearing a baby pink jacket.
“It’s just really important for us to just kind of silently let her know that there are many, many moms and women who know that on any given day after childbirth, they could be in her shoes,” said fellow Plymouth resident Nicole Manfredi. “We know that, and we want her just to feel a little less judged and a little more supported.”
Defense filed a motion to dismiss Clancy case, arguing double jeopardy
Lindsay Clancy’s legal team filed a motion last week to dismiss the murder charges against her, arguing another trial would violate her rights protecting her from double jeopardy.
The filing argues Judge William Sullivan improperly declined defense requests to question a holdout juror or the jury foreperson, who indicated in two notes to the court that one juror was not following the law as to reasonable doubt.
Clancy’s defense says the judge declared a mistrial without “manifest necessity” — a high bar that means all other options to reach a verdict were exhausted.
Whether the juror would’ve been excused after an inquiry during the trial is moot, according to the defense motion. It is now only relevant that the judge chose not to question the jurors further and so did not reach the burden of “manifest necessity” required to call a mistrial.
Clancy’s lead defense attorney Kevin Reddington, filed other post-trial motions seeking access to the jurors’ questionnaires and asking the judge not to impound jury notes and transcripts of sidebar discussions related to the situation.
The jury notes and sidebar transcripts are “crucial” to Clancy’s motion to dismiss, the motion says.
Sullivan is expected to address pending defense motions and a potential retrial at the status hearing today.
Prosecutors have not announced if they will retry the Lindsay Clancy case
Plymouth County District Attorney Timothy Cruz has not announced if he would retry Lindsay Clancy on murder charges after the case ended in a mistrial earlier this month.
The issue will likely come up at today’s status conference in front of Judge William Sullivan.
The judge previously told parties he’d like to retry the case later in the fall, but ultimately, the decision to pursue another trial is up to Cruz, a longtime Republican prosecutor whose office runs an advocacy center that serves child abuse victims.
Trying the case again depends on many factors, including the seriousness and strength of the case, probability of proving it in the next trial and serving the public interest, according to CNN legal analyst Joey Jackson.
The issue for future jurors is not whether they heard about the case, but whether, even having heard about it, they can base a fair decision on the evidence presented in court.
Clancy is currently charged with three counts of first-degree murder. In Massachusetts, the most severe murder charge requires a jury trial. The district attorney could offer the defense an opportunity to plead guilty to a lesser charge.
Lawyers will be in court for status hearing on Lindsay Clancy case
Lawyers will be in court today to discuss what happens next after the murder trial of Lindsay Clancy ended in a mistrial earlier this month.
Clancy’s legal team filed a motion last week to dismiss the murder charges against her, arguing another trial would violate her rights protecting her from double jeopardy.
Reddington filed a separate motion asking the judge to enter a finding of not guilty by reason of lack of criminal responsibility, arguing the Plymouth County District Attorney’s Office did not present sufficient evidence that Clancy is criminally responsible for her actions.
But, the district attorney has the final say about whether or not to pursue a new trial. The next steps could also include a possible plea.
Clancy’s defense attorney, Kevin Reddington, has indicated he is open to working with prosecutors to avert a second trial, though he told CNN’s Anderson Cooper he would never agree to a deal in which his client would serve any jail time.
At the status conference today, the parties are also expected to address the defense’s motion asking the judge to further investigate the lone holdout juror by obtaining some of his cellphone records and questioning him.
A reminder of some of the key points the jury heard during Clancy's trial
A Massachusetts judge declared a mistrial in the case of Lindsay Clancy, the former nurse accused of murdering her three children, after jurors deadlocked and were unable to reach a verdict earlier this month.
The jury deliberated for about 38 hours over seven days. Jury notes indicated the 12-person jury, made up of nine women and three men, was split 11 to 1, but any verdict must be unanimous.
A mistrial ends the trial without a clear resolution and leaves open the possibility of a retrial with a different jury.
Here’s a recap:
- The prosecution called more than 70 witnesses during its case in chief as it tried to prove Clancy deliberately murdered her children.
- Clancy’s friends and family testified she was a loving mother and dedicated nurse who spent months wrestling with her mental health after giving birth to her third child in May 2022.
- Patrick Clancy, the prosecution’s first witness, spent two days on the stand describing her downward spiral despite her efforts to seek psychiatric treatment.
- In the months before the killings, multiple medical providers gave Clancy various prescriptions that were frequently changed at her request to address her anxiety, insomnia and a growing list of reported side effects.
- As Clancy’s mental state further deteriorated in December 2022, she reported suicidal ideation to her providers but never mentioned wanting to harm her children — though her mother and former husband testified she told them about such “intrusive thoughts” that month.
- On the day of the killings, Lindsay Clancy sent her then-husband to pick up dinner and visit the pharmacy. She strangled the children with exercise resistance bands, cut her wrists and neck, and jumped from a second-story window, leaving her partially paralyzed.
- Clancy’s defense attorney blamed his client’s worsening mental state on “lousy medical care” and alleged her providers failed to thoroughly research her symptoms and medical history.
- The defense called witnesses who said Clancy told them after the killings she had heard a male voice instructing her to kill the children and herself, which defense experts described as a “command hallucination” that was evidence of psychosis.
