Massachusetts Judge Denies Dismissal Bid in Lindsay Clancy Murder Case, Allows Retrial to Proceed

A Massachusetts judge has denied a motion from Lindsay Clancy’s legal team to dismiss the murder charges against her, paving the way for a second trial after the first concluded in a mistrial when jurors failed to reach a unanimous verdict.

“The court understands the frustration of the defendant and the jurors that despite the utmost diligence, the jury ultimately was unable to reach a verdict in this emotionally grueling and complicated case,” Judge William Sullivan wrote in an order issued Monday, according to The New York Times.

Sullivan rejected the defense’s argument that a retrial would violate Clancy’s Fifth Amendment protection against double jeopardy, which bars prosecuting an individual twice for the same offense. Defense attorneys contended the judge declared a mistrial prematurely and should have questioned the sole holdout juror who voted to convict.

In his ruling, Sullivan determined that questioning the holdout juror, Michael P. Desronvil, during deliberations would have been “impermissibly coercive.” He noted that the remaining jurors had signaled “a disagreement about the substance of deliberations,” rather than any issue with Desronvil’s capacity to participate.

The judge also denied a request from Clancy’s attorney, Kevin Reddington, to investigate the holdout juror. Reddington had sought access to Desronvil’s cellphone records, search history, and confidential jury questionnaire responses. Sullivan ruled that such an inquiry “would be an improper intrusion into this juror’s privacy and would serve to discourage citizens from being willing to serve as jurors in the future.”

In a partial victory for the defense, Sullivan issued a separate ruling rejecting the prosecution’s request for a gag order that would have prohibited Clancy’s lawyers from discussing the case with the media.

Last month, Sullivan dismissed a separate defense motion seeking a judgment of acquittal, ruling that prosecutors had presented sufficient evidence during trial to support the charges that Clancy killed her three children — Cora, 5; Dawson, 3; and Callan, 8 months — in January 2023.

Both parties are expected to meet early next week to discuss the next steps in the case.

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