Lindsay Clancy status conference set after mistrial in children's deaths

By The Conservative Desk (/journals/conservative-desk)

Outside the courthouse after Judge William Sullivan declared a mistrial on September 4, Plymouth County District Attorney Tim Cruz was heckled by Lindsay Clancy supporters.

"In the end, I bring it all back to the child victims in this case - Cora, Dawson, and Callan. This was and has always been about getting justice for those three little babies," Cruz said.

Lindsay Clancy is scheduled to appear Tuesday, September 29, for a status conference, the first court date since the deadlock. In January 2023 she strangled her three children—Cora, 5; Dawson, 3; and Callan, 8 months—then attempted suicide. She admitted the killings at a trial that ran nearly six weeks. The defense argued postpartum psychosis stripped her of criminal responsibility. The jury could not agree.

That deadlock, and what the court did with it, now frames every motion. On the sixth day of deliberations Sullivan called the jurors to the bench one by one and asked each under oath whether they could apply the law as instructed. The defense says that was not enough. In a filing seeking dismissal on double-jeopardy grounds, Clancy’s lawyers wrote: "Respectfully, the Court's rejection of the multiple requests for judicial inquiry constitutes legal error which led, inexorably, to the mistrial being declared without manifest necessity." Manifest necessity is the high legal threshold that requires a judge to exhaust other options before aborting a trial. The same filing added: "The Court should have instead probed the foreperson's specific complaint in order to make a reasoned decision as to how best to proceed."

Double jeopardy under the Constitution bars the state from retrying a defendant after a mistrial declared without that necessity. The protection is real and must be applied with care. It does not, however, convert every hung jury into an automatic bar, nor does it erase the separate duty of a prosecutor to seek accountability when three children are dead in their home. Cruz has already called the first-degree murder charges warranted and appropriate. Prosecutors have not said whether they will retry.

Kevin Reddington, Clancy’s attorney, filed a separate motion asking the court to enter a finding of not guilty by reason of lack of criminal responsibility. "The Commonwealth had to prove that a woman all six experts agreed was mentally ill nonetheless kept the capacity the law demands. It did not," he wrote. Six mental-health experts, for both sides, did testify that Clancy was mentally ill. The law still required the Commonwealth to prove she retained the capacity the statute demands; illness alone does not equal lack of criminal responsibility. Sullivan had denied two similar routine motions during the trial itself.

The holdout juror remains the sharpest dispute. The jury foreperson told NBC10 Boston that the holdout acknowledged reasonable doubt yet still refused to find Clancy not guilty. Several jurors later told reporters the holdout failed to engage and scrolled a phone during deliberations. The holdout issued his own statement standing by his belief that the evidence showed Clancy was guilty and saying his position had been misrepresented. The defense now seeks that juror’s cellphone records from the deliberation period, his juror questionnaire, and background information tied to his answers about experience with the law. Whether a single juror’s refusal to join an insanity verdict is misconduct or simply the jury system working as designed is the question Sullivan will have to answer with evidence, not pressure.

Juror Nick Dargie has already projected the likely result of a second trial run the same way: "If they tried the trial again the way they did, nine times out of ten, I think a jury would come back with not guilty by reason of insanity. No doubt in my mind." An attorney for Patrick Clancy, the children’s father, stated the human cost plainly: "The prospect of reliving this tragedy through another trial is extraordinarily painful - for Patrick, for his family, and for all of us." Clancy supporters cast her as failed by a healthcare system that overlooks maternal mental health. That claim sits on one side of the ledger. On the other sit three dead children and a prosecutor who refuses to let their names become secondary to the defendant’s diagnosis.

The conservative stake is not complicated. Limited government still means the state must prove every element beyond a reasonable doubt, including capacity. The rule of law still means a single juror may hold out for guilt without being treated as a malfunction. Public safety and the protection of the weakest—an infant and two toddlers—remain the first measure of whether the system worked. Faith and family are not abstractions when a mother kills her own children; they are the wreckage the court is left to sort. Free enterprise and the taxpayer already underwrote a six-week trial; another will cost more, yet the ordinary citizen expects murder charges to mean something when the victims cannot speak.

Reddington has signaled openness to resolving the case short of a second trial, while ruling out any deal that would put his client in jail. Legal observers in Massachusetts have doubted common ground exists. At Tuesday’s status conference the parties are expected to address the double-jeopardy motion, the request for the holdout’s records and questionnaire, and, if Cruz elects to proceed, a schedule for retrial. Sullivan may set a new trial date. The decision that matters most is still unannounced: whether the Commonwealth will again ask a jury to decide if Lindsay Clancy, mentally ill or not, kept the capacity the law demands when she killed Cora, Dawson, and Callan.