Lindsay Clancy’s defense attorney has asked a judge to allow the presentation of evidence and the calling of witnesses at an upcoming hearing in Plymouth Superior Court. The hearing concerns a holdout juror and the question of whether first-degree murder charges against Clancy should be dismissed.

The defense contends that Judge William F. Sullivan erred in declaring a mistrial on September 4 after the jury reported it was deadlocked 11-1. Sullivan had previously denied a request to excuse the holdout juror or to inquire further into claims by other jurors that the individual was not following the court’s instructions on the law. A single justice of the state’s highest court also denied an emergency appeal seeking intervention.

Clancy’s lawyers are now urging the court to dismiss the murder charges on double-jeopardy grounds. They argue that she has a constitutional right to present evidence at the November 2 hearing. In the filing, attorney Kevin Reddington stated that due process requires a hearing when a motion raises a substantial question of juror bias or outside influence, and that deciding disputed facts without evidence would not provide a meaningful opportunity to be heard.

The defense has requested a limited inquiry into the holdout juror. Materials sought include the confidential questionnaire completed before jury selection, cell-phone records reflecting activity during deliberations, and court records related to the juror’s background.

In a statement released through counsel after the mistrial, the holdout juror said he did not have doubts that prosecutors had proved Clancy was criminally responsible.
Clancy, 36, faces three counts of first-degree murder in connection with the deaths of her three children at the family’s home in Duxbury on January 24, 2023. She has acknowledged the acts but maintains she is not criminally responsible due to a mєntal-health condition. Prosecutors allege the acts were premeditated. After the incident, Clancy sustained serious injuries that left her paralyzed from the waist down.

Plymouth District Attorney Timothy Cruz has not yet announced whether the office will retry Clancy on the original first-degree murder charges. If the charges are reduced to second-degree murder, Clancy could waive a jury trial and have a judge decide the case.

Last week, Judge Sullivan denied a defense request for a directed verdict of not guilty, ruling that the prosecution had presented sufficient evidence for a jury to determine the question of criminal responsibility.