Clancy Mistrial: DA Weighs Retrial, Plea Deal
Clancy Mistrial: DA Weighs Retrial, Plea Deal

The News
Plymouth County District Attorney Timothy Cruz must decide whether to retry Lindsay Clancy for the killings of her three young children after her murder trial ended Friday in a mistrial, and legal analysts say a plea deal is the likelier outcome.
Judge William Sullivan declared the mistrial after jurors said they could not agree on whether Clancy was criminally responsible when she strangled 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan at the family's Duxbury, Massachusetts, home on Jan. 24, 2023.
Clancy has never disputed killing the children. Her lawyers argued postpartum psychosis and severe mental illness left her unable to understand the wrongfulness of what she did; prosecutors argued she knew exactly what she was doing and arranged to be alone with the children first.
The murder charges stand. Clancy remains at Tewksbury Hospital, the psychiatric facility where she has been held for three years.
The Jury Fight
The 12-person panel — nine women and three men, according to the New York Post — deliberated more than 38 hours across seven days and sent Sullivan three notes saying it was deadlocked, on Tuesday, Wednesday and Friday.
The foreperson told the court that a single juror was allegedly refusing to follow the judge's instructions on reasonable doubt. Defense attorney Kevin Reddington pushed to have that juror removed or questioned further. Sullivan refused.
"I don't feel it is proper for me to side with one side or the other of the deliberations," Sullivan said, according to The National Desk. "I don't feel it's appropriate for me to say, 'I agree with one juror or the 11.'"
Court officials have not officially confirmed the split or which verdict the majority favored. Reddington has said the defense was one juror away from an acquittal.
Timeline
Clancy strangles Cora, Dawson and Callan with exercise bands at the family's Duxbury home, then jumps from a second-story window in an attempt to kill herself.
The trial opens in Plymouth Superior Court. Patrick Clancy, her ex-husband and the father who found the children's bodies, is the first witness. Jurors hear the recording of his 911 call.
Clancy listens to video witness testimony in court, in what becomes a six-week trial.
The jury sends three separate notes reporting deadlock, on Tuesday, Wednesday and Friday.
Reddington wins an hour from Sullivan to file an emergency appeal to the Massachusetts Supreme Judicial Court, arguing the holdout juror was biased and refusing to follow instructions on reasonable doubt. Associate Justice Dalila Argaez Wendlandt denies it, according to CBS News Boston. Sullivan declares a mistrial.
Patrick Clancy issues a statement through his attorney calling the prospect of a second trial "extraordinarily painful." A Boston Herald column predicts Cruz will settle the case.
Reactions
Cruz did not commit to a retrial. "This was and has always been about getting justice for those beautiful babies," he told reporters outside the courthouse. "Children were murdered, and it's our job to seek justice." He said there would be no immediate decision, and added that as a father and grandfather he could not imagine the families' grief.
Patrick Clancy, speaking through attorney David Meier, thanked the court and the jurors for "their hard work, their commitment, and their perseverance." The statement continued: "The loss of Patrick's children is something from which he will never recover and from which there will never be closure. The prospect of reliving this tragedy through another trial is extraordinarily painful — for Patrick, for his family, and for all of us." Patrick Clancy has said in interviews since the deaths that he forgives his ex-wife because she was ill.
Former federal prosecutor and former acting ICE director Jonathan Fahey told The National Desk that Sullivan handled the juror dispute correctly. "The whole system requires a unanimous jury, and if you take the juror off, that makes it not unanimous," Fahey said. "It doesn't seem inherently fair." He said a lone-holdout hung jury is not rare, but the public fight over it was: "I can't think I've ever seen" it play out this way.
Fahey said prosecutors in a lower-profile case might walk away if 11 jurors favored acquittal, but that three dead children make that unlikely. "They may try to work out a compromise on a second-degree murder or something else, but I don't think they're going to walk away from it," he said.
Boston Herald columnist Wendy Murphy went further, writing that Cruz "will agree to a plea deal when the heat dies down" and predicting Clancy is found not guilty by reason of insanity and confined to a locked mental facility. "The first trial was a budget buster," Murphy wrote, arguing the vote she describes as 11-1 for insanity means Cruz "can never win a guilty verdict."
What's Next
Reddington is expected to argue a Section 25(b)(2) motion at Clancy's next hearing on Sept. 29, asking Sullivan to set aside the hung-jury result and rule from the bench that she is not criminally responsible. If granted, it would shield her from a second trial.
Boston defense lawyer Peter Elikann, who is not connected to the case, told the New York Post the motion is a long shot. "The granting of [such] a 25(b)(2) motion is rare in the extreme," he said. "Most judges go through their entire career without even granting one of those once." Elikann said he could recall only one succeeding in Massachusetts — the 1997 reduction of British au pair Louise Woodward's second-degree murder conviction to manslaughter.
Cruz's options are to retry the case, seek a conviction on a lesser charge, negotiate a plea, or drop the charges. He has set no timeline.
The jurors' names are impounded for 14 days and become publicly accessible Sept. 18.
More
The stakes of the legal question are stark. A first-degree murder conviction in Massachusetts carries life without parole. A verdict of not guilty by reason of insanity means indefinite commitment to a forensic psychiatric hospital, with release requiring sign-off from both doctors and a judge.
Either way, Clancy is not going home soon. Boston.com reported that whatever comes next, her future is unlikely to include freedom for a long time — the open question is whether the confinement is a prison or a hospital.
Fahey said that if prosecutors do go again, they will likely reexamine the first trial for what to change: "They may take a look back and say, 'Hey, our strategy of doing it didn't work. Are there ways we could do things better?'"
Poll
What should the Plymouth County DA do next in the Clancy case?
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