A judge has denied a motion to dismiss charges against Lindsay Clancy in the deaths of her three young children, potentially clearing the way for a retrial in the case next year.
Clancy’s defence team had asked the court to end the case based on an unusual argument that the judge should not have declared a mistrial in September when jurors were unable to reach a unanimous verdict.
They argued that the judge should have removed the one juror who favoured conviction, then allowed jury deliberations to continue.
But Judge William Sullivan disagreed, saying he saw no other option than declaring a mistrial.
“Because the court concludes that there was manifest necessity for a mistrial based on the jury’s deadlock, a retrial on the murder indictments does not violate Clancy’s right not to be placed in double jeopardy,” Judge Sullivan wrote.
Clancy has never denied that she killed her three young children in 2023, but her lawyer has argued that she had postpartum psychosis and was unable to control her behaviour.
Prosecutors have acknowledged that Clancy had mental health problems, but they said she acted deliberately and understood her actions were wrong.
Prosecutors said they intend to retry Clancy, but they have not settled on whether they will pursue the same charges or opt for a reduced charge that might be more palatable for the jury.
The next hearing is on November 16.
On Monday, Judge Sullivan also denied the prosecutors’ request for a gag order while the case remains pending, to avoid influencing a future jury.
Clancy’s lawyer, Kevin Reddington, gave interviews during the trial, while prosecutors generally did not speak to reporters.
Clancy’s lawyers argued that it would amount to an unconstitutional restraint on speech.
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