Lindsay Clancy case: Prosecutors say retrial or plea deal decision looms in tragic deaths of three children
Lindsay Clancy’s mistrial presents Massachusetts prosecutors with a challenging decision: pursue a second trial or seek an alternative resolution after jurors failed to reach a unanimous verdict.
The former delivery room nurse is charged with murdering her three children and does not dispute her actions.
Instead, her defense argues that mental illness or defect rendered her unable to understand her actions. The first trial ended in a mistrial after jurors could not agree on whether Clancy met the criteria for insanity.
Prosecutors weigh the risk of another deadlocked jury
Jonathan Turley, a Fox News contributor and professor, stated that prosecutors must consider whether they can find 12 Massachusetts jurors who would unanimously reject Clancy’s insanity defense.
“The question is whether they could ever get a jury, particularly in Massachusetts, that would unanimously vote against this defendant,” Turley told the outlet.
He also suggested that prosecutors should weigh the risk of another deadlock against the consequences of dropping the case. He added, “They may find the alternative equally unappealing — to simply walk away and say, ‘There are three dead children here, but we just don’t think we could ever win this case.’”
Former federal prosecutor Neama Rahmani believes negotiating a deal would be preferable. He referenced defense attorney Kevin Reddington’s comments about not accepting a deal that sends Clancy to prison.
Reddington is also open to considering a second-degree murder charge, which could permit a bench trial.
He told Fox News, “I would see Tim [Plymouth County District Attorney Tim Cruz] determine that the case should not go forward and dismiss it, or in the alternative fashion, something where Lindsay gets the mental, physical help that she needs rather than criminal prosecution — because I would not ever, ever in a million years have that woman go to Framingham State Prison.”
Jurors from Lindsay Clancy’s case reveal what led to mistrial
Jurors have provided additional insight into the circumstances leading to the mistrial. Three female jurors told NBC that the panel nearly reached a verdict of not guilty by reason of insanity, but one male juror questioned Clancy’s criminal responsibility.
The foreperson described the deliberations as an “emotional roller coaster” with “lots of crying” and “lots of tears and then hugging.”
She was completing the verdict form when the holdout juror asserted that he would not support an insanity verdict. According to another juror interviewed by WBZ-TV, more than one person disagreed on the verdict, noting, “there were some big personalities in that room.”