Lindsay Clancy returns to court Tuesday after her murder trial ended in a mistrial, with the next hearing potentially offering a first indication of whether prosecutors will pursue another trial or consider a plea deal. Zuckerman, a criminal defense attorney and former New York prosecutor, told Newsweek that Clancy's defense faces an uphill battle in trying to prevent a retrial. Clancy's attorney, Kevin Reddington, is seeking to block a retrial on double-jeopardy grounds, arguing that Judge William Sullivan could have taken additional steps to address the jury's deadlock and there was not a "manifest necessity" for the mistrial.
However, Zuckerman said he doesn't "think the defense has much of an argument regarding double jeopardy." "The United States Supreme Court has previously ruled that when a mistrial is declared due to a hung jury, the government may retry the defendant," he said. He also noted that judges have "wide discretion" as to when to declare a mistrial after a jury indicates that it is deadlocked. The hearing, at Plymouth Superior Court Tuesday, comes amid a growing dispute over the jury itself.
Reddington has asked the court to investigate the holdout juror, raising questions about his conduct during deliberations and whether he accurately disclosed information during jury selection. Zuckerman said an investigation would be more likely to arise if there were evidence the juror had lied to the court during jury selection, rather than simply because he held an unpopular position during deliberations. The defense is also asking the judge to find Clancy not guilty, arguing that prosecutors failed to present sufficient evidence to establish her criminal responsibility for the January 2023 deaths of her three children.
Zuckerman said that argument is legally distinct from the double-jeopardy claim and, if successful, could end the case without a retrial. "If the court agrees, the case is over," he said. "The standard is whether the evidence, viewed in the light most favorable to the prosecution, would permit a rational trier of fact to find each element beyond a reasonable doubt.
Basically, the defense is asking the court whether any rational trier of fact could find her guilty of each and every element. If the motion is successful, a finding of not guilty by reason of lack of criminal responsibility would be entered, and the prosecution would be unable to retry her." "It is not realistic to expect the judge to resolve complicated legal issues tomorrow," Zuckerman added. However, he did confirm he expects to see one of two things tomorrow: "I am watching for whether the prosecutor indicates they need more time to decide whether they intend to retry Clancy or if they indicate that they are in negotiations regarding a potential deal for reduced charges," he told Newsweek.
Newsweek has reached out to Reddington and Assistant District Attorneys Jennifer Sprague for comment. Clancy, 36, is charged with three counts of first-degree murder in the January 2023 deaths of her children, Cora, Dawson and Callan. Her defense argued during the six-week trial that she was not criminally responsible because she was suffering from postpartum psychosis.
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