Lindsay Clancy was back in court this week, but there are limited updates in the case for now as prosecutors weigh whether to retry her for the murders of her three children.
The 36-year-old mom's fate is in limbo after a Massachusetts jury failed to return a unanimous verdict over the 2023 strangulation deaths of her kids, Cora, 5; Dawson, 3; and Callan, 8 months. A mistrial was declared on Sept. 4 after seven days of deliberations. The case has drawn nationwide attention because it hinges on criminal responsibility, also known as an insanity defense.
At a Sept. 29 status hearing – the first since the mistrial – Judge William Sullivan heard arguments on two defense motions, including one for the court to find Clancy not guilty and another on unsealing
some sidebar records and jury notes.
Clancy's defense attorney Kevin Reddington argued at the hearing that prosecutors failed to prove that Clancy killed her three children, calling the evidence "woefully deficient."
Assistant District Attorney Shanan Buckingham contended that Reddington's statements contradicted those made during the trial, calling the argument that Clancy didn't kill her children "laughable."
While the judge did not immediately issue rulings on the motions during the hearing, he has since denied the motion to find Clancy not guilty. He also ordered both sides to return to court in November, where more developments could unfold. Here's the latest.
Lindsay Clancy update: Judge denies motion for not guilty finding
On Oct. 1, Sullivan denied the defense's renewed motion for a required finding of not guilty.
He wrote in his decision that the prosecution's evidence was "sufficient to satisfy any rational trier of fact beyond a reasonable doubt."
Such a motion can be filed within five business days after a jury is discharged under Massachusetts law. Reddington filed it on Sept. 10.
The defense's motion argued that the prosecution's evidence was insufficient in proving Clancy committed the killings and that she was criminally responsible for her actions.
At the Sept. 29 hearing, when the motion was argued, Reddington posited that the investigation into the children's deaths did not prove that Clancy committed the killings.
"Where's the evidence that she did this?" Reddington said.
Buckingham countered that the defense had not raised questions about the identity of the alleged killer until now.
"I'd suggest to you that the entire record is voluminous as to the information supporting the fact that she did this," Buckingham said.
Will Lindsay Clancy be retried?
Prosecutors have not yet announced whether they will retry Clancy.
Plymouth County District Attorney Tim Cruz told reporters outside the courthouse on Sept. 29 that his office is "still working on" a decision about whether to retry her.
"We're doing a very thorough review right now. And we're going to continue to do our job and make sure we do what's best for the interest of justice and the interest of the three children," Cruz said.
At the hearing, Assistant District Attorney Jennifer Sprague told Sullivan that the prosecution wants to see through the remaining motions that have been filed in the case before moving forward with a potential second trial. Reddington agreed.
Both sides have pending motions, including one from the defense requesting records from the holdout juror's cell phone. The prosecution is also pushing for a gag order to prevent Reddington and the attorneys in the case from speaking to the media during proceedings.
What happens next in Lindsay Clancy case?
The parties agreed to return to court for the next hearing on Nov. 2. They will address more motions, including the one about the holdout juror's phone records.
Sullivan told both sides to be prepared to discuss setting a date for a second trial at that hearing.
"My goal in this thing is to get this thing tried as soon as proper without sacrificing anyone's rights, anyone's position," he said. "But I don't want this thing to then just start to kind of get kicked down the road, punted and go forward."
Reddington said he won't be able to do another trial until at least June 2027.
Where is Lindsay Clancy now?
Clancy remains in a psychiatric hospital.
In May 2023, a judge ordered Clancy to undergo mental health treatment at Tewksbury Hospital in Tewksbury, Massachusetts. She has been held there since.
The former labor and delivery nurse remains in a wheelchair, having been paralyzed from the waist down after jumping from a second-story window in a suicide attempt after the children's killings.
Contributing: N'dea Yancey-Bragg
Melina Khan is a national trending reporter for USA TODAY. Keep up with her on X @melinakh and Instagram @bymelinakhan.
This article originally appeared on USA TODAY: Lindsay Clancy's fate remains in limbo. Here's what happens next
