Judge sets path for Lindsay Clancy retrial in triple murder case

Judge William Sullivan denied Lindsay Clancy's motion to dismiss her triple-murder case on Monday.

The ruling removes a procedural barrier to a potential retrial of the Massachusetts mother.

Sullivan wrote that a mistrial was necessary because the jury deadlocked. He determined that retrying the murder indictments does not violate Clancy's right against double jeopardy.

The judge also rejected the defense's argument that the court erred by limiting its inquiry into the holdout juror from the previous trial. Sullivan stated that further questioning of that juror would have a coercive effect on the proceedings.

"The Court understands the frustration of the defendant and the jurors that despite the utmost diligence, the jury ultimately was unable to reach a verdict in this emotionally grueling and complicated case," Sullivan wrote in the decision. He added that the court's primary concern is protecting the fairness of the trial and avoiding a coerced verdict.

Sullivan found that the foreperson's notes did not provide reliable evidence that the holdout juror refused to follow the law. He also rejected evidence about the juror that surfaced in media reports after the mistrial was declared. The judge noted that the court made its decision based on information available at the time.

The judge denied the prosecution's request for a gag order ahead of the retrial. Sullivan concluded that prosecutors did not prove that out-of-court statements would materially prejudice the outcome or the jury venire. He stated that the defense lawyer's speech did not pose a serious threat of harm.

Sullivan reminded defense attorney Kevin Reddington of the ethical obligations in state rules of professional conduct. Prosecutors may request a gag order again if circumstances change before a new trial begins.

The judge also rejected defense requests to access court records, phone records, and sworn testimony from the holdout juror. Sullivan wrote that the information is not material to the motion to dismiss or any retrial. He noted that releasing the records would violate juror confidentiality and might discourage citizens from serving on juries in the future.

Clancy is scheduled to return to court on Nov. 16. Sullivan plans to set a trial date at that hearing. The judge indicated he would like the new trial to begin in March 2027.