Lindsay Clancy: What happens after a mistrial? Can prosecutors ask for a new trial? Where the case stands now
The judge in Lindsay Clancy’s trial declared a mistrial after the jury could not reach a unanimous verdict and remained deadlocked after a week of deliberations. A mistrial means the trial ends without a verdict, so the defendant is neither convicted nor acquitted.
A mistrial does not mean prosecutors have proven their case, or that the defendant is not guilty. The prosecution could now push forward with their criminal charges and restart the trial with a new jury or negotiate a plea agreement. Prosecutors could also dismiss the charges altogether.
Why a mistrial was declared
Jurors in Plymouth state court spent over 38 hours in deliberations over the charges against Lindsay. The 12-person jury was made up of nine women and three men, and was split 11 to one, per the notes given to the court, The Guardian reported.
Judge William Sullivan declared a mistrial after the jury returned without a verdict for the third time.
The Massachusetts mother faces three counts of murder in the killings of her children Cora, 5; Dawson3; and Callan, 8 months.
According to prosecutors, Lindsay, 35, “acted intentionally, rationally and swiftly” when she fatally strangled her three children at their Duxbury home on January 24, 2023. Her defense attorneys, on the other hand, argued that she is not criminally responsible because she was in the midst of a psychotic episode that stemmed from postpartum mental illness.
Could Lindsay Clancy go free? Can prosecutors ask for a new trial?
Lindsay will not go free – at least not immediately. As lawyers decide what the next steps will be, she will be held under the same murder charges and remain at the mental health facility which currently houses her.
In case a new trial is planned, Lindsay will remain in that facility until it begins. However, her lawyers could ask for a review of her bail situation, according to Heather Cucolo, a New York Law School professor and expert in mental health law, the BBC reported.
Prosecutors could negotiate a plea agreement with Lindsay’s team even if a new trial is being prepared, explained Cucolo.
Prosecutors often ask for a retrial in serious felony cases. In case they do so in Lindsay’s case, the jury selection process will take place once again and a new trial will be scheduled. A new set of jurors will be appointed.
The time it could take to schedule a new trial will depend on various factors, including the court schedule, any legal requests either side may file and how long it could take to line up expert witnesses.
Lindsay pleaded not guilty to the murder charges. If convicted of murder, she faces life in prison without parole. In case she is found not guilty due to a lack of criminal responsibility, she would be committed to a state mental health facility.
