Clancy Lawyer Seeks Dismissal After 11-1 Mistrial Split in 2023 Child Killings Case
Updated
Updated · CBS New York · Sep 9
Clancy Lawyer Seeks Dismissal After 11-1 Mistrial Split in 2023 Child Killings Case
3 articles · Updated · CBS New York · Sep 9
Summary
Sept. 29 is when Lindsay Clancy’s lawyer says he will move to dismiss the murder case, arguing a retrial is barred because the mistrial lacked “manifest necessity.”
An 11-1 jury split emerged after more than seven days of deliberations, with the foreperson alleging one juror acknowledged reasonable doubt but refused to apply the law.
Judge William Sullivan denied defense requests to remove or further question that juror before declaring a mistrial on Sept. 4, a step Clancy’s attorney now says was improper.
Caroline Polisi called the double-jeopardy bid a long shot because mistrials usually allow retrial, though a win would free Clancy; prosecutors have not said whether they will try the case again.
Clancy is charged with killing her three children in Duxbury on Jan. 24, 2023, while her defense says she was overmedicated and suffering postpartum psychosis.