Lindsay Clancy, the Massachusetts woman accused of killing her three children in 2023, will be back in court Monday for a hearing that could determine whether she will face a retrial.Her defense team is expected to argue that she can’t be retried on double jeopardy grounds, meaning a defendant cannot be prosecuted twice for the same crime in a bid to have the charges dismissed.In a motion Thursday, the prosecution asked the judge to reject Clancy’s motion to dismiss charges against her, arguing they have a right to seek justice for her three slain children, even though the first trial ended in a mistrial in September.Clancy’s defense attorney, Kevin Reddington, however, indicated in the last week of the trial that he was ready to start a retrial as soon as possible.Days after the judge declared a mistrial in the state case, he also asked President Donald Trump to pardon his client.
Presidents can pardon only federal offenses.The defense will also argue to preserve juror records and to investigate the lone holdout juror, whom other jurors have said was the sole roadblock to a unanimous decision.Prosecutors are expected to file a motion Monday that bars lawyers and law enforcement involved in the case from speaking to the media.Clancy is accused of strangling her three children — Cora, 5, Dawson, 3, and Callan, 8 months old — with exercise bands on the evening of Jan.24, 2023, before throwing herself out of her bedroom window in a suicide attempt that left her paralyzed and in a wheelchair.During her trial, Reddington argued that Clancy was experiencing postpartum psychosis and was compelled to act on auditory hallucinations when she carried out the killings.Prosecutors, however, have said she was aware of her actions and planned the murders ahead of time.
She was not actually in psychosis when she killed the children, they said.It remains unclear whether both sides will argue the same fact patterns if there is a retrial.The jury deadlocked three times, fo...