A choose on Monday denied Lindsay Clancy’s movement to dismiss her triple-murder case, clearing the way in which for a possible retrial.
“As a result of the Courtroom concludes that there was a manifest necessity for a mistrial based mostly on the jury’s impasse, a retrial on the homicide indictments doesn’t violate Clancy’s proper to not be positioned in double jeopardy,” Choose William Sullivan wrote.
Sullivan additionally denied a movement to research the holdout juror in her earlier trial, in addition to a prosecution request for a gag order.
Lindsay Clancy listens to prosecutor Jennifer Sprague say that they plan on re-trial, in Plymouth Superior Courtroom in Plymouth, Mass., Nov. 2, 2026.
Greg Derr/Pool/The Patriot Ledger through Reuters
Choose denies Clancy’s movement to dismiss
Sullivan rejected Clancy’s argument that being retried on the identical fees would violate her double jeopardy rights, concluding that the courtroom acted correctly by limiting the inquiry into the holdout juror.
Any additional questioning of that holdout juror “would undoubtedly have a coercive impact,” based on Sullivan.
“The Courtroom understands the frustration of the defendant and the jurors that regardless of the utmost diligence, the jury in the end was unable to succeed in a verdict on this emotionally grueling and sophisticated case. Whereas a celebration could need a process that will increase the percentages of receiving a positive end result to the case, the Courtroom’s major concern have to be defending the equity of the proceedings and avoiding the opportunity of a coerced verdict,” he wrote.
Sullivan additionally pushed again on the protection declare that the holdout juror did not observe the courtroom’s instruction on the legislation.
“Provided that the jury unquestionably had reached an deadlock, the Courtroom didn’t and doesn’t view the foreperson’s notes as dependable proof of Juror Doe’s incapability or refusal to deliberate or observe the legislation,” he wrote.
He additionally rejected proof concerning the holdout juror that got here to mild within the media after the mistrial was declared.
“The Courtroom declared a mistrial after giving counsel a full alternative to be heard and after rigorously contemplating the options proposed by protection counsel. The Courtroom made its choice based mostly on what was recognized on the time. Data that has since come to mild can not serve to undermine that call,” he wrote.
Choose denies request for gag order, for now
Sullivan additionally denied the prosecution’s request for a gag order forward of a retrial, concluding they did not show that out-of-court statements pose “a considerable probability of materially prejudicing the result of the trial or prejudicing the jury venire.”
“The Commonwealth has not sufficiently demonstrated that protection counsel’s extrajudicial speech poses a critical risk of hurt by materially prejudicing the jury venire or the result of any retrial. Due to this fact, the Commonwealth has failed to fulfill its burden to justify the acute treatment of a previous restraint,” he wrote.
In rejecting the movement, Sullivan famous that prosecutors might ask for a gag order once more if the circumstances change forward of a brand new trial, in addition to reminded protection lawyer Kevin Reddington concerning the “moral obligations” within the state’s guidelines {of professional} conduct.
Choose rejects push to research holdout juror
Sullivan rejected a collection of requests from Clancy’s crew to entry data associated to the holdout juror, together with courtroom data from jury choice and deliberations in addition to the holdout’s cellphone data.
“As a result of Clancy has did not exhibit that the requested proof is related and materials to her protection at any retrial of the homicide indictments, the Courtroom declines to train its discretion to order manufacturing. Nor can the Courtroom understand any legitimate justification for inspecting Juror Doe below oath at this level within the proceedings,” he wrote.
Sullivan mentioned turning over the data would violate juror confidentiality in addition to “discourage residents from being keen to function jurors sooner or later.”
“This requested data is, once more, not materials to the defendant’s Movement to Dismiss or related to any retrial. The allowance of this request with out the right foundation or justification could be an improper intrusion into this juror’s privateness and would serve to discourage residents from being keen to function jurors sooner or later,” he wrote.
Choose beforehand mentioned Clancy might face new trial in March 2027
Clancy is due again in courtroom on Nov. 16, when Choose Sullivan mentioned he plans to schedule a trial date for the Massachusetts mom.
Choose Sullivan mentioned he would really like the brand new trial to start in March 2027, although prosecutors haven’t but introduced their plans for retrying the case.
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