Attorneys discuss possible retrial date for Lindsay Clancy retrial

Lindsay Clancy is due back in Plymouth Superior Court Tuesday for the first time since her high-profile Massachusetts murder trial ended in a mistrial due to a hung jury on Sept. 4. The hearing is scheduled to begin at 9 a.m.

• Jurors in Clancy's trial were unable to reach a verdict after 36 hours of deliberations. A mistrial was declared, though Clancy's lawyer Kevin Reddington first filed an emergency appeal with the state's highest court. Reddington argued that jurors should be further questioned after a lone holdout juror, a man, who he said was not following the judge's orders on reasonable doubt. The appeal was rejected and the mistrial became official. 
• Plymouth District Attorney Tim Cruz has not yet said if he will retry Clancy.
• Clancy has pleaded not guilty in the case. She remains charged with first-degree murder in the deaths of her children - 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan - in their Duxbury home in January 2023. It is not clear if Cruz would be open to retrying the case on lesser charges.
• The prosecution argued that Clancy knew right from wrong when she strangled her children with exercise bands. Reddington has admitted Clancy killed her kids, but said she shouldn't be held criminally responsible because she was overmedicated and suffering from postpartum psychosis.

14m ago

Lindsay Clancy prosecutor asks for gag order

The prosecution in Lindsay Clancy's case have filed a motion to preclude prejudicial extrajudicial statements to the media, also known as a gag order. 

If approved, the order would prevent lawyers "from making extrajudicial statements to the media that would have a substantial likelihood of materially prejudicing the criminal proceedings in this matter."

The motion argues that defense attorney Kevin Reddington regularly gave updates outside of court, spoke about witnesses, described Clancy in a positive light and "most disturbing, defense counsel spoke to the media about the deliberating jurors in the case." The prosecution specifically says that Reddington referred to the holdout juror as "he" during a news conference, making it easy to determine the juror was one of three men on the jury.

WBZ-TV and Boston Globe Media Partners filed a motion opposing the gag order. 

Updated 25m ago

What jurors said about Lindsay Clancy trial

Though the list of juror names was impounded after the mistrial, several have chosen to speak out.

One woman who asked to remain anonymous told WBZ-TV there was "so much doubt" and that's why she found Lindsay Clancy not guilty by reason of insanity.

Juror Paula Devlin confirmed to "CBS Mornings" that the jury was split 11 to 1 in favor of finding Clancy not criminally responsible.

After facing scrutiny on social media, the holdout juror eventually released a statement saying, "I didn't have any doubt."

Updated 25m ago

Would Lindsay Clancy's attorney be open to plea deal?

During a recent interview, Lindsay Clancy's defense attorney Kevin Reddington was asked if he would be open to working out a plea deal with Plymouth District Attorney Tim Cruz.

No plea deal was possible during the first trial because Clancy was charged with first-degree murder.

"It's up to Tim," Reddington said. "He could reduce the charge to second-degree [murder]. … I know enough to know it doesn't matter what I'd like. All I know is that I'm not ever going to agree to let this young lady do a day in jail."

25m ago

Mental health resources and hotlines

Postpartum depression and mental health issues have been at the center of Lindsay Clancy's trial. 

If you or someone you know is in emotional distress or a suicidal crisis, you can reach the 988 Suicide & Crisis Lifeline by calling or texting 988. You can also chat with the 988 Suicide & Crisis Lifeline here.

For more information about mental healthcare resources and support, the National Alliance on Mental Illness HelpLine can be reached Monday through Friday, 10 a.m. to 10 p.m. ET, at 1-800-950-NAMI (6264) or email info@nami.org.