A Plymouth County Superior Court judge declared a mistrial on Sept. 4 after jurors were unable to reach a unanimous verdict following more than five weeks of testimony and roughly seven days of deliberations. The jury was reported to have split 11-1, with the majority prepared to find Clancy not guilty by reason of lack of criminal responsibility.

Clancy, 36, is charged with three counts of first-degree murder in connection with the deaths of her children, Cora, 5, Dawson, 3, and Callan, 8 months, at the family’s home in Duxbury on Jan. 24, 2023. The Plymouth County District Attorney’s Office previously said investigators determined that the children’s deaths resulted from asphyxia and that Clancy was charged after investigators developed probable cause in the case.

Retrial decision remains unresolved

Plymouth County District Attorney Timothy J. Cruz has not publicly announced whether prosecutors will retry Clancy following the mistrial. Options reported in connection with the case include another prosecution on the existing murder charges, pursuit of lesser charges or resolution of the case without another trial.

The Sept. 29 hearing was scheduled by Judge William Sullivan after the mistrial to address the next steps in the case.

The defense is separately seeking to prevent another trial. Clancy’s attorneys have argued that the mistrial should not permit a retrial and have invoked the constitutional protection against double jeopardy. They have also challenged aspects of the jury deliberations and the conduct of the juror who opposed the majority.

Those arguments remain claims by the defense and have not been established as findings by the court.

First trial ended without a verdict

The first trial centered heavily on whether Clancy was criminally responsible for the killings.

Her defense argued that she was experiencing postpartum psychosis and was not criminally responsible for her actions. Prosecutors acknowledged that she had experienced mental-health problems but argued that she understood what she was doing and was criminally responsible for the deaths.

The jury was unable to resolve that question unanimously. Judge Sullivan therefore declared a mistrial after the jury reported that it could not reach a verdict.

Defense seeks dismissal

Clancy’s lawyers have continued efforts to prevent the case from proceeding to a second trial.

Attorney Kevin Reddington said the defense would seek dismissal on double-jeopardy grounds, arguing that there was not sufficient legal necessity for the mistrial. A subsequent defense motion also sought a required finding of not guilty, according to reporting on the filings.

The defense has also sought access to normally confidential jury information and has challenged the circumstances surrounding the juror who prevented a unanimous verdict. The arguments concerning that juror remain disputed and should not be treated as established findings unless the court rules on them.

What happens next

Tuesday’s proceedings could clarify whether prosecutors intend to seek a second trial and how the court will address the defense motions.

A retrial has not been ordered, and prosecutors had not announced a final decision before the hearing. The court could therefore be required to resolve the defense’s legal challenges before any new trial could proceed.

The case remains pending. Clancy remains in state custody at a psychiatric facility while the legal proceedings continue.

Reporting Credit: Plymouth County District Attorney’s Office; Massachusetts Court System; court proceedings and filings reported from the Plymouth County Superior Court.

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