Citing “significant and divisive attention in Massachusetts, nationally and internationally,” the judge who oversaw Lindsay Clancy’s mistrial ordered confidential juror questionnaires to remain impounded and extended the order preventing the release of the full list of jurors’ names.
Judge William Sullivan originally ordered the juror list impounded for two weeks after a mistrial was declared, but has extended the order “until and unless otherwise ordered by the court.”
The order, however, does not “preclude any juror from identifying himself or herself and/or from speaking to the public about his or her jury service.”
Sullivan also said the jurors’ confidential questionnaires would remain sealed.
“Court concludes that there is a risk of immediate and irreparable injury should the (questionnaires) be made available to the public at this time,” Sullivan said, adding, “Said questionnaires do not constitute a public record” under Massachusetts General Laws.
Clancy’s lead attorney, Kevin Reddington has asked the court to investigate a holdout juror from her mistrial, including reviewing the juror’s confidential questionnaire and determining whether it was completed truthfully.
Clancy was accused of murder in connection with the strangulation deaths of her three children in 2023. Throughout the case, her defense did not dispute that she killed the children but argued that she should not be found criminally responsible because she was in the throes of postpartum psychosis at the time.
Her trial began with jury selection July 20 and ended in a mistrial Sept. 4 with a hung jury.
Defense wants charges dismissed
Earlier this week, Clancy’s team filed a motion seeking to dismiss her case, arguing that retrying her after this month’s mistrial would violate her constitutional protection against double jeopardy.
In the filing, Clancy’s attorneys argued that Sullivan ignored repeated warnings that a juror was refusing to follow the law and the court’s instructions. The defense contends there was no legal basis for declaring a mistrial under those circumstances.
Clancy’s next hearing is scheduled for Sept. 29, which will likely determine the future of the case. The state has not yet announced whether it will retry Lindsay Clancy.
