Lindsay Clancy Is Back To Court. Here’s What’s On The Table.

Lindsay Clancy is back in court Tuesday for the first time since her triple-murder trial ended in a mistrial, with Judge William Sullivan expected to hear arguments that could determine what happens next in the case.

The state could pursue a retrial on the same first-degree murder charges, seek lesser charges, such as second-degree murder or manslaughter, or negotiate a plea deal, which could include psychiatric confinement rather than prison for Clancy. If prosecutors pursue certain lesser charges, Clancy could potentially waive her right to a jury and opt for a bench trial, meaning Sullivan would decide the case. Prosecutors could also ultimately decide not to retry her at all.

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Sullivan declared a mistrial on September 4 after the jury deadlocked 11-1 following roughly 38 hours of deliberations. According to notes from the jury foreperson, 11 jurors were prepared to find Clancy not guilty by reason of lack of criminal responsibility, while a single juror disagreed. That juror, who has been identified as Michael P. Desronvil, has become a focus of Clancy defense attorney Kevin Reddington.

Clancy’s defense team is seeking dismissal on double-jeopardy grounds, arguing that Sullivan should have investigated allegations involving the holdout juror before declaring a mistrial. The defense argues that a retrial would violate Clancy’s constitutional protection against double jeopardy because there was no “manifest necessity” for the mistrial. A jury deadlock generally allows prosecutors to retry a defendant, so it’s unlikely that the defense’s argument there will succeed.

Reddington has also sought an inquiry into Desronvil, raising questions about whether he properly disclosed information during jury selection and whether he used his cellphone or received outside information during deliberations. That inquiry may be delayed after Desronvil’s attorney raised objections to the defense request.

The defense has separately renewed its request for a required finding of not guilty, arguing that prosecutors failed to present sufficient evidence to establish Clancy’s criminal responsibility. Prosecutors have formally opposed that request.

Meanwhile, Plymouth County prosecutors have asked Sullivan to issue a gag order following recent public statements from Reddington and Desronvil’s attorney. The motion argues that Reddington has generated “substantial publicity” before, during, and after the trial and that his statements have “inevitably tainted any further venire” with comments about the prosecution, evidence, and jury deliberations, Fox News reported.

It remains unclear whether Sullivan will issue rulings on the motions Tuesday or take the matters under advisement. If prosecutors decide to pursue a retrial, the court could also address the potential charges and scheduling for a second trial.

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