Lindsay Clancy returns to Massachusetts court as lawyers debate retrial in children's killings case

Lindsay Clancy, the 36-year-old US woman accused of murdering her three children, will return to a Massachusetts court on Monday as her lawyers and prosecutors debate how the case should proceed. Her first trial ended in a mistrial after a 12-person jury failed to reach a consensus. A jury first heard the case in August 2026 but could not unanimously agree on whether prosecutors had proved Clancy was guilty beyond a reasonable doubt, as required under US law. A judge declared a mistrial in early September. Clancy has not denied killing her children, Cora, Dawson and Callan, in 2023, but her defence team argues she was suffering from severe postpartum psychosis at the time. Prosecutors maintain the killings were intentional. Last week, in response to a defence request to dismiss the trial, prosecutors offered their clearest indication yet that they are seeking a new trial before a different jury. "The Commonwealth [Massachusetts] should be permitted to continue to pursue justice for Cora, Dawson and Callan Clancy," prosecutors said. They could also reduce the charges in a potential second trial or dismiss them altogether. At a court appearance in September, Clancy's lawyer, Kevin Reddington, argued the judge should dismiss the case, while prosecutors said the state had met its burden in proving her guilt. Reddington has also asked for Clancy to be found not guilty under Rule 25, a Massachusetts provision stating a defendant should be acquitted if prosecutors do not present enough evidence at trial. Judge William Sullivan, who said in September he wanted to "get this thing moving", will hear arguments on several motions on Monday. Heather Cucolo, a New York Law School professor and mental health law expert, told the BBC the hearing will likely focus on whether this was a routine deadlocked-jury mistrial or an improperly terminated trial. Reddington may argue that a retrial would violate Clancy's constitutional protection against double jeopardy, though legal experts consider that outcome unlikely. Prosecutors have asked Judge Sullivan to reject the motion to dismiss on double jeopardy grounds, arguing the mistrial was properly declared. "Because a mistrial was properly declared due to the manifest necessity of a deadlocked jury, the defendant's motion to dismiss should be denied," they wrote in the motion. District Attorney Timothy Cruz said in September that prosecutors had not yet decided whether to retry Clancy. "We're doing our due diligence; we're going to continue doing that," he said. "We're going to do what we can for the children. That's what this case is about." Criminal defence lawyer Elyse Hershon told the BBC that Judge Sullivan could rule on whether the case can proceed on Monday or later in writing, and that the district attorney's office could announce its decision before, during or days after the hearing. She noted the three first-degree murder charges remain pending unless the DA announces otherwise, and predicted the judge will push both sides to block off trial dates, with Reddington having said he could not go to trial until at least June 2027 if the case is retried.