Lindsay Clancy is back in court for the first time since her murder trial for strangling her three children ended in a hung jury last month.
The 36-year-old former labor nurse faces a pivotal hearing that could determine whether she is retried for murder, while her defense lawyer will ask to have the case dropped completely.
Prosecutors filed a bombshell motion for a gag order on Tuesday morning asking the judge to bar the defense and others involved in the case from publicly discussing certain aspects of the proceedings.Â
Clancy has admitted killing her children, Cora, five, Dawson, three, and eight-month-old Callan in 2023, but pleaded not guilty by reason of insanity, claiming she was suffering postpartum psychosis.
After a grueling five-week trial, the jury failed to reach a unanimous verdict with one holdout juror, who has since been identified as Michael Desronvil, refusing to join the panel’s consensus.
Since the trial ended on September 4, jurors waived their anonymity to share their stories with the media and accused Desronvil of refusing to follow the law when it came to reasonable doubt.Â
Desronvil denied the allegations and told NewsNation that he ‘didn’t have any doubts’ that Clancy was guilty based on the evidence presented in the courtroom.Â
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Lindsay Clancy prosecutors request gag order
The Lindsay Clancy prosecutors have filed a motion asking for a gag order ahead of her crucial murder trial hearing today.
Plymouth County District Attorney Timothy Cruz has not officially announced whether he will try Clancy again or what charges she would face.
However, the prosecution did file a motion on Tuesday asking the judge to prohibit the 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 also criticized Clancy’s defense attorney, Kevin Reddington, for making statements to the media after the court declared a mistrial in the case earlier this month.
‘Most disturbing, defense counsel spoke to the media about the deliberating jurors in this case,’ the filing stated.
Court will hear arguments on gag order motion on November 2
Judge Sullivan said the motion raises ‘significant constitutional questions.’
Hearing on motion to dismiss scheduled for November 2
Court discusses motion to probe holdout juror
The court scheduled a hearing on the matter for November 2.
Hearing begins
Judge William Sullivan entered the courtroom
He addressed Clancy, and she responded, ‘Good morning, Your Honor.’
Sullivan began by addressing the motions filed.
Lindsay Clancy holdout juror breaks silence: Why he voted GUILTY… and how the others tried to sway him
The holdout juror who refused to acquit Lindsay Clancy has told of how he held firm as the other 11 tried to convince him to find her not guilty by reason of insanity for strangling her three children.
The man, whom NewsNation identified as Michael P Desronvil, told the outlet he ‘didn’t have any doubts’ – refuting the jury foreperson’s earlier remarks.
He said: ‘As I tried to explain different possible theories during deliberations, I kept getting cut off as I had doubts based on the evidence present.’
The juror explained to the network that based on all the evidence he ‘thought it was enough proof that she [Clancy] knew exactly what she was doing and planned’ to kill her three children – Cora, five, Dawson, three, and eight-month-old Callan.
Inside the courtroom
Clancy sits at the defense table, her hair in loose waves and a pale plum short-sleeve blouse.
Her new attorney, Martin Weinberg, is next to her while Reddington is standing, flicking through papers.
Her two nurses are seated in the row behind.
Behind them are Reddington’s son Patrick Reddington, Dr Paul Zeizel, Clancy’s parents, her former colleague Margaret Hamp and Reddington’s publicist.
Clancy’s civil attorneys are also here.
ADAs Sprague and Buckingham are at the prosecution table. Notably, Buckingham is wearing her hair down without a bow.
Plymouth County District Attorney Timothy Cruz arrives at court
District Attorney Tim Cruz arrived at the courthouse.
Lindsay Clancy’s parents arrive at courthouse
Lindsay Clancy’s parents, Mike and Paula Musgrove, arrived at court ahead of her hearing.
They have supported her in court every day of her murder trial.
Kevin Reddington swarmed by media
Lindsay Clancy’s defense attorney, Kevin Reddington, was swarmed by the media as he arrived at the courthouse.
Woman kicked out of courtroom
A woman was kicked out of the Lindsay Clancy courtroom before today’s hearing began.
It appeared that the woman said something to the prosecution team during a contentious moment.
A court officer then escorted her out of the courtroom as she shouted, ‘You can’t ask if society is safe then.’
Lawyer who worked on Karen Read case enters court
Lindsay Clancy’s new lawyer, Martin Weinberg, entered the courtroom.
She hired Weinberg, a veteran Boston defense attorney, to argue that the case should be dismissed on double jeopardy grounds.
Double jeopardy refers to a Fifth Amendment right protected by the Constitution that states no person shall be punished for the same crime twice after being found innocent or guilty.
It is unclear whether a dismissal on double jeopardy grounds will work for Clancy since her first trial ended in a hung jury and no verdict was reached.
Weinberg has represented a slew of high-profile clients, including Jeffrey Epstein, and he argued to have Read’s case dismissed when her first murder trial over the death of her Boston cop boyfriend, John O’Keefe, ended in a mistrial.