BOSTON (WHDH) - The judge in the Lindsay Clancy made three separate rulings Monday, including one to deny a motion to dismiss the case on double jeopardy grounds.
During Clancy’s murder trial, prosecutors argued the mother from Duxbury deliberately strangled her three children, who were 8-months-old, 3-years-old, and 5-years-old at the time, with exercise bands. The children’s father found them in the basement after he had gone to pick up a prescription and dinner. Clancy also attempted to stab herself and jumped out a window of her home. She survived, but is paralyzed and confined to a wheelchair.
In the trial, her defense claimed she was over-medicated and suffered from severe postpartum depression at the time. Her defense did not contest that she killed the children, but argued she should not be held criminally responsible.
A mistrial was declared after the 12 jurors could not come to unanimous consensus.
In the weeks following, Reddington began questioning whether there was any evidence to prove that Clancy killed her children, and even asked President Donald Trump to pardon her.
Clancy’s Defense Attorney Kevin Reddington filed the motion to dismiss the case; arguing that retrying the case would constitute double jeopardy. The double jeopardy clause of the Fifth Amendment protects against being prosecuted twice for the same crime. The judge denied that motion Monday, which opens up the possibility of a second trial.
The judge also rejected a request for a gag order, as well as a request to investigate the lone holdout juror from the first trial.
The next court date is set for next week.
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