BOSTON (WHDH) - Lindsay Clancy’s defense team said it wants to present evidence during a court hearing next month about the lone holdout juror, and whether to dismiss the case.
Her defense is set to argue that the case should be dismissed on double jeopardy grounds. The double jeopardy clause of the Fifth Amendment protects against being prosecuted twice for the same crime. Her team said they also want the judge to conduct a limited inquiry into the lone holdout juror that led to the declaration of a mistrial after the group could not come to a unanimous decision in seven days of deliberation.
Clancy’s Defense Attorney Kevin Reddington argues that his client has a constitutional right to present evidence supporting their arguments.
The District Attorney has not yet announced whether prosecutors intend to retry Clancy for the deaths of her three young children.
During her 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 (PPD) 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.
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