PLYMOUTH, MASS. (WHDH) - Lindsay Clancy’s defense team and prosecutors were back in court Monday for a hearing where the judge heard several motions, including one asking to dismiss the case, and another regarding the lone holdout juror that led to a mistrial in her murder case.
Judge William Sullivan asked for an update from Prosecutor Jennifer Sprauge on whether they will retry Clancy. Sprague said the state would like to hear his rulings on pending motions before making a decision.
“Has the Commonwealth made a decision on how they are going to proceed in this case?” Sullivan asked.
“Well, your honor, this would be a retrial,” Sprague said. “But what that looks like will depend.”
District Attorney Tim Cruz told 7NEWS that he hasn’t made a final decision.
“There’s all sorts of things we’re waiting on, including judicial decisions. So we will take all the information, then make a methodical determination of what we are going to do,” Cruz said.
Judge Sullivan also heard arguments on a gag order on the attorneys, most notably Clancy’s outspoken Defense Attorney Kevin Reddington.
“You can impose those same restrictions on us. We have no objection to that, because I am not looking for our 15 minutes of fame in this case,” Sprague said.
Reddington sparred with Sullivan over his motion to preserve evidence related to the holdout juror from the first trial, Michael Desronvil. Desronvil has gone public, but Sullivan said he does not want him named to respect his privacy.
Reddington told Sullivan that Desronvil failed to inform the court of a restraining order against him, which was still in effect during jury selection, and about arrests for domestic violence.
“I have evidence this man was not honest on his form,” Reddington said.
“My client answered the questions, as he understood them, to the best of his ability,” said Heath O’Connor, Desronvil’s attorney.
A motion to dismiss Clancy’s case entirely was also argued, as the defense says the holdout juror refused to follow the judge’s instructions concerning reasonable doubt.
No decisions were made on the motions Monday. The case is set to be back in court later this month when Sullivan can set a possible retrial date.
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.
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