Prosecutors reveal six jury notes in Clancy mistrial, oppose dismissal bid

Mixed · 2Prosecutors have asked a Massachusetts judge to reject Lindsay Clancy's motion to dismiss the charges against her, arguing the state may keep seeking justice for her three children even though her trial ended in a mistrial. 1 2 Left · 1The prosecution wrote that "a mistrial was properly declared due to the manifest necessity of a deadlocked jury," so the motion should be denied and the Commonwealth allowed to pursue justice for Cora, Dawson and Callan Clancy. NBC News said the motion was filed Monday. 1 Left · 1The defense moved to dismiss on double jeopardy grounds, which bar prosecuting a defendant more than once for the same crime. Prosecutors say that standard does not apply because no verdict was reached, and that the remedy for the stalemate is a new trial. 1

Right · 1According to the New York Post, the prosecution papers reveal that the jury foreperson sent six notes before the judge declared a mistrial on Sept. 4. 2 Right · 1On Aug. 28, jurors asked to see the pill bottles and knife Clancy used in a suicide attempt. On Sept. 2 they sent their first note saying they were unable to reach a unanimous verdict. The next day they sent a similar note, and Judge William Sullivan then read the so-called "Tuey-Rodriguez" charge urging them to continue. 2 Right · 1On Sept. 3 the foreperson wrote that a juror was unable to follow the instruction on reasonable doubt. Sullivan questioned jurors one by one, and all confirmed they could follow his instructions. An hour later another note said the redacted juror had acknowledged doubt but refused to apply it to the verdict as the law states. The final note, on Sept. 4, said the panel could not reach a unanimous decision and would not be able to. 2

Mixed · 2After the trial, several jurors said 11 of the 12 were prepared to find Clancy not guilty by reason of insanity, and they have said the holdout failed to follow the reasonable doubt standard. The holdout, identified as Michael Desronvil, says he is standing by his position and has been harassed since the trial. Through his lawyer, Edward Paltzik, he said the evidence showed Clancy knew what she was doing and planned it, and that he "didn't have any doubts". 2 1 Left · 1Defense attorney Kevin Reddington responded Wednesday that a new trial without an investigation of jury misconduct would subject Clancy to "successive prosecution" and that the prosecution's position "flies in the face of centuries of Double Jeopardy jurisprudence," according to NBC News. 1 Mixed · 2Clancy, 36, of Duxbury, is accused of strangling her children Cora, 5, Dawson, 3, and Callan, 8 months, in 2023. Her defense argued she was in the grip of severe postpartum psychosis and was not criminally responsible. The prosecution argued she was not in psychosis and planned the killings. 2 1