Lindsay Clancy, 36, is due back in a Massachusetts court on Monday as lawyers debate whether she will be retried on charges that she murdered her three children.
Her defense team and state prosecutors are expected to discuss how to proceed. The defense wants the charges dismissed. Prosecutors have signaled they want a new trial before a different jury, according to the BBC report. In their filing, prosecutors wrote that the Commonwealth "should be permitted to continue to pursue justice for Cora, Dawson and Callan Clancy."
Clancy's first trial ended in a mistrial in early September after a 12-person jury could not reach a unanimous verdict on whether the prosecution proved guilt beyond a reasonable doubt. The 36-year-old has not denied killing her children in 2023. Her lawyer, Kevin Reddington, argues she was suffering from severe postpartum psychosis at the time. Prosecutors say the killings were intentional.
Reddington has asked the judge to dismiss the case on double jeopardy grounds and under Rule 25, a Massachusetts provision that calls for a not-guilty finding if prosecutors do not present enough evidence. Prosecutors argue the mistrial was properly declared because the jury was deadlocked, so the motion should be denied.
Judge William Sullivan will hear arguments on several motions Monday. He may rule from the bench or later in writing. He has asked both sides to prepare possible trial dates. Reddington has said he could not be ready for trial before June 2027.
District Attorney Timothy Cruz said in September that prosecutors had not decided whether to retry Clancy. The BBC report says the charges of first-degree murder remain pending until the district attorney's office announces otherwise.