What Happens Next for Lindsay Clancy Now That a Mistrial Was Declared in Tragic Murder Case

A mistrial was declared in the case of Lindsay Clancy, who was on trial in Massachusetts after being accused of murdering her three young children — so what happens next?

On Friday, September 4, jurors said they could not reach a unanimous verdict on whether or not Clancy was criminally responsible when she strangled her three children: Cora, 5, Dawson, 3, and Callan, 8 months.

Because the jury remained deadlocked, Judge William Sullivan formally declared a mistrial — which means that the trial resulted in no verdict.

According to Brad Bailey Law, a law office in Massachusetts, if 12 jurors cannot unanimously agree, it is “commonly referred to as a hung jury” in the state.

“If the court ultimately concludes that further deliberations are unlikely to produce a unanimous verdict, the judge may declare a mistrial,” it states on the firm’s website.

A mistrial is not a conviction, but it is not an acquittal either, so Clancy does not go free.

Before the news of a mistrial broke, the Associated Press reported that if it were to be declared, the case would likely go back to its status prior to trial, meaning that Clancy could be charged with murder and held at a psychiatric hospital awaiting a resolution.

Brad Bailey of the aforementioned law firm told the AP that prosecutors could also offer a plea deal to Clancy.

“Any time the threat of a retrial with murder one hanging over the client is re-interjected, defense lawyers will, at the very least, explore whether or not there’s any interest in a resolution,” Bailey said.

Still, prosecutors must first decide whether or not they want to go to trial again with a new jury, according to The Guardian. A jury selection process would begin again, and a new trial would be scheduled. However, per the publication, the charges could potentially be different.

When it comes to Clancy, former federal prosecutor Neama Rahmani told People that he expects prosecutors to pursue the retrial.

“She will be prosecuted,” Rahmani said.

Even days earlier, before the mistrial was declared, Rahmani told the publication, “It is almost 100% certain that the prosecution will retry the case” in the event of a mistrial.

“There are three dead children, and the political pressure on the prosecution to retry the case will be overwhelming,” he said.

The 36-year-old mother — who was found unconscious in an apparent suicide attempt outside her home in Duxbury, Massachusetts, after the children were killed — pleaded not guilty to the charges against her. Her defense attorney has claimed she was suffering from postpartum psychosis.

Opening statements in the trial began on July 27.

While the trial zeroed in on Clancy’s mental health at the time of the killings, the prosecution said (per the AP) that this case was about the three dead children and not about the healthcare system.

“This was and has always been about getting justice for those three little babies. We’re here at this courthouse today because those children are not. … Children were murdered, and it’s our job to seek justice,” District Attorney Timothy Cruz said.

“This case is not about the healthcare system, or about how women are treated in it,” he said. “Those are all important issues. They stir emotion. Sometimes they stir anger. I understand that postpartum depression has impacted the lives of countless women and families, and I sympathize with their struggles. The investigation in these heinous killings, however, did not establish that they were caused by such depression.”