A Massachusetts judge cleared the way on Monday for Lindsay Clancy to be tried again on murder charges for killing her three young children at her home in 2023, saying a retrial would not unconstitutionally subject her to a double prosecution for the same crime.
Judge William Sullivan in Plymouth rejected a bid by Clancy’s attorneys to have the case against her dismissed.
The judge on September 4 declared a mistrial after the jury reported that a holdout juror was preventing it from reaching a unanimous verdict.
The ruling means a second trial can occur next year.
Sullivan has scheduled a November 16 hearing to discuss when to hold that trial, which he has suggested could occur in March.
Defense lawyers had argued that such a retrial would violate Clancy’s protection under the US Constitution’s Fifth Amendment against being tried twice for the same crime, known as double jeopardy.
Lindsay Clancy loses bid to block judge
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