Lindsay Clancy’s Retrial Fight Returns to Court. The Judge Hasn’t Ruled

A retrial question remains unanswered

Updated November 2, 2026, 3:10 p.m. Central

A Massachusetts judge is weighing whether Lindsay Clancy can be tried again on charges stemming from the deaths of her three young children, after a jury deadlocked in her first trial.

At a hearing Monday in Plymouth, Clancy’s lawyers pressed their argument that a second trial would violate the constitutional protection against double jeopardy. Prosecutors oppose dismissal. Judge William Sullivan did not immediately rule and scheduled another hearing for November 16, The Associated Press reported.

The case remains unresolved. A mistrial means the jury did not reach a verdict; it is neither a conviction nor an acquittal.

Why the defense says the case should end

Clancy’s first trial ended in September after jurors could not agree. AP reported that the panel was split 11–1 in favor of acquittal when Sullivan declared the mistrial.

The defense argues that the judge should have removed the juror who favored conviction and allowed deliberations to continue. Prosecutors argue that the mistrial was properly declared and that double jeopardy does not prevent another trial. The judge has not yet resolved that dispute. AP · Boston 25 News

Double jeopardy generally protects a person from being prosecuted twice for the same offense. Whether it blocks a new trial after a deadlocked jury depends on the circumstances and the court’s decision; the competing arguments in this case are not themselves a ruling.

What each side says

Clancy’s lawyer has argued that she experienced postpartum psychosis and could not control her behavior when her children died in 2023. Prosecutors have acknowledged mental health problems but contend that she acted deliberately and understood her actions were wrong, AP reported.

The children were Cora, Dawson and Callan. Their deaths have left a family grieving while the legal dispute continues.

What happens next

Prosecutors said they intend to retry Clancy if the case proceeds, but have not settled on the charges, according to AP. Sullivan suggested a retrial could begin in March; that is a possibility discussed by the judge, not a confirmed trial date.

The pending double-jeopardy request is distinct from an earlier request for a required finding of not guilty, which the judge denied in October. ABC News

The next hearing is scheduled for November 16. Whether the case reaches another trial depends on the court’s rulings and any subsequent proceedings.

Where the hearing took place

The star marks the approximate center of Plymouth, Massachusetts, where the hearing took place. It does not mark a private address.

Map data: OpenStreetMap contributors, ODbL. Open map.

Key court dates

Dates are local to Massachusetts.

January 2023The children die in Duxbury. Boston 25
September 4, 2026The first trial ends in a mistrial after the jury deadlocks. AP
October 1, 2026A judge denies a separate defense request for a required finding of not guilty. ABC News
November 2, 2026The judge hears arguments and does not immediately rule on the double-jeopardy motion. AP
November 16, 2026The next hearing is scheduled. Boston 25