Lindsay Clancy’s defense team has asked a Massachusetts judge to investigate the single holdout juror whose vote for guilt led to a mistrial in her case last month, according to a court filing by attorney Kevin Reddington.
Clancy is charged with three counts of first-degree murder in Plymouth County in connection with the strangling deaths of her three children, Cora, 5, Dawson, 3, and Callan, 8 months old. Her defense argued at trial that she was suffering from postpartum psychosis and had repeatedly sought help before the killings.
The trial ended in a mistrial on Sept. 4 after the jury deadlocked 11-1, with all but one juror favoring a finding that Clancy was not criminally responsible due to mental illness or defect. Prosecutors had argued she acted deliberately, understanding it was wrong to strangle her children one by one with exercise bands.
Reddington’s motion asks the court to preserve records from all 12 jurors and six alternates, including juror questionnaires, courthouse hallway surveillance video from outside the deliberation room, and cellphone sign-in sheets. He is requesting a “limited inquiry” into the holdout juror, referred to in the filing only as “Juror Doe” because of a court order protecting jurors’ identities.
The filing also seeks the holdout’s supplemental filings, probation records, and his record from the statewide domestic violence registry. Reddington wants prosecutors to disclose whether they have had any contact with the holdout as a defendant, complainant or subject dating back to January 2021, tied to a February motion prosecutors filed seeking access to prospective juror information.
Reddington is additionally asking for the holdout’s phone records between 8:30 a.m. and 4:30 p.m. on each day of deliberations and an independent examination of his phone use during that period. The motion states that “the court may also hear from Juror No. 10 limited to what he observed of Juror Doe’s phone use.”
The defense wants the holdout questioned about the truthfulness of his juror questionnaire, his voir dire answers, statements he made to the court on Sept. 3, and whether he used a phone or outside information during deliberations.
Separately, Clancy’s attorney has filed a routine motion asking the court to overrule the holdout juror and enter a not guilty verdict, though such motions rarely succeed. Prosecutors have not said whether they will seek a new trial.
