Clancy’s lawyer, Kevin Reddington, says he hopes to negotiate an agreement with prosecutors rather than go through another lengthy trial. A plea agreement could potentially resolve the case without a second jury trial, although the exact terms would have to be accepted by prosecutors and the court.
Prosecutors could also decide to retry the case with a new jury. Because the first jury was deadlocked rather than finding Clancy not guilty, a mistrial does not automatically end the prosecution. The Plymouth County District Attorney has said no final decision has yet been made.
Another possibility is a change in the charges or a negotiated resolution. The defense has argued that Clancy was suffering from severe postpartum psychosis and should not be held criminally responsible, while prosecutors have argued that she understood her actions and was responsible for them.
A status hearing is scheduled for September 29, when the court is expected to consider what direction the case will take. Clancy remains in a state psychiatric hospital while the legal process continues.
The case has also attracted renewed attention because the defense has discussed seeking clemency, although presidential pardon powers generally concern federal offences, while this is a Massachusetts state case.
Bottom line: The mistrial does not mean Lindsay Clancy has been acquitted. The major possibilities are a new trial, a plea agreement, or another legal resolution, with prosecutors and the defense now deciding how to proceed.
