Will Lindsay Clancy face a new trial?
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Clancy → face → trial
What's next after mistrial declared
Mother accused of killing her 3 children will remain in psychiatric facility
WARNING: This article contains details about violence against children and attempted suicide.
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article → declare → children
After seven days of deadlocked jury deliberation, the highly divisive murder case against Massachusetts mother Lindsay Clancy, accused of killing her three children, has ended in a mistrial.
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case → deadlocke → mistrial
The judge declared a mistrial Friday after the 12-person jury failed to reach a unanimous verdict.
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jury → declare → verdict
Clancy admitted to strangling her three children and attempting to take her own life in 2023, but her lawyers said she was not criminally responsible for her actions while suffering from a rare condition called postpartum psychosis.
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she → admit → condition
Prosecutors argued Clancy knew what she was doing.
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she → argue → what
The case has generated concern about maternal mental health as well as speculation about Clancy's future.
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case → generate → future
The jury heard that she suffered from hallucinations and delusions that started after her third child was born.
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child → hear → hallucinations
On the day of the killings, Clancy said she heard a voice telling her, "This is your last chance.
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This → say → her
Kill the children so you can kill yourself," according to her lawyer during opening arguments.
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you → kill → arguments
Millions across the U.S. watched the livestreamed trial, as Clancy's supporters gathered outside the courthouse.
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supporters → watch → courthouse
Even U.S. President Donald Trump said he was following the coverage.
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he → say → coverage
Why Lindsay Clancy, on trial for the deaths of her 3 children, has so many supporters
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Clancy → have → supporters
How different would Lindsay Clancy's murder trial look if it happened in Canada?
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it → look → Canada
While prosecutors haven't yet made a decision on whether to pursue a retrial, criminal law expert Isabel Grant, a University Killam Professor in the Allard School of Law at the University of British Columbia, says public attention surrounding the case will make a second trial difficult.
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trial → make → case
"It is going to be very difficult to find a jury that hasn't heard quite a bit about the evidence in this case," Grant told CBC News.
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Grant → go → News
"The case has been televised, which would not have happened in Canada, and the level of coverage makes it very difficult to find jurors who can come into the case with an open mind.
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who → televise → mind
Here's what we know so far about what will happen next.
What happens to Clancy now?
A mistrial does not mean that the accused can walk free.
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accused → know → Clancy
Clancy's lawyer said Friday that she is expected to stay in custody at a psychiatric hospital until her case is resolved.
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case → say → hospital
Mark Astor, a Florida criminal defence lawyer specializing in mental health cases, said Clancy's attorney could put in a request for the judge to reconsider her pretrial detention.
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judge → specialize → detention
"I don't think the judge would let her out, even if he was asked to reconsider," Astor told CBC Radio's As It Happens.
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It → think → Radio
Will Clancy face another trial?
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Clancy → face → trial
The prosecutor who originally decided to charge Clancy with three counts of first-degree murder said there would not be an immediate decision about a second trial.
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who → decide → trial
He said public opinion would not influence any decision.
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opinion → say → decision
"This was and has always been about getting justice for those three little babies," said Plymouth County District Attorney Timothy Cruz.
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Cruz → get → babies
That could be when we find out whether a second trial is happening, Astor said.
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Astor → find → ?
"The judge is going to get together with the two groups of lawyers and say, OK, are we ready to set a trial date?
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we → go → date
And maybe they'll set a date then, or maybe they won't."
Astor says it will likely be "several months" before the case could be in front of another jury.
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case → set → jury
If a second trial goes forward, prosecutors have the option of pursuing second-degree murder or manslaughter charges, Grant said.
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Grant → go → charges
Second-degree murder is typically unplanned and can come with a life sentence.
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murder → come → sentence
Manslaughter applies to killings without malicious intent or premeditation and in Massachusetts can come with a maximum of 20 years in prison.
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Manslaughter → apply → prison
Both charges can come with lesser sentences.
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charges → come → sentences
"The prosecution and the defence could also reach a plea agreement," she said.
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she → reach → agreement
If the trial were in Canada, Grant says the charge of infanticide would also be on the table for Clancy's eight-month-old son Callan.
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charge → say → son
That charge comes with a five-year maximum sentence.
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charge → come → sentence
What would a second trial look like?
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trial → look → What
Astor says Clancy's attorney could choose to put more emphasis on the legal definition of insanity in the U.S., and spend less court time on how the health system failed Clancy.
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system → say → Clancy
"You still need to make an argument to the jury as to why you believe that she met the legal criteria for insanity, why she couldn't understand right from wrong, why she couldn't be held criminally responsible," Astor said.
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Astor → need → wrong
"Honestly, I felt like he missed the boat on that."
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he → feel → that
Prosecutors conceded that Clancy had severe mental illness, but insisted she was able to understand and control her actions.
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she → concede → actions
…and 14 more, not listed.
The Aporia
