Prosecutors are urging a judge to reject Lindsay Clancy's attempt to dismiss her murder charges even as they refuse to commit to a second trial.
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they → urge → trial
In a new filing from the Plymouth County District Attorney's Office, the prosecution argued that Clancy's controversial mistrial in September was legal and legitimate.
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mistrial → argue → September
The killer mom, 36, previously filed a motion to throw out the charges as her attorneys claimed a second trial would violate 'double jeopardy' rules, which prevent authorities from prosecuting a person twice for the same crime.
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which → file → crime
Prosecutors argued that Clancy's case does not meet the criteria because it only prevents a person being punished twice after an acquittal or a conviction.
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person → argue → acquittal
Clancy admitted to fatally strangling her three young children in her Massachusetts home in January 2023, but pleaded not guilty to murder by reason of insanity.
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Clancy → admit → insanity
The mother said she was suffering severe postpartum psychosis and was overmedicated by doctors.
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she → say → doctors
Her trial almost ended in a sensational acquittal as 11 of her 12 jurors voted not guilty.
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jurors → end → her
In the two months since the mistrial, prosecutors have not indicated if they intend to move forward with a second murder trial, or if they plan to offer Clancy a plea deal.
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they → indicate → deal
It comes as Clancy's ex-husband, Patrick, is also moving forward with a wrongful death lawsuit against Lindsay's former doctors, and this week his attorneys argued that the tragic killings of his children could have been prevented.
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killings → come → children
Plymouth County District Attorney Tim Cruz has filed a motion urging a judge to reject Lindsay Clancy's attempt to dismiss her murder charges, even as his office refuses to commit to a second trial
Lindsay was charged with three counts of first-degree murder for strangling her children with exercise bands inside the family home in January 2023
In the prosecution's latest filing arguing against Clancy's motion to dismiss her charges, the district attorney cited the Karen Read case as precedent for potentially taking her to trial again.
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attorney → file → trial
Read was accused of murdering her boyfriend in Boston in 2022 by hitting him with a car, and prosecutors tried her twice after her first trial ended in a mistrial.
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trial → accuse → mistrial
Read was ultimately acquitted.
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Read → acquit → ?
Clancy's trial was upended by a lone holdout juror who refused to change his vote, leading Clancy's attorneys to try and reverse the mistrial over allegations he had 'reasonable doubt.'
The juror, Michael Desronvil, denied that he had reasonable doubt, and prosecutors argued in their filing this week that the Supreme Court has previously ruled against 'post-trial juror revelations about their deliberations to affect the analysis.'
The complex court proceedings following Clancy's mistrial have also affected her ex-husband Patrick's wrongful death lawsuit against her doctors, with his attorneys attempting to make Lindsay testify.
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Lindsay → upend → doctors
Patrick's lawyer, Howard Cooper, claimed that he believes once Lindsay's Fifth Amendment issues, which protect against self-incrimination, are sorted, she will be able to take the stand.
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she → claim → stand
Patrick Clancy's lawyers are in court on Wednesday for a hearing in his wrongful death lawsuit against his ex-wife's doctors
A mistrial was declared in Lindsay's murder trial for the January 2023 killings of her children, five-year-old Cora, three-year-old Dawson and eight-month-old Callan
He claimed that she would testify her doctors were aware of her thoughts about harming her children, but they failed to act.
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they → declare → children
'You know who hasn't testified yet, Your Honor?
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who → know → ?
We allege in our complaint that she is going to confirm that she told these defendants that she had homicidal ideation,' Cooper said in court this week.
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Cooper → allege → court
'We believe that Lindsay Clancy, once her Fifth Amendment issues are resolved, one way or the other, will testify that she told these defendants explicitly that she had homicidal ideation, that she was worried about something awful happening to her kids.
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something → believe → kids
In a surprise filing on Wednesday, Lindsay's attorneys denied she planned to testify in Patrick's civil lawsuit.
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she → deny → lawsuit
Patrick's lawsuit lists some of the medical providers who testified in the blockbuster trial, including Dr Jennifer Tufts and nurse Rebecca Jollotta, and accuses them of failing to properly treat her, which, 'resulted in tragedy, namely, allegations that Lindsay took the lives of her children.
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Lindsay → list → children
'
'If Defendants had not acted negligently, and rather had provided adequate care, it is more likely than not that Patrick and Lindsay's children would still be alive today,' the lawsuit stated.
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lawsuit → act → care
Tufts and Jollotta, along with other medical providers Patrick is suing, South Shore Health System and Aster Mental Health, have denied the allegations and filed motions to dismiss the lawsuit.
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Patrick → sue → lawsuit
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