{"id":1606,"date":"2026-11-02T10:02:55","date_gmt":"2026-11-02T10:02:55","guid":{"rendered":"https:\/\/www.kcfj570am.com\/?p=1606"},"modified":"2026-11-02T10:02:55","modified_gmt":"2026-11-02T10:02:55","slug":"lindsay-clancy-due-in-court-for-hearing-about-future-of-her-criminal-case","status":"publish","type":"post","link":"https:\/\/www.kcfj570am.com\/?p=1606","title":{"rendered":"Lindsay Clancy due in court for hearing about future of her criminal case"},"content":{"rendered":"<div>\n<figure><img decoding=\"async\" src=\"https:\/\/s3.amazonaws.com\/syndication.abcaudio.com\/files\/2026-11-02\/GETTY_101326_JUDGE_GAVEL_STOCK.jpg\" alt><figcaption>Getty Images \/ Stock Photo<\/figcaption><\/figure>\n<p>Lindsay <a href=\"https:\/\/abcnews.com\/GMA\/News\/live-updates\/lindsay-clancy-trial-jurors-resume-deliberations\/?id=136086599\">Clancy<\/a> is set to appear in a Massachusetts courtroom on Monday for a pivotal hearing that could determine the future of her <a href=\"https:\/\/www.goodmorningamerica.com\/news\/story\/lindsay-clancy-jury-deadlocked-136153308\">triple murder case<\/a> in the deaths of her children.<\/p>\n<p>Two months after a deadlocked jury ended a lengthy trial this summer in a mistrial, the judge overseeing the case told prosecutors and defense lawyers he plans to discuss a future trial date during Monday\u2019s hearing.\u00a0<\/p>\n<p>\u201cThat\u2019s my goal &#8212; to get this thing tried to as soon as proper without sacrificing anyone&#8217;s rights, anyone&#8217;s position. But I don&#8217;t want this thing to then just start to kind of get kicked down the road, punted, and go forward,\u201d Judge William Sullivan said during September\u2019s hearing.\u00a0<\/p>\n<p>Neither side has firmly committed to retrying the case, saying they want to see how the judge rules on some post-trial motions before they decide their plans. Judge Sullivan plans to hear arguments on some of those issues during Monday&#8217;s hearing, including Clancy&#8217;s motion to dismiss the case and a request for a gag order ahead of a potential second trial.<\/p>\n<p>Below are the three main issues set to come up during Monday&#8217;s hearing.<\/p>\n<p><strong>Motion to dismiss\u00a0<\/strong><\/p>\n<p>Clancy&#8217;s attorneys are asking Judge Sullivan to dismiss the case, arguing that he failed to fully investigate whether the holdout juror who forced the mistrial properly followed the court&#8217;s instructions on the law.\u00a0<\/p>\n<p>Attorneys Martin Weinberg and Kevin Reddington argue there was no need to declare a mistrial at that point, and that retrying the case after improperly ending the first trial would amount to double jeopardy.\u00a0<\/p>\n<p>Prosecutors argued that Judge Sullivan &#8220;properly declared a mistrial&#8221; after the jury reported being deadlocked twice, and that investigating the holdout further &#8220;would have surely led to judicial coercion of that juror and the impermissible intrusion into the substance of the jury&#8217;s private deliberations.&#8221;<\/p>\n<p>\u201cThe Court&#8217;s decision to conduct a limited individual inquiry of each juror and then instruct the collective jury on reasonable doubt &#8211; made after carefully considering counsels&#8217; proposed alternatives &#8212; was a proper exercise of the Court&#8217;s discretion,\u201d prosecutors wrote.\u00a0<\/p>\n<p>Attorneys with the Plymouth County District Attorney\u2019s Office also argued the foreperson\u2019s notes about the deadlock did not allege a \u201cpersonal issue, bias, or extraneous influence attributable to the dissenting juror.\u201d\u00a0<\/p>\n<p>The holdout juror &#8212; who identified himself as Michael P\u00e9guy Desronvil &#8212; said in statements and an interview following the trial that he had no doubts about her guilt.\u00a0<\/p>\n<p>\u201cHow methodical I thought Lindsey was in the execution of the children, so that was really big for me,\u201d he told Fox News. \u201cThe thought process that goes behind and to fulfill the commitment of doing that. I thought it was um, it was um, it was uh logical.\u201d<\/p>\n<p>Judge Sullivan will also hear arguments Monday about the defense\u2019s request to further investigate the holdout juror, including by reviewing court documents and his cell phone records. Last month, Judge Sullivan denied a request to hold an evidentiary hearing about the holdout.\u00a0<\/p>\n<p>\u201cThis Court concludes that any further judicial inquiry is inappropriate, given the mandate that the court must not delve into a juror&#8217;s subjective reasoning, thought process, view of the case, or relationship to the other jurors, and must not inquire into the jury&#8217;s deliberative content, collective thought process, or any disagreement among the jury,\u201d Judge Sullivan wrote.\u00a0<\/p>\n<p><strong>Request for a gag order\u00a0<\/strong><\/p>\n<p>Judge Sullivan will also hear arguments about a request by prosecutors to impose a gag order, which they argue is necessary to &#8220;prevent the carnival atmosphere&#8221; from the first trial.\u00a0<\/p>\n<p>\u201cRestraints on any further extrajudicial statements are necessary in this case to protect the integrity and fairness of the judicial system,\u201d they wrote.\u00a0<\/p>\n<p>Ahead of a potential second trial, prosecutors said the gag order would \u201cprevent any further pollution of any potential jury venire as well as subsequent witness testimony.\u201d<\/p>\n<p>Defense lawyers pushed back on the request and argued that the concerns raised by prosecutors were speculative.\u00a0<\/p>\n<p>\u201cIt offers no evidence that any prospective juror has been exposed to, or affected by, anything counsel has said. Invoking an important interest is not enough to justify such an order. And if a future venire were already \u2018inevitably tainted,\u2019 silencing counsel now could not cure it,\u201d wrote defense attorney Laura McConnell. \u201cThe harm the government fears is purely speculative. There is no venire, no jury, and no trial date.\u201d<\/p>\n<p>While gag orders are sometimes imposed during high-profile trials, the defense argued that prosecutors did not meet the high legal bar needed to justify the request.\u00a0<\/p>\n<p>\u201cThe government bears a heavy burden to justify such an order. It offers no evidence. There is no jury, and it is unknown whether one will ever be impaneled. There is no trial date. The Motion should be denied,\u201d McConnell wrote.\u00a0<\/p>\n<p><strong>Future trial date\u00a0<\/strong><\/p>\n<p>Judge Sullivan concluded Clancy&#8217;s last appearance in court by telling both sides to &#8220;be prepared to talk about picking a trial date&#8221; during Monday&#8217;s hearing.\u00a0<\/p>\n<p>\u201cI think it&#8217;s important that this case move forward if it has to move forward,\u201d Sullivan said during the Sept. 29 hearing.\u00a0\u201cWhy don&#8217;t we just pick a trial date that will get this case moving?\u201d\u00a0<\/p>\n<p>In a rare moment of agreement, both Reddington and prosecutors told the judge that they would rather wait until he resolves the post-trial motions before they agree to a new date.\u00a0<\/p>\n<p>\u201cWe&#8217;d rather defer until you make your rulings and then any appellate arguments are presented, rather than pick a trial date,\u201d Reddington said.\u00a0<\/p>\n<p>Following the hearing, Plymouth County District Attorney Timothy Cruz said outside court that his office is still evaluating whether to retry the case.\u00a0<\/p>\n<p>\u201cWe&#8217;re doing a very thorough review right now, and we&#8217;re going to continue to do our job to make sure that we do what&#8217;s best for the interests of justice and the interests of those three children,\u201d he said.\u00a0<\/p>\n<p>Copyright \u00a9 2026, ABC Audio. All rights reserved.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Getty Images \/ Stock Photo Lindsay Clancy is set to appear in a Massachusetts courtroom on Monday for a pivotal hearing that could determine the future of her triple murder case in the deaths of her children. Two months after a deadlocked jury ended a lengthy trial this summer in a mistrial, the judge overseeing [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1606","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/www.kcfj570am.com\/index.php?rest_route=\/wp\/v2\/posts\/1606","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.kcfj570am.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.kcfj570am.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.kcfj570am.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.kcfj570am.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1606"}],"version-history":[{"count":0,"href":"https:\/\/www.kcfj570am.com\/index.php?rest_route=\/wp\/v2\/posts\/1606\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.kcfj570am.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1606"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.kcfj570am.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1606"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.kcfj570am.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1606"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}