MICHAEL RUIZ: Lindsay Clancy judge denies double jeopardy motion and explains jury notes after deadlock

A Massachusetts judge has rejected Lindsay Clancy’s bid to dismiss the murder case on double jeopardy grounds, allowing prosecutors to pursue a retrial. Judge William Sullivan ruled that the first trial ended in a hung jury out of manifest necessity, so trying the charges again would not violate her constitutional rights.

Clancy’s 26-day trial ended on 4 September, after jurors could not reach a unanimous verdict over the deaths of her three children. Jurors later said 11 supported her insanity defence and one favoured a guilty verdict. The judge’s 17-page order describes several notes from deliberations and says all jurors credibly affirmed they could follow his legal instructions; prosecutors have not said whether they will bring the same or different charges at a retrial.