Lindsay Clancy is returning to court on Monday to seek dismissal of murder charges over the deaths of her three young children, following a mistrial in September.
According to the Associated Press, the 36-year-old has acknowledged killing her children in 2023, but her lawyers argue she was suffering from postpartum psychosis and could not control her actions.
Prosecutors maintain that Clancy acted deliberately and understood her actions were wrong.
The September trial ended with a hung jury after jurors failed to reach a unanimous verdict.
Clancy’s defence team now argues that retrying her would violate double jeopardy protections because the judge could have investigated a dissenting juror rather than declaring a mistrial.
Prosecutors disagree, arguing that double jeopardy “does not bar the Commonwealth from seeking justice on behalf of the three victims.”
Monday’s hearing before Judge William Sullivan will also address a prosecution request to restrict lawyers from making public statements that could prejudice future proceedings.
Clancy’s lawyers oppose the proposed gag order, arguing that it would unfairly restrict free speech.
“There is no jury and it is unknown whether one will ever be impaneled. There is no trial date. The motion should be denied,” defence lawyer Laura McConnell wrote.
Prosecutors have not announced whether they will pursue a retrial, seek lesser charges or drop the case.
