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Retrial still undecided in Lindsay Clancy case after first appearance since mistrial

MICHEL MARTIN, HOST:

Will Lindsay Clancy face a new trial on charges of murdering her three children? WBUR's Deborah Becker reports on Clancy's first appearance in a Massachusetts court since the judge declared a mistrial.

DEBORAH BECKER, BYLINE: At yesterday's hearing, Judge William Sullivan said he wants to quickly set a potential trial date. And he hopes to do so at another hearing in November.

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WILLIAM SULLIVAN: That's my goal in this thing - is to get this thing tried as soon as proper without sacrificing anyone's rights, anyone's position. But I don't want this thing to then just start to kind of get kicked down the road, punted.

BECKER: But both sides said they wanted to wait to set a date until Sullivan rules on the motions they filed and any appeals. Among the motions is a defense request that the judge issue a finding of not guilty without any new trial. Clancy's attorney, Kevin Reddington, argued that prosecutors did not prove that Clancy was mentally competent or that she committed the crimes.

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KEVIN REDDINGTON: It's not new rocket science by any means. It's the fact that they cannot prove probable cause.

BECKER: But prosecutor Shanan Buckingham told the judge the trial showed that Clancy planned the murders of her children and then tried to take her own life.

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SHANAN BUCKINGHAM: That there isn't enough evidence to prove that she did it, I would suggest, is a laughable argument. And based on what Your Honor sat through, through several weeks of the trial, the Commonwealth met its burden.

BECKER: Another defense motion asked that the case be dismissed because the judge should have investigated reports that a juror wasn't following the law. Plymouth County District Attorney Tim Cruz told reporters outside after the hearing that he's still evaluating whether there will be another trial.

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TIM CRUZ: No determination has been made as to anything. We're doing our due diligence. We're going to continue to do that.

BECKER: Cruz did not say when he might make a decision or whether he would charge Clancy with first-degree murder again or opt for lesser charges. Dozens of Clancy's supporters, many of whom attended the trial, crowded into the courtroom. Renee Kimball of Maine was disappointed.

RENEE KIMBALL: And it would have been great, obviously, to have some kind of outcome and be celebrating, you know, the win for Lindsay and getting her where she needs to be.

BECKER: Kimball and other supporters say they'll be back for the November hearing. But it could take several months before it's clear how this case might proceed.

For NPR News, I'm Deborah Becker in Boston. Transcript provided by NPR, Copyright NPR.

NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

Deborah Becker