PLYMOUTH, MASSACHUSETTS | COURTS | November 2, 2026
Quick Take
- Lindsay Clancy is back in Plymouth Superior Court today asking a judge to dismiss the murder charges over the deaths of her three children.
- Her lawyers argue a retrial would violate double jeopardy because the judge did not question or replace the lone holdout juror.
- Prosecutors oppose dismissal and want a gag order on public statements ahead of any second trial.
What’s happening?
Judge William Sullivan is hearing arguments today on three key motions in the Lindsay Clancy case, two months after her first trial ended in a mistrial. The outcome could decide whether the Duxbury mother faces a second trial or has the charges thrown out.
Clancy is charged with killing her three children, Cora, Dawson, and Callan, at the family home in January 2023. She has pleaded not guilty. Her defense argued she lacked criminal responsibility because of a severe mental health crisis after giving birth.
Where and when?
The hearing began Monday morning, November 2, at Plymouth Superior Court in Plymouth, Massachusetts. Sullivan declared the mistrial on September 4 after jurors told him several times that they could not reach a unanimous verdict.
At a status hearing on September 29, the judge told both sides to come ready to discuss a possible retrial date at today’s hearing.
By the Numbers
| Detail | Figure |
|---|---|
| Final jury split | 11 to 1 |
| Length of first trial | About 6 weeks |
| Children killed | 3 |
| Motions before the judge today | 3 |
What are the three motions?
The defense, led by Kevin Reddington and Martin Weinberg, wants the charges dismissed on double jeopardy grounds. They argue Sullivan should have questioned the holdout juror after the foreperson sent a note saying he was not following instructions on reasonable doubt.
A second defense motion asks to investigate the holdout further, including his phone records and juror questionnaire. Prosecutors, meanwhile, want a gag order to stop what they call a carnival atmosphere from tainting any future jury pool. The defense says no gag order is needed when there is no jury and no trial date.
Who is the holdout juror?
The holdout has identified himself as Michael Péguy Desronvil. He was the only juror who believed Clancy should be held criminally responsible. The other 11 favored a finding of not guilty due to lack of criminal responsibility.
Since the trial, Desronvil has said publicly that he had no doubts about her guilt and that fellow jurors misrepresented his position. Some of those jurors told reporters he had admitted to reasonable doubt.
What comes next?
Prosecutors argue the mistrial was proper and that questioning the holdout would have pressured him and intruded on private deliberations. District Attorney Tim Cruz’s office has not formally announced a retrial, but its filings say it wants to keep pursuing justice for the three children.
If Sullivan denies the dismissal, the defense can ask the state’s Supreme Judicial Court to step in before a retrial begins. Legal experts say that could delay a second trial by months.
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