Prosecutors Say They Plan to Retry Clancy

A Massachusetts mother whose murder trial ended in deadlock could be back on trial in March. Prosecutors told a judge on Monday that they plan to retry 36-year-old Lindsay Clancy, accused of killing her three children in January 2023, but are waiting on key rulings before deciding which charges to pursue, USA Today reports. Clancy's defense says she was experiencing postpartum psychosis and shouldn't be held criminally responsible.

Judge William Sullivan, who declared a mistrial in September after jurors said they were stuck, is weighing a defense motion to throw out the murder charges on double jeopardy grounds and to investigate the lone holdout juror, whom the defense accuses of misconduct. The AP reports that the hearing became heated on Monday as defense attorney Kevin Reddington questioned whether the holdout had been truthful during jury selection and accused the man of using his cellphone to research the case during deliberations.

• A lawyer for the holdout juror disputed the cellphone allegations and argued that he was only under scrutiny because he didn't vote the way the defense wanted. "If that's enough to put a juror under oath, to search their phone, to pull their history, then the lesson (for) every future juror in this Commonwealth is simple: Agree with the majority or potentially be investigated," Heather O'Connor said, per the AP.

Prosecutors are seeking a gag order on lawyers' public comments, arguing that their remarks "have a substantial likelihood of materially prejudicing the criminal proceedings." Another hearing is set for Nov. 16, with a potential retrial eyed for March if Sullivan rejects the motion to dismiss.

• Before Monday's hearing, one of Clancy's attorneys told CBS News that Clancy has been on suicide watch since she allegedly killed her children. "She doesn't want to be here," Rosemary Scapicchio said. She said the fact that her children "are no longer here" is the first thing Clancy thinks about when she wakes up and she has "horrible dreams about this" at night. "She wants to be with her children," Scapicchio said. And if given the opportunity, I have no doubt in my mind at all that she would take her own life."