Lindsay Clancy trial judge denies motion to dismiss, says there will be no gag order

Lindsay Clancy's defense team lost its effort to dismiss the charges against her. A judge also denied a separate motion Monday that sought to preserve records related to the holdout juror in her first trial.

Judge William Sullivan denied Clancy's attempt to dismiss the three murder charges against her on grounds of double jeopardy.

Sullivan also ruled Monday that Clancy's team did not present enough evidence to support preserving juror questionnaires and their cellphone records.

One ruling did go in favor of the defense. The prosecution had asked Sullivan to put a gag order in place, which would have prevented attorneys in the case from publicly discussing the trial. Sullivan denied that request on Monday.

During a hearing in the case earlier this month, prosecutors said for the first time that they plan to have Clancy stand trial again after her first trial ended in a mistrial due to a hung jury.

In her first trial, Clancy's attorney admitted she killed 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan in their Duxbury home on Jan. 24, 2023. She pleaded not guilty to first-degree murder in the case. 

Her attorney, Kevin Reddington, argued that Clancy was not criminally responsible because she was overmedicated and suffering from postpartum psychosis. Prosecutors tried to convince the jury that Clancy knew right from wrong and planned to strangle her children. 

After the mistrial during a hearing later in September, Reddington argued that there's "no evidence" Clancy admitted to killing her children. In a civil lawsuit, Clancy's lawyers say she admitted to killing them.

The case is next due back in court on Nov. 16 for a status update, and a trial date will be discussed.