What happens after a mistrial? Can prosecutors ask for a new trial?: A practical reader guide

What happens after a mistrial? Can prosecutors ask for a new trial?: A practical reader guide

The judge in Lindsay Clancy’s trial declared a mistrial after the jury could not reach a unanimous verdict and remained deadlocked after a week of deliberations. A mistrial means the trial ends without a verdict, so the defendant is neither convicted nor acquitted.

Because she was in the midst of a psychotic episode that stemmed from postpartum mental illness, her defense attorneys, on the other hand, argued that she is not criminally responsible.

Lindsay, 35, “acted intentionally, rationally and swiftly” when she fatally strangled her three children at their Duxbury home on January 24, 2023, according to prosecutors.

However, her lawyers could ask for a review of her bail situation, according to Heather Cucolo, a New York Law School professor and expert in mental health law, the BBC reported. Jurors in Plymouth state court spent over 38 hours in deliberations over the charges against Lindsay. The 12-person jury was made up of nine women and three men, and was split 11 to one, per the notes given to the court, The Guardian reported. The Massachusetts mother faces three counts of murder in the killings of her children Cora, 5; Dawson , 3; and Callan, 8 months.

A mistrial does not mean prosecutors have proven their case, or that the defendant is not guilty. The prosecution could now push forward with their criminal charges and restart the trial with a new jury or negotiate a plea agreement. Prosecutors could also dismiss the charges altogether. Judge William Sullivan declared a mistrial after the jury returned without a verdict for the third time. In case a new trial is planned, Lindsay will remain in that facility until it begins.