Plymouth Trial Court Lindsay Clancy Case
Lindsay Clancy’s defence seeks a juror inquiry after her murder trial ended in a mistrial Kevin Rutherford/Wikimedia Commons

Patrick Clancy has spoken publicly about the deaths of his three children for the first time since a 4 September mistrial, as his estranged wife Lindsay's defence team asks a Massachusetts judge to investigate whether a lone holdout juror improperly used a mobile phone during deliberations.

In an interview broadcast on 20 September, Patrick said he believes Lindsay's mental illness caused the killings and that he has forgiven her. Meanwhile, a new defence filing seeks a court inquiry into the juror and preservation of key records.

Defence Seeks Inquiry Into Holdout Juror

Defence lawyer Kevin Reddington filed the motion on 18 September. He asked Plymouth County Superior Court Judge William Sullivan to preserve jury records and conduct a limited inquiry.

The request covers juror questionnaires, jury notes and courtroom recordings. It also seeks court officer logs, mobile-phone sign-in sheets and courthouse surveillance footage.

Reddington asked Sullivan to review phone records from the deliberation period. He also requested limited data-session logs and a forensic examination of the phone.

The defence wants the court to question another juror about alleged phone use. It also wants Sullivan to examine the holdout's questionnaire and voir dire answers. The filing asks whether the juror followed court instructions. No court has found that the juror committed misconduct. The allegations in the defence filing remain unproven.

Michael Desronvil, the holdout juror, has rejected claims that he had reasonable doubt but refused to apply the law. In a statement provided through his representative, he said he had no doubts about Clancy's criminal responsibility.

Desronvil said he believed prosecutors proved that Clancy knew what she was doing. Other jurors have described the deliberations differently.

Jury Split Followed Seven Days of Deliberations

Judge Sullivan declared a mistrial after jurors failed to reach a unanimous verdict. Deliberations lasted seven days. Jurors who later spoke publicly said 11 members supported finding Clancy not criminally responsible. Desronvil favoured conviction.

During deliberations, the foreperson told Sullivan that one juror had acknowledged doubt. However, he would not apply it to the verdict. Reddington asked the judge to remove that juror. Sullivan declined and reminded the panel to follow his legal instructions.

Defence Seeks Acquittal and Challenges Retrial

Reddington renewed a Rule 25 motion for a required finding of not guilty on 10 September. He argues that prosecutors did not prove criminal responsibility beyond a reasonable doubt.

Massachusetts Rule of Criminal Procedure 25 allows a denied motion to be renewed after a jury is discharged without a verdict. The rule sets a five-day filing deadline. Reddington has also said he plans to argue that double-jeopardy protections should bar another trial. He contends there was no 'manifest necessity' for the mistrial.

A deadlocked jury ordinarily permits a retrial under Massachusetts law. Official notes to Rule 27 describe jury deadlock as a 'classic example' of manifest necessity. The court has not ruled on Reddington's argument.

Patrick Clancy Addresses Prospect of Another Trial

A statement from Patrick's lawyer, David Meier, said another trial would be 'extraordinarily painful' for the family. In his 20 September interview, Patrick said he had done the best he could as Lindsay's mental health declined. He also said he lives with the outcome every day. The court is considering the defence's post-mistrial motions.

Lindsay Clancy faces three murder charges over the deaths of Cora, five, Dawson, three, and Callan, eight months. Prosecutors dropped three strangulation charges in July after calling them redundant. Cora and Dawson died after the incident at the family's Duxbury home on 24 January 2023. Callan died several days later.

The defence argued that postpartum psychosis left Clancy not criminally responsible. Prosecutors argued that she knew what she was doing and could control her actions.

Clancy remains at Tewksbury Hospital while the court considers the motions. The next hearing is scheduled for 29 September. Prosecutors have not announced whether they will seek a retrial.