Prosecutors Plan Retrial for Lindsay Clancy in Children's Murders

The defense has filed a motion to dismiss the charges, citing double jeopardy grounds. Prosecutors, however, claim the killings were intentional, despite acknowledging Clancy's mental health problems.

A Massachusetts judge will hear arguments on Monday regarding the dismissal of murder charges or the initiation of a second trial. The Commonwealth has also requested a gag order on attorneys involved in the case.

Clancy's defense team argues such a gag order would constitute prior restraint. Heather O'Connor claims the defense's investigation into a holdout juror should not have led to a mistrial declaration.

Assistant District Attorney Jennifer Sprague stated the state has not yet decided on the specific charges Clancy would face at retrial. Sprague indicated a preference to await Judge Sullivan's ruling on the defense's motion to dismiss.

Martin Weinberg claims the court's decision to declare a mistrial was made 'in the heat of the moment.' He further asserted that not all 12 jurors were following instructions. The prosecution and an attorney for Desronvil claim the defense targets Michael Desronvil because he did not reach the conclusion they desired.

Michael Desronvil, the juror in question, denied having reasonable doubt. Rosemary Scapicchio claims Clancy thinks only of her children's absence and experiences horrible dreams. She further states Clancy would commit suicide if given the opportunity.

Clancy's ex-husband, Patrick, is pursuing a wrongful death lawsuit against her former doctors. Patrick Clancy's attorneys claim the tragic killings of his children could have been prevented. Howard Cooper claims Clancy will be able to testify once her Fifth Amendment issues are resolved.