Lindsay Clancy, the Massachusetts woman accused of killing her three children in 2023, was back in court Monday for a hearing that could determine whether she will face a retrial.
\n\nThe defense and prosecution argued several proposed motions, including the defense’s motion to drop charges against Clancy, on Monday. At the end of the nearly three-hour hearing, the judge scheduled a status hearing for Nov. 16, at which he will decide on the motions.
\n\nClancy’s defense team argued that she can’t be retried on double jeopardy grounds, meaning a defendant cannot be prosecuted twice for the same crime, in a bid to have the charges dismissed.
\n\nIn court, defense attorney Martin Weinberg argued that the prosecution must prove it met the manifest necessity standard to warrant a mistrial and, in turn, a retrial.
\n\nBut Weinberg said the defense team believes there first should have been a voir dire, or questioning, of the holdout juror “which could have established further that the reasons were personal, rather than simply because of the internal chemistry of jury deliberations.”
\n\nThat questioning, Weinberg argued, could have led to the juror being discharged, allowing deliberations to continue with another juror, “and that’s the viable alternative that…
Original source: https://www.nbcnews.com/business