Judge refuses to let Clancy defense question holdout juror who forced mistrial
Judge William Sullivan ruled Wednesday that any further inquiry into the jury is inappropriate. Defense motions to dismiss the indictments are still pending.
SOUTH COAST A Massachusetts judge on Wednesday refused to let Lindsay Clancy's lawyers question the lone holdout juror whose stand ended her murder trial in a mistrial, ruling that any further court inquiry into the jury would be inappropriate.
The written order from Judge William Sullivan of Plymouth Superior Court denies the defense request for an evidentiary hearing into the juror. "This Court concludes that any further judicial inquiry is inappropriate, given the mandate that the court must not delve into a juror's subjective reasoning, thought process, view of the case, or relationship to the other jurors, and must not inquire into the jury's deliberative content, collective thought process, or any disagreement among the jury," Sullivan wrote.
Clancy is next due in court Nov. 2. The judge said that hearing will not be used to investigate the juror. Sullivan has not yet ruled on separate defense motions to dismiss the indictments; Wednesday's order addresses only the request for the juror hearing, which the judge said the defense had not shown it was entitled to.
"It appears that Clancy seeks an evidentiary hearing to determine whether Juror Doe lied on the jury questionnaire about prior involvement with the criminal justice system," the order says. "However, potential evidence of good cause to dismiss a deliberating juror that came to light only after a mistrial was declared simply is not relevant to whether there was a manifest necessity for a mistrial."
Clancy's trial this summer ran seven weeks. Sullivan declared a mistrial after the jury, split 11 to 1 in favor of finding her not guilty by reason of insanity, could not reach the unanimous verdict the law requires.
Clancy is charged with three counts of murder in the deaths of her three children, a 5-year-old daughter, a 3-year-old son and an infant son, at the family's Duxbury home on Jan. 24, 2023. She attempted suicide the night of the deaths and was left paralyzed.
The trial turned on her mental state. Her lawyers argued she was suffering from postpartum psychosis, which the American College of Obstetricians and Gynecologists describes as a psychiatric emergency, and could not be held criminally responsible. Prosecutors argued she was responsible for the killings.
After the mistrial, her lawyers moved to throw out the indictments, arguing the judge had failed to properly question the holdout juror before ending the trial. To press that motion, they asked for an evidentiary hearing into whether the juror lied on his jury questionnaire, used his phone during deliberations or failed to follow the judge's instructions.
The case is prosecuted by the Plymouth County district attorney's office, which handles Superior Court prosecutions across the county, including the South Coast towns of Marion, Mattapoisett, Rochester and Wareham.
Both prosecutors and defense lawyers declined to comment on the ruling, ABC News reported. Clancy has pleaded not guilty and is presumed innocent unless proven guilty in court.
Label: Reported by us, from the town's posted records.
How we verified this
Every fact about the Oct. 21 ruling comes from Judge Sullivan's written order as quoted at length by ABC News on Oct. 21, corroborated by the New Bedford Guide the same night; the order itself is not posted online, so ABC is credited once, for the declined-comment line. The trial history (seven weeks, 11 to 1 split, charges, Jan. 24, 2023, the suicide attempt and paralysis) is the public court record carried by both outlets and months of pool coverage. The three children are never named, per the house rule for victims who are minors; ages only. The juror is identified only as Juror Doe, as the order does. Not heard: both sides declined to comment, which the story states. The Plymouth County tie (the DA's office prosecutes in Marion, Mattapoisett, Rochester and Wareham) is from the desk's own source table and the DA's office court list.
Corrections
No corrections to this story. If something here is wrong, tell us. Every correction is dated on the story and listed in our public log.
Sources (3)
- ABC News: Lindsay Clancy murder trial: Judge denies request to question holdout juror, Oct. 21, 2026Quotes the Oct. 21 written order at length and carries the Nov. 2 hearing date, the 11 to 1 split, the seven-week trial, the charges, the Jan. 24, 2023 date, the suicide attempt and paralysis, the defense's three grounds for the requested hearing, and both sides declining comment. Read in full Oct. 22, 2026, about 5 a.m. EDT; re-fetched fresh by Verifier A about 5:20 a.m. EDT (sources/verify-20261022-0520/abcnews-2026-10-21.txt).
- PBS NewsHour (AP): Judge denies motion asking for Lindsay Clancy to be found not guilty due to lack of evidence, Oct. 1, 2026Background on the post-trial motion schedule. Read Oct. 22, 2026. No fact taken.
- Also reported by: New Bedford Guide.