Lindsay Clancy judge refuses to dismiss murder charge against killer mom - and bans her lawyer from investigating holdout juror

A judge has refused to dismiss the murder charges against Lindsay Clancy and has banned her lawyer from investigating the holdout juror, a new order revealed.Judge William Sullivan, in a memorandum of decision filed in Massachusetts Monday, denied the Clancy's motion to dismiss the murder charges on double jeopardy grounds.The defense had asked the court to end Clancy's case based on an unusual argument that the judge shouldn't have declared a mistrial in September when jurors were unable to reach a unanimous verdict. They argued that the judge should have removed the one juror who favored conviction, then allowed jury deliberations to continue.But Judge Sullivan disagreed, saying the deadlocked jury did justify a mistrial. 'Because the court concludes that there was manifest necessity for a mistrial based on the jury's deadlock, a retrial on the murder indictments does not violate Clancy's right not to be placed in double jeopardy,' Sullivan wrote. Prosecutors have yet to say whether they would pursue the same charges against Clancy or opt for a reduced charge that might be more palatable for the jury.A retrial date has not been set. The next hearing is November 16. A judge has refused to dismiss the murder charges against Lindsay Clancy, pictured in court on September 29 Clancy strangled her three children - Cora, five, Dawson, three, and eight-month-old Callan - to death in 2023 at her home in Duxbury, Massachusetts. She is pictured with her two oldest children and former husband, PatrickClancy, 36, was on trial over the summer after she strangled her three children - Cora, five, Dawson, three, and eight-month-old Callan - to death in January 2023.She never denied killing her children, but pleaded not guilty by reason of insanity.Clancy's lawyer argued that she was suffering from postpartum psychosis and was unable to control her behavior.Prosecutors have acknowledged that Clancy had mental health problems, but rejected the argument, saying she acted deliberately and understood that her actions were wrong. After the killings at her family home in Duxbury, Massachusetts, Clancy cut her neck and wrists and jumped from a second-story window in an apparent suicide attempt.The incident has left her paralyzed from the waist down and confined to a wheelchair.Sullivan, in his ruling Monday, also denied the prosecution's request for a gag order that would restrict the defense for making public statements about the case, jurors and deliberations.Clancy's attorney Kevin Reddington gave interviews during the trial, while prosecutors generally didn't speak to reporters.The defense had argued that it would amount to an unconstitutional restraint on speech. Judge William Sullivan, in a memorandum of decision filed in Massachusetts Monday, ruled that the deadlocked jury in her trial did justify a mistrial The judge also denied the defense's request to investigate Michael Desronvil, the lone juror who wanted to convict ClancySullivan allowed the prosecution to renew the gag order request 'if circumstances change and it can demonstrate that a prior restraint is necessary.' Reddington has staked part of his post-trial defense on assailing Michael Desronvil, the lone juror who wanted to convict Clancy.He urged the judge in court last week to investigate Desronvil, whom he accused of being untruthful on his jury questionnaire and improperly using his cell phone during jury deliberations.Sullivan has a standing order sealing the names of the jurors temporarily to protect them from harassment - though several have done media interviews, including the holdout.Another of Clancy's lawyers, argued in court last week that a mistrial could have been avoided had the judge more thoroughly interrogated jurors about their breakdown in deliberations after the foreperson sent two notes indicating that the lone holdout wasn't following the court's instructions on reasonable doubt.After receiving the notes, Sullivan spoke with each juror, reminded them of their duties and explained what constitutes reasonable doubt. He asked whether they could apply the law to the case, and all said yes.Desronvil said in a recent interview that he was certain of Clancy´s guilt, but other jurors wouldn't listen.His lawyer, Heather O'Connor, argued that Desronvil had simply done his duty as a juror.Clancy has not disputed killing her three children – Cora, five, Dawson, three, and eight-month-old CallanShe disputed the allegations of improper cellphone use, saying all jurors were allowed to keep their phones and there was no evidence that he used his device to improperly research the case.But Sullivan has seemingly sided with O'Connor and the prosecution because in his order Monday, he denied the defense's request to investigate Desronvil, including accessing confidential records and his cellphone data.'Because Clancy has failed to demonstrate that the requested evidence is relevant and material to her defense at any retrial of the murder indictment, the Court declines to exercise its discretion to order production,' Sullivan wrote.'Nor can the Court perceive any valid justification for examining Juror Doe under oath at this point in the proceedings.'