Judge to decide next steps in Lindsay Clarity murder case after mistrial

A hearing on Monday could determine whether the three first-degree murder charges against Lindsay Clancy will move forward, according to criminal defence lawyer Elyse Hershon. She said Judge William Sullivan may issue a decision immediately or provide a written ruling later.

"The three charges of first-degree murder are still pending; they are still hanging over Lindsay Clancy's head unless and until the DA announces otherwise," Hershon told the BBC.

Hershon added that the district attorney’s office is expected to announce its position at a press conference, a pattern observed in previous stages of the case. She also noted that the judge is likely to ask both sides to schedule a trial date during the hearing, even if a jury trial is not yet certain, because securing court time can be difficult.

The defence continues to request that the judge dismiss the case entirely, a request state prosecutors oppose. It also seeks an inquiry into the lone juror who voted against a not-guilty verdict in the earlier trial, which ended in a mistrial after the juror prevented a unanimous decision.

If the case proceeds, the judge may set a date for a retrial. In the prior hearing, the judge instructed prosecutors to return with a proposed schedule and a plan for how to move forward.

Court documents outline Clancy’s mental-health history, noting anxiety and severe postpartum issues after the births of her children, hospitalisation for psychiatric care, and reported hallucinations urging harm to the children. The timeline includes the alleged killings on 24 January 2023, a mistrial declared on 4 September 2026, and her appearance in court on 29 September 2026.

The proceedings have attracted significant media attention, with members of the press, family, and the public expected to be present in the courtroom.