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The judge in the Lindsay Clancy case is urging prosecutors to decide if they want to retry her on charges that she killed her three children. During a hearing in Massachusetts yesterday, prosecutors said they are still considering their options. Deborah Becker from member station WBUR reports.
DEBORAH BECKER, BYLINE: Near the end of yesterday's hearing, Judge William Sullivan pointedly asked prosecutor Jennifer Sprague the main question.
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WILLIAM SULLIVAN: Has the Commonwealth made a decision how they're going to proceed with this case?
JENNIFER SPRAGUE: Well, Your Honor, this would be a retrial. As to what that looks like?
SULLIVAN: Yeah.
SPRAGUE: That will depend. We're not at that point yet.
BECKER: Prosecutors could retry Clancy on first-degree murder or lesser charges. Sprague says they want to first know how Sullivan is going to rule on yesterday's motions. Sullivan is considering the arguments and has scheduled another hearing in two weeks. Clancy's attorney, Kevin Reddington, argued that Sullivan didn't have to declare a mistrial in September. He's asking for a deeper investigation of the one juror who did not agree that Clancy should be found not guilty by reason of insanity.
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KEVIN REDDINGTON: I have evidence that this man was not honest on his form. And I think the evidence is important for you to know - understand what was going on in this man's mind.
BECKER: The defense also argued yesterday for dismissing the case. They say Sullivan should have further questioned and possibly replaced the holdout juror. Prosecutors countered that jurors were questioned and instructed during the trial. And Reddington says the controversy over the holdout juror has overshadowed public attention on maternal mental health care, something he says was a positive aspect of the case.
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REDDINGTON: Mental health - what is wrong with the mental health system in our country?
BECKER: Dozens of spectators lined up at the courthouse yesterday. Ashlyn Rizzo from Boston attended almost every day of Clancy's trial. She says she'll continue to advocate for better maternal mental health treatment.
ASHLYN RIZZO: Now the world's paying attention, so I think that's the time where those of us that care about this need to show up and be here for it.
BECKER: Clancy sought mental health treatment for months before the deaths of her children, who were 5 years, 3 years and 8 months old.
For NPR News, I'm Deborah Becker in Boston.
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