Lindsay Clancy prosecutor has been silent on trying her again — and there may be one surprising reason why
The prosecutors in the Lindsay Clancy case have been nearly silent on when and how they will try the killer mom again — and there is one other case that could be influencing the decision, legal experts said.
Clancy lawyer Kevin Reddington blasted DA Timothy Cruz at a hearing Monday for not yet revealing whether he will retry Clancy on the same first-degree murder charges for strangling her three young kids — or downgrade the charges to second-degree murder.
He also hasn’t revealed when his prosecutors will be ready for a new trial after the first one sensationally ended in a Sept. 4 mistrial caused by a deadlocked jury.
Cruz could be weighing how his decision in the Clancy case could impact a similar murder case involving Latarsha Sanders, said veteran Boston attorney and former prosecutor Brad Bailey.
Sanders’ conviction for killing her two young sons was overturned last summer because her mental health issues were kept out of trial despite, her insanity defense, according to a report by NBC 10 Boston.
Cruz’s office prosecuted both Sanders and Clancy’s cases and the same judge presided over both trials.
If Cruz downgraded Clancy’s charges to second-degree murder — something Reddington has urged him to do — Bailey said this could affect how he proceeds in Sanders’ case.
“Are they to be consistent? Will they need to also offer proceeding under murder two in the other case, or are they going to open a floodgate, and do they want to take a hard line?” Bailey said.
Another veteran Commonwealth defense lawyer, Peter Elikann, agreed Cruz could be considering Sanders’ case.
“There’s a good chance that that would be one of the many things that they would take into consideration when making this decision,” Elikann said. “Because they might be concerned about having a consistent policy.”
“But then again, every case is very different, with different sets of specific facts and the specific facts are so very important that it’s very hard to generalize about how you would handle cases with the same charges,” Elikann said.
Cruz’s delay could also be about him biding his time.
He’s letting his prosecutors “shore up” their case — “confirming your witnesses and make sure everything is ready to go if there’s a quicker than normal trial date,” Bailey said.
Judge William Sullivan — who is slated to retire in the summer — said Monday he hoped Clancy’s case could be retried in March.
One of the prosecutors on the Clancy case, Jennifer Sprague, said she wanted to await Sullivan’s decision on several motions including Clancy’s bid to get the entire case tossed because of a controversial holdout juror — the only panelist who wanted to convict Clancy.
Reddington at trial argued the 36-year-old Duxbury mom should be found not guilty by reason of insanity based on the claim she was in the throes of severe postpartum psychosis and heard a voice telling her to kill Cora, 5, Dawson, 3, and Callan, 8 months, on Jan. 24. 2023. After trial several jurors came forward, revealing 11 of the 12 sided with this defense argument.
Still other reasons for the delayed announcement by Cruz could be that he’s consulting with the slain children’s father and Clancy’s husband at the time, Patrick Clancy, about whether he wants a retrial and is willing to testify for a second time.
Another possible factor is that Cruz wanted to wait until after his unopposed bid for reelection Tuesday, to announce his decision since Clancy’s case has garnered such strong opinions, former federal prosecutor Sarah Krissoff said.
Clancy’s case “has people who are very vehemently committed to either side and DAs are political creatures. They are elected,” Krissoff said, adding Cruz may not want to “tie the election to this decision.”
Elikann disagreed though and said Cruz “is very popular. He has been re-elected many times, and I really give him credit for having integrity that he would not let his decisions as a prosecutor be dictated by what might be politically popular.”
Either way, Cruz’ decision is “not quite as simple as pressing a button and doing it again,” Krissoff said.
Clancy is due back in court later this month where Sullivan plans to announce his ruling on her motion to dismiss and hopes to set a trial date.