Lindsay Clancy court hearing after mistrial in high-profile Massachusetts trial

The prosecution filed Monday for a gag order in the case.

Judge William Sullivan said he reviewed the motion Tuesday morning.

No decision will be made on Tuesday, and the sides will discuss a potential gag order during a Nov. 2 hearing.

Prosecutors said they wanted to delay arguments for the motion to dismiss, because they had limited time to prepare.

Judge William Sullivan added arguments on that motion for Nov. 2, the same day as the hearing on the investigation into the holdout juror.

Prosecutors will file a motion in opposition before that hearing. 

Attorney Heather O’Connor was in Plymouth Superior Court for Lindsay Clancy’s hearing to represent the lone holdout juror, identified to the court as Juror Doe. He has spoken publicly through a different attorney and identified himself as Michael Desronvil.

Defense attorney Kevin Reddington has filed a motion to investigate the juror.

Judge William Sullivan set Nov. 2 as a date for a hearing on that motion.

“That motion addresses a lot of issues that we need to resolve sooner rather than later,” Judge William Sullivan said.

“I’m trying to move this as fast as we can,” Sullivan added a short time later when discussing a separate issue.

You can watch the Lindsay Clancy court hearing live as it happens.

It is being streamed live from Plymouth Superior Court on CBS News Boston and on YouTube.

At 9:55 a.m., the Lindsay Clancy hearing got underway in Plymouth Superior Court in Plymouth, Massachusetts.

WBZ-TV’s Kristina Rex, who is in the courtroom, said there is as much or more media as there was during the week of deliberations. 

Clancy is in the courtroom along with her attorney Kevin Reddington and Martin Weinberg, who filed a double jeopardy motion to dismiss on Clancy’s behalf. Clancy’s civil attorneys Andrew Meyer and Rosemary Scapicchio are also in the room for the hearing, along with Clancy’s parents. 

Both prosecutors, Shanan Buckingham and Jennifer Sprague, are present as well. 

Tuesday’s hearing was scheduled to get underway around 9 a.m. 

The hearing, which is taking place in Plymouth Superior Court in Plymouth, Massachusetts, has not yet begun as of 9:30 a.m.

The holdout juror, who has been identified by his attorney as Michael Desronvil, has not spoken out publicly since the conclusion of Lindsay Clancy’s first trial. On Monday, his attorney, Edward Paltzik, gave an exclusive interview to Fox News.

Paltzik said that Desronvil’s decision “was based 100% on the evidence and the law he was required to follow.”

“The reality is that it was 11 to 1 because one courageous, heroic man stood up and said, ‘This is wrong,'” Paltzik added. “It was an intense experience and the pressure was unimaginable. And no person of ordinary firmness could have resisted. Most people would have folded. They would have caved and buckled. Michael did not because he’s an uncommon man, an extraordinary man.”

It could become clear on Tuesday if Plymouth District Attorney Tim Cruz will choose to retry Lindsay Clancy. 

WBZ-TV legal analyst Jennifer Roman said Cruz will also likely make a decision on what charges Clancy would face. A charge of second-degree murder or manslaughter would mean Clancy would have the choice of a jury trial or a “bench” trial, which means only a judge would decide the case, not a jury.

“I think [prosecutors] probably learned from the first trial that first-degree [murder] may not be their winning argument,” Roman said. “I think the DA’s office would be best served reducing the charge to a second-degree murder or even manslaughter.”

Plymouth Superior Judge William Sullivan will be overseeing Tuesday’s hearing in the Lindsay Clancy case.

It was Judge Sullivan who was on the bench during the trial.

Sullivan has ruled on several issues following the mistrial, including an order keeping the names of jurors and the jury pool hidden from the public indefinitely for juror safety.

Following the trial in Lindsay Clancy’s case, defense attorney Kevin Reddington filed a motion for required finding of not guilty. 

The prosecution filed a response to that motion, which was published on the docket Tuesday. 

In its response, the Commonwealth says the evidence presented at trial was sufficient.

“Despite claims by defense, this Court should be evaluating the sufficiency of the evidence based only on the evidence presented at trial and not to consider any alleged information regarding jury deliberations nor the potential collateral issues regarding the outcome of what would happen to the defendant should the Court consider a required finding of not guilty by lack of criminal responsibility,” the filing reads. “Defendant has cited no authority that could permit the court to consider such information.”

The prosecution in Lindsay Clancy’s case has filed a motion to preclude prejudicial extrajudicial statements to the media, also known as a gag order. 

If approved, the order would prevent lawyers “from making extrajudicial statements to the media that would have a substantial likelihood of materially prejudicing the criminal proceedings in this matter.”

The motion argues that defense attorney Kevin Reddington regularly gave updates outside of court, spoke about witnesses, described Clancy in a positive light and “most disturbing, defense counsel spoke to the media about the deliberating jurors in the case.” The prosecution specifically says that Reddington referred to the holdout juror as “he” during a news conference, making it easy to determine the juror was one of three men on the jury.

WBZ-TV and Boston Globe Media Partners filed a motion opposing the gag order. 

Though the list of juror names was impounded after the mistrial, several have chosen to speak out.

One woman who asked to remain anonymous told WBZ-TV there was “so much doubt” and that’s why she found Lindsay Clancy not guilty by reason of insanity.

Juror Paula Devlin confirmed to “CBS Mornings” that the jury was split 11 to 1 in favor of finding Clancy not criminally responsible.

After facing scrutiny on social media, the holdout juror eventually released a statement saying, “I didn’t have any doubt.”

During a recent interview, Lindsay Clancy’s defense attorney Kevin Reddington was asked if he would be open to working out a plea deal with Plymouth District Attorney Tim Cruz.

No plea deal was possible during the first trial because Clancy was charged with first-degree murder.

“It’s up to Tim,” Reddington said. “He could reduce the charge to second-degree [murder]. … I know enough to know it doesn’t matter what I’d like. All I know is that I’m not ever going to agree to let this young lady do a day in jail.”

Postpartum depression and mental health issues have been at the center of Lindsay Clancy’s trial. 

If you or someone you know is in emotional distress or a suicidal crisis, you can reach the 988 Suicide & Crisis Lifeline by calling or texting 988. You can also chat with the 988 Suicide & Crisis Lifeline here.

For more information about mental healthcare resources and support, the National Alliance on Mental Illness HelpLine can be reached Monday through Friday, 10 a.m. to 10 p.m. ET, at 1-800-950-NAMI (6264) or email [email protected].