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Clancy defense attorney outlines retrial strategy after lone holdout juror triggers mistrial

Ben Marquis,
 September 10, 2026

Defense attorney Kevin Reddington is not waiting quietly for Lindsay Clancy's retrial. Days after a single holdout juror forced a mistrial in the case that gripped the nation, Reddington laid out a pointed strategy: prove that the jury room was poisoned by one man's refusal to deliberate in good faith, and use that fact to shape everything that comes next.

Clancy, a 34-year-old former nurse from Duxbury, Massachusetts, faces three counts of first-degree murder for the January 2023 deaths of her children Cora, 5, Dawson, 3, and Callan, 8 months old. She has pleaded not guilty, claiming postpartum psychosis and bipolar disorder drove her actions. Prosecutors say she acted deliberately. The seven-week trial ended without a verdict after jurors deadlocked 11 to 1 in favor of not guilty by reason of insanity.

The stakes could not be higher. If convicted of first-degree murder in Massachusetts, Clancy faces mandatory life without parole. If found not guilty by reason of insanity, she would be committed to a psychiatric facility rather than a prison. She remains paralyzed from the waist down after jumping from a second-story window following the killings and is currently housed in a psychiatric hospital, where she will stay until the case is resolved.

What the defense says went wrong

Reddington has been blunt in his assessment. As Fox News reported, the defense attorney is building his retrial approach around the claim that a single juror with possible bias against people with mental illness prevented what should have been an acquittal by reason of insanity. Reddington did not hold back about the holdout.

"They (the jury) know they were robbed by one man, for whatever his agenda was."

That accusation is now being reinforced by jurors themselves. Five members of the panel have spoken publicly since the mistrial, and their accounts paint a picture of a deliberation room in disarray. The jury deliberated for 38 hours across seven days, declaring itself deadlocked on three separate occasions before Judge William Sullivan finally declared a mistrial.

The jury's initial deadlock announcement came on the fourth day. Sullivan sent them back, as Massachusetts law permits. He told the panel at the time that the length and complexity of the trial warranted further effort.

"I know that this was a long trial. I know there were over 80 witnesses, over 300 exhibits. But because of that, I'm going to ask you to go back out."

Under Massachusetts law, a judge may send a deadlocked jury back to deliberate twice without the panel's consent before a mistrial can be declared. Sullivan ultimately exhausted that authority.

Inside the jury room: reenactment and refusal

The most disturbing account came from Juror #10, Nick Dargie, who went public with the New York Post as the fifth juror to speak. Dargie described a moment during deliberations when the holdout juror took one of the actual exercise bands used in the killings and wrapped it around a water bottle, mimicking the strangulation of the children.

"I was so shocked. We're not here to play detective. It's not a game of Clue. This is serious."

Dargie also said the holdout juror offered no evidentiary basis for his position. The holdout allegedly admitted he had reasonable doubt about Clancy's guilt but still refused to vote not guilty.

"There wasn't a single piece of evidence or witness testimony that he used to prove why he was thinking the way he was."

That claim, if accurate, raises serious questions about whether the holdout engaged in genuine deliberation or simply refused to participate in the process the law requires. Jurors are instructed to weigh the evidence presented at trial, not to hold positions based on personal feelings untethered to the record.

A partial defense of the holdout

Not every juror who spoke publicly was entirely critical. A second anonymous juror offered a partial defense of the holdout's position, telling the New York Post that the prosecution lacked a definitive "smoking gun." That framing suggests at least some sympathy for the idea that the state's case, while extensive, may not have been airtight on the question of whether Clancy understood what she was doing.

The trial featured more than 80 witnesses and over 300 exhibits. The case drew a massive online following as the public watched the defense present expert testimony on postpartum psychosis while prosecutors argued Clancy's actions showed planning and awareness.

The jury had five verdict options: first-degree murder, second-degree murder, manslaughter, not guilty, or not guilty by reason of insanity. That the panel settled 11 to 1 on the insanity acquittal, according to jurors who spoke publicly, suggests the defense case landed with most of the panel. But "most" is not "all," and Massachusetts requires unanimity.

The prosecution's position

Plymouth County District Attorney Timothy Cruz has made clear he intends to retry the case. His office framed the mistrial not as a failure but as an incomplete proceeding that demands resolution. Cruz's statement after the mistrial centered the victims, not the procedural outcome.

"This was and has always been about getting justice for those three little babies."

The prosecution's theory at trial was straightforward: Clancy planned the killings, carried them out with deliberation, and her mental health struggles, while real, did not rise to the level of legal insanity. The state called witnesses who testified that Clancy showed no complete break with reality at the time of the killings, a critical distinction under Massachusetts insanity law.

Legal insanity in Massachusetts requires the defense to show that a defendant, because of mental disease or defect, lacked the substantial capacity either to appreciate the wrongfulness of her conduct or to conform her conduct to the requirements of the law. The prosecution argued Clancy cleared that bar, pointing to evidence they said showed awareness and intent.

What a retrial means

A retrial means both sides start from scratch with a new jury. The defense will have the advantage of knowing exactly how the first panel responded to its case. Reddington's public comments suggest he plans to use the 11-to-1 split as a narrative weapon, framing the first trial's outcome as near-vindication rather than failure.

The prosecution faces its own challenge. Retrials in high-profile cases carry risks. Witnesses must testify again. The defense has seen the state's full playbook. And the public narrative, shaped by jurors speaking out against the holdout, may create a headwind for the state before jury selection even begins.

The case has also drawn attention from beyond the courtroom. President Trump weighed in during the trial, and the proceedings sparked a national conversation about how the healthcare system treats women with postpartum mental health conditions. That broader debate will almost certainly shadow the retrial. AP News noted the case had become a flashpoint in discussions about maternal mental health and institutional accountability.

The Duxbury community remains deeply affected. Neighbors have described the lasting horror of the children's deaths, and the mistrial left many feeling that the case remains painfully unresolved.

Jury selection and the bias question

Reddington's claim that the holdout harbored bias against people with mental illness, if he presses it formally, could shape voir dire in the retrial. Defense attorneys in insanity cases routinely probe potential jurors for attitudes toward psychiatric diagnoses, but the Clancy mistrial gives the defense a concrete, public example of why those questions matter.

Investigators and court officials have not publicly confirmed whether any formal complaint or inquiry has been opened regarding the holdout juror's conduct during deliberations. Jury deliberations are generally protected from outside scrutiny, but allegations of bias or refusal to deliberate can, in limited circumstances, prompt judicial review.

No retrial date has been publicly announced. Clancy remains in psychiatric custody. The legal teams on both sides are preparing for what promises to be another lengthy and closely watched proceeding. The broader dynamics of public pressure on high-profile trials will likely play a role in how both sides approach the second go-round.

What comes next

The retrial will test whether the prosecution can close the gap that eleven jurors apparently found too wide to bridge. It will also test whether Reddington's strategy of weaponizing the first jury's near-unanimous verdict can survive the fresh start that a new panel brings.

Three children are dead. The woman charged with killing them says she was not in control of her own mind. Eleven jurors believed her. One did not. The system now demands they do it all over again, and the only question that matters is whether the next twelve can agree.

About Ben Marquis

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