Lindsay Clancy's Lawyer Can Do WHAT Instead Of A Retrial?!

The assumption after a hung jury in the Lindsay Clancy case is a retrial. Massachusetts has a history of retrying its cases, and Plymouth County DA Timothy Cruz has shown no interest in reducing the first-degree murder charges. But the defense has moves that could change the trajectory entirely.

The first: a bench trial. Massachusetts allows defendants to waive the right to a jury and be tried by a judge. If the problem with this trial is that twelve lay people cannot sort through competing psychiatric testimony, a bench trial puts the question before someone trained to evaluate exactly that kind of evidence.

The second: a renewed bifurcation motion. Reddington asked Judge Sullivan to split the trial into a guilt phase and a responsibility phase before this trial began. Sullivan denied it. After a hung jury, that motion carries different weight. If granted, a retrial could bypass the physical evidence Clancy has already conceded and go directly to the psychiatric question.

The retrial timeline is another factor. A second trial means months of preparation, the same eighty-plus witnesses returning, and Clancy—paralyzed, held at Tewksbury—sitting through it all again. Her lawyer was asked if she could handle another trial and gave a one-word answer.

Defense attorney and former prosecutor Eric Faddis examines the bench trial option, the bifurcation strategy, the retrial math, and what mothers watching this case should think about if they ever find themselves on a jury summons for the next round.

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This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.

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