EXCLUSIVE: Lindsay Clancy Defense 'Knows They Can Win This Thing,' Lawyer Claims — As Case Declared a Mistrial After Jury Fails to Come to Decision
Lindsay Clancy's trial for the murder of her children ended in a mistrial.
Sept. 4 2026, Published 6:20 p.m. ET
The shock of Lindsay Clancy's declared mistrial had barely sunk in before the immediate question of a retrial was raised.
But RadarOnline.com can report that it may be a tall order for prosecutors, who have reportedly lost much of their leverage for any kind of conviction.
Jurors Unable to Reach a Consensus
Clancy could have to face the horrors of her actions all over again at a retrial.
Jurors spent nearly a week behind closed doors deliberating, letting the judge know several times that they were deadlocked.
On Friday, September 4, after 37 hours of discussion and debate, the nine women and three men sent a note saying, "It is with a heavy heart that we are unable to come to a unanimous decision and will not be able to."
Defense attorney Kevin Reddington appeared livid, as all indications were that 11 of the jurors had reportedly come to a not guilty verdict, while one lone juror dissented.
After the decision came down, Plymouth County District Attorney Timothy Cruz met with reporters outside the court and declared that he would not be making a decision on any possible retrial on Friday.
"I have never been swayed to act a certain way or make certain decisions based upon public sentiment," he said, sharing that he will take his time before making his next move.
A Retrial Would Be a 'Tough Decision' for Prosecutors
Legal experts say Clancy's attorney, Kevin Reddington, has all the momentum if there is a retrial.
But trial lawyers tell Radar a conviction at this point might be impossible, especially after coming so close to an acquittal.
"Reddington apparently came within one vote of a not guilty verdict. Now the defense knows they can win this thing," criminal defense attorney and former prosecutor John W. Day told Radar. "In any plea negotiations, the defense's leverage has just grown exponentially.
"Any deal the prosecutors offer would have to be something Reddington would be satisfied with. It’s a tough decision for prosecutors; they may have to offer a really light sentence."
Advice For Prosecutors About a Possible Retrial
Clancy could still face a retrial, which could be overseen by Judge William Sullivan again.
Day explained, "Since the prosecution almost lost their case outright, they have to be planning a reconfigured approach in the event of a retrial.
"Their presentation of the evidence did not resonate with this jury. If it was a 6-6 hung jury, the prosecution could say they should definitely retry it. But it would be crazy for them not to adapt their strategy to what actually happened in the courtroom."
Defense Lawyer Kevin Reddington Slams Lone Juror
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Reddington had harsh words for a dissenting juror.
Reddington said earlier in the week he'd be ready to try the case again if necessary. When asked if his client would take a plea deal instead of a second trial, Reddington said, "We'll see what Mr. Cruz wants to do and then we'll talk about our options."
He also laid into the one dissenting juror, criticizing his holdout while praising the 11 other jury members.
"They know that they were robbed by one man, for whatever his agenda was, who stole seven weeks of the lives of these other jurors that were so attentive, so beautiful, so wonderful and listened to this evidence.
"And you could see how defeated they were sitting there, and I got a funny feeling that they would have gone on for another week if they had to. So, I hope that guy can sleep well at night."
The judge has set a hearing for September 29, at which Reddington likely will ask Sullivan to declare Clancy not guilty. A retrial could also be discussed on that date.
