Lindsay Clancy murder retrial: prosecutors push to dismiss double jeopardy claim
Lindsay Clancy returns to court after her first trial ended in a mistrial. Prosecutors are fighting a motion to dismiss charges on double jeopardy grounds.
Clancy murder case heads back to court after jury deadlock
Lindsay Clancy is due to appear in court again, bbc.com reports, as prosecutors seek to move forward following a mistrial in which jurors failed to reach a unanimous verdict on murder charges against her.
District Attorney Timothy Cruz and his team have stopped short of formally announcing a retrial, but have consistently stated their intent to secure justice for Clancy's children.
Last week, prosecutors filed a motion asking Judge William Sullivan to reject a bid by the defence to have the charges dismissed on double jeopardy grounds — the legal protection that bars a person from being tried twice for the same offence.
The prosecution's position is that the mistrial was handled correctly by the court, and that they are therefore entitled to pursue the case again.
"Because a mistrial was properly declared due to the manifest necessity of a deadlocked jury, the defendant's motion to dismiss should be denied," prosecutors wrote in their filing.
The question of whether a retrial will proceed now rests with Judge Sullivan, whose ruling on the double jeopardy motion is expected to determine the next steps in the case.
Source: Google News MT — Crime (en)