Retrying the case

The most likely option for prosecutors is to retry the case. If the prosecution decides to retry the case, a new jury would be selected, and the case would proceed to a new trial with a different jury. Prosecutors did not immediately say if they will seek a new trial.

If Massachusetts prosecutors decide to retry the case, they could modify the charges, including by dropping the trio of first-degree murder charges down to second-degree murder charges, which could be an easier case for the state to prove beyond a reasonable doubt.

George Washington University Law Professor Jonathan Turley said prosecutors would “in all likelihood” move to a new trial of the case, but he also suggested that they could refile the charges as second-degree murder charges.

“Prosecutors often overcharge in these cases, and a [first degree murder] charge, I can tell you, as a criminal defense attorney, tends to work in favor of the criminal defense because it is such a high standard, sort of sucks the oxygen out of the room. So they may want to consider starting with [second degree murder],” Turley said during an appearance on Fox News on Friday. “But yes…they will be inclined to try again.”

Neama Rahmani, a former federal prosecutor, told the Washington Examiner he believes the case will move forward with first-degree murder charges, arguing the question is not about the degree of murder but whether Clancy is not guilty by reason of insanity.

“They’re going to charge her with first-degree murder. If you’re being intellectually honest, this is either an insanity case or it’s premeditated murder,” Rahmani said. “In Massachusetts, first degree is premeditated or cruelty or atrocity. To kill your three kids, it’s cruelty or atrocity. You can’t plead it down, or that’s a district attorney that’s getting voted out of office.”

One of the main criticisms of the first trial of Clancy was that the jury was not sequestered despite the national news attention on the case, and while sequestration could be entertained for a new trial, Rahmani said it is unlikely.

“In Massachusetts, it’s very rare,” Rahmani said. “It’s already such a huge imposition. You’re going to ask people to do this, sit through a one- to two-month trial again, and now you’re going to remove them from their friends and family. It just doesn’t make sense.”

Offering a plea deal or abandoning the prosecution

The more unlikely options include the prosecution offering a plea deal to Clancy or dropping the case entirely. Both appear unlikely because of the prosecution’s continued pursuit of the case. The defense may be unlikely to accept an offer to plead guilty to a lesser charge because of how close it appears Clancy was to being acquitted by the deadlocked jury.

LINDSAY CLANCY JUDGE GIVES DEFENSE ONE HOUR TO FILE STAY BEFORE MISTRIAL DECLARED

“Even if you offer second-degree murder, give her the possibility of parole. I don’t think the defense is going to take it,” Rahmani told the Washington Examiner. “They almost got an acquittal.”

At the end of proceedings on Friday, Sullivan announced the court will return for a status conference on Sept. 29 to decide the next steps in the case.

Kaelan Deese contributed to this report.