Lindsay Clancy’s case did not end Tuesday, and it did not move to a retrial either. What it did get was a calendar. Between now and a possible second trial there are at least eight dates and deadlines that matter, in two courts, and any one of them could change the case. Here is today in one paragraph, then every date that comes next.
What happened today, September 29, 2026
In Plymouth Superior Court, Judge William Sullivan heard Kevin Reddington argue for a required finding of not guilty and took it under advisement. He also took under advisement Martin Weinberg’s motion to unseal the September 3 jury note and related sidebars. He moved the double jeopardy motion, the holdout juror inquiry and the prosecutors’ gag order request to November 2. Both sides told him they did not want to pick a trial date yet; he told them to be ready to pick one on November 2, and Reddington told him, “I can’t do a trial before June.” The full transcript is here, and our report on the hearing is here.
The calendar
Any day: the ruling that could end everything
Sullivan’s written decision on the Rule 25 motion has no deadline. If he allows it, the result is a finding of not guilty by reason of lack of criminal responsibility, which is an acquittal, and the criminal case is over; Clancy would move into the civil commitment process under G.L. c. 123, § 16 rather than go home. If he denies it, as he did three times during the trial, the case continues toward November 2. The Commonwealth’s written opposition leans on Commonwealth v. Lawson, which says “it will be the rare case” where such a motion succeeds.
Any day: the jury note and the sidebars
Also under advisement: whether the September 3 jury note, the sidebar conferences from September 2 to 4, and related material become public, with the juror’s name redacted. The Boston Globe and WBZ argued for access to sidebar conferences in the same session. The ruling matters because the defense needs that note to argue its double jeopardy motion in public.
Soon: the juror’s lawyer files her memorandum
Sullivan told Heather O’Connor, the Massachusetts lawyer for the holdout juror, to file the memorandum supporting her motion for limited relief from impounded records. “If we can’t resolve it on the papers, then we can deal with it on the second,” he said.
About October 26: the Commonwealth’s double jeopardy brief
Sullivan asked prosecutors to file their opposition to the double jeopardy motion “maybe at least a week before that hearing date.” A week before November 2 is Monday, October 26.
October 28: Patrick Clancy’s lawsuit, in a different court
In Norfolk Superior Court, a hearing is scheduled on the motion by four of Lindsay Clancy’s mental health providers to dismiss Patrick Clancy’s wrongful death suit, according to Boston.com. They argue they owed the children no duty and rely on the state’s duty-to-warn statute. We explained that case here. Lindsay Clancy’s own malpractice suit has no hearing scheduled, according to the same report.
November 2, 9 a.m.: the big one
Back in Plymouth, before Sullivan:
- Double jeopardy motion to dismiss. The defense argues the mistrial lacked “manifest necessity” because the judge did not question the holdout juror or the foreperson before declaring it. If granted, the case ends, but the Commonwealth can appeal a dismissal under Mass. R. Crim. P. 15(a)(1).
- Juror records and a limited inquiry into the holdout. Reddington wants the juror’s phone examined and the juror questioned under oath.
- The gag order. Sullivan said the prosecutors’ motion “raises some significant constitutional questions as well as under the Massachusetts law.”
- A trial date. “Why don’t we do this: November 2nd, be prepared to talk about picking a trial,” Sullivan said.
After November 2: possible appeals
Prosecutor Jennifer Sprague told the court that “there are appellate rights to those rulings,” and that a trial date picked now “might not actually be a real trial date.” A denied double jeopardy claim can be taken to a single justice of the Supreme Judicial Court before any retrial. A granted one can be appealed by the Commonwealth.
The retrial decision
District Attorney Timothy Cruz still has not said whether he will try Clancy again. There is no deadline for him to decide.
June 2027: the earliest realistic retrial
Reddington: “It’s not going to get punted, but I’ll tell you right now I can’t do a trial before June.” What that means for the speedy-trial clock.
About September 2027: the retrial deadline, on paper
Mass. R. Crim. P. 36(b)(1)(D) requires a retrial to start within one year after the action occasioning it becomes final. Measured from the September 4, 2026 mistrial, that is early September 2027, extended by excluded periods such as pretrial motions and interlocutory appeals, which in this case are likely to be substantial.
What to watch between now and November 2
- Whether Sullivan rules on Rule 25 before November 2. A ruling for the defense makes everything else on the calendar moot.
- Whether the September 3 jury note becomes public.
- Whether anyone in the case keeps talking to the press while the gag order request is pending.
- Whether Cruz announces a retrial decision.
Frequently asked questions
When is Lindsay Clancy’s next court date?
November 2, 2026, at 9 a.m. in Plymouth Superior Court, for the double jeopardy motion, the holdout juror inquiry, the gag order request and a trial-date discussion. The judge may rule on the pending not-guilty motion before then.
When will Lindsay Clancy be retried?
No retrial has been scheduled or announced. Her lawyer told the court on September 29, 2026 that he cannot try the case before June 2027, and the district attorney has not decided whether to retry her.
What is happening on October 28 in the Clancy case?
A hearing in Norfolk Superior Court on the providers’ motion to dismiss Patrick Clancy’s wrongful death lawsuit. It is a civil case, separate from the criminal prosecution.
Could the case be over before November 2?
Yes, if Judge Sullivan allows the Rule 25 motion for a required finding of not guilty, which is under advisement.
Sources: Our transcript of the September 29, 2026 hearing from the CBS News video; Commonwealth’s opposition to the Rule 25 motion, filed September 28, 2026; Boston.com, September 10, 2026 (civil case schedule). Mass. R. Crim. P. 15 and 36 read at mass.gov; G.L. c. 123, section 16 read at malegislature.gov. Lindsay Clancy is presumed innocent. General information about Massachusetts law, not legal advice.