Massachusetts has made up its mind about Lindsay Clancy, and it has made it up in two directions at once. A 7NEWS and University of New Hampshire Survey Center poll found residents split on whether she is guilty, split on whether she should be tried again, and split sharply by party. A national Rasmussen Reports survey found about half of American adults think she is guilty of murder.
None of that will decide her case. But the numbers matter for one practical question that will come up if District Attorney Timothy Cruz seeks a retrial: can Plymouth County still seat twelve people who have not already decided?
What Massachusetts residents said
The UNH Survey Center polled Massachusetts residents in September 2026, after the September 4 mistrial; WHDH reported the Clancy questions reached nearly 600 residents. UNH published the poll on September 24. As reported by WHDH and WBSM:
- Should prosecutors retry her? 43 percent said definitely or probably yes. 33 percent said definitely or probably no. 24 percent did not know or had no opinion.
- Is she guilty? Asked only of the 49 percent who had heard something about the case: 40 percent said guilty, 36 percent said not guilty, 24 percent did not know.
The partisan split, as reported by WBSM:
- Democrats: 51 percent not guilty, 29 percent guilty, 20 percent unsure.
- Republicans: 67 percent guilty, 18 percent not guilty, 15 percent unsure.
- Independents: 46 percent unsure, 30 percent guilty, 24 percent not guilty.
We have not been able to read the UNH release itself, which is behind a security check on the university’s site, so the figures above are as WHDH and WBSM reported them. The same poll found Gov. Maura Healey leading Republican Mike Minogue and most voters opposed to Question 8, the cannabis repeal.
What the rest of the country said
Rasmussen Reports surveyed 1,373 American adults on September 3 and 6-7, 2026, straddling the mistrial. It found 49 percent think Clancy is guilty of murder, 19 percent think she is not guilty, and 32 percent are not sure, with a stated margin of error of plus or minus 3 points.
The gap between the two polls is worth noticing. Nationally, guilty outnumbers not guilty by more than two to one. In Massachusetts, among people who followed the case, it is close to even. The questions were worded differently and asked of different populations, so the comparison is rough. But the people closest to the story were the least certain.
Why “guilty or not guilty” is the wrong question
Most people answering a poll are thinking about whether Clancy killed her children. That was barely in dispute at trial. Her defense was lack of criminal responsibility: that a severe mental illness left her without substantial capacity to appreciate the wrongfulness of her conduct or to conform it to the law. The first jury deadlocked on exactly that question, and eleven of the twelve jurors reportedly favored a verdict of not criminally responsible.
A “not guilty” answer in a poll could mean “she did not do it,” which almost no one argues, or “she should not be held criminally responsible,” which is the actual legal question. The poll as reported does not separate them. And a verdict of not guilty by reason of lack of criminal responsibility does not mean release; it leads to the civil commitment process under G.L. c. 123, § 16.
On October 1, 2026, Judge William Sullivan ruled that the evidence was legally sufficient for a jury to find her criminally responsible. Here is what that ruling means. It says nothing about whether a jury should.
Can Plymouth County still find an impartial jury?
Massachusetts law has two tools for this, and a high-profile retrial would likely test both.
Questioning each juror. Under G.L. c. 234A, § 67A, on motion of either party the court must examine prospective jurors under oath to learn whether a juror “has expressed or formed an opinion, or is sensible of any bias or prejudice.” If the judge finds a juror “does not stand indifferent in the case,” that juror is excused. In a criminal case, jurors must also be asked whether they understand that the defendant is presumed innocent and that the Commonwealth carries the burden of proof. Having heard of the case does not disqualify anyone. Having decided it does.
Moving the trial. Under Mass. R. Crim. P. 37(b)(1), a judge may transfer a case to another division or county if “there exists in the community where the prosecution is pending so great a prejudice against the defendant that he may not there obtain a fair and impartial trial.” The reporter’s notes to the rule say the transfer need not always be to another county if an impartial panel can be found in another court in the same county. Another option, used in Aidan Kearney’s upcoming trial, is to bring in jurors from a different county.
A split poll cuts both ways for a venue motion. A community that is evenly divided is not obviously prejudiced against the defendant, which is the standard Rule 37 uses. But a community where nearly half the people who know the case have already formed an opinion is a community where individual questioning will excuse a lot of people.
The first trial’s jury selection is the best preview. A retrial would draw from a pool that has now been exposed to a mistrial, a holdout juror named online, televised juror interviews, a bar complaint, and two months of commentary.
Where the case stands
No retrial has been announced. The double jeopardy motion, the request to question the holdout juror, and the prosecutors’ gag order request are set for November 2, 2026, in Plymouth Superior Court. Judge Sullivan has told both sides to be ready to discuss a trial date then; Kevin Reddington has said he cannot try the case before June 2027. Lindsay Clancy is presumed innocent.
Frequently asked questions
Do most people think Lindsay Clancy is guilty?
Nationally, a Rasmussen Reports survey in early September 2026 found 49 percent of American adults think she is guilty of murder and 19 percent think she is not. In Massachusetts, a UNH/7NEWS poll found residents who had heard of the case nearly split: 40 percent guilty, 36 percent not guilty.
Do Massachusetts voters want Lindsay Clancy retried?
A plurality do. In the UNH/7NEWS poll, 43 percent said prosecutors should definitely or probably retry her, 33 percent said they should not, and 24 percent were unsure.
Does public opinion affect whether Clancy is retried?
Not legally. The decision belongs to the Plymouth County District Attorney, subject to the court’s rulings on the pending double jeopardy motion. Public opinion can affect jury selection and any request to move the trial.
Can the Clancy retrial be moved out of Plymouth County?
Yes, if a judge finds prejudice in the community so great that she cannot get a fair and impartial trial there, under Mass. R. Crim. P. 37(b). A judge can also bring in jurors from another county.
Sources: WHDH 7NEWS (UNH poll toplines); WBSM, September 30, 2026 (UNH poll party breakdown); UNH Survey Center abstract, September 24, 2026; Rasmussen Reports, September 2026. G.L. c. 234A, section 67A read at malegislature.gov; Mass. R. Crim. P. 37 and reporter’s notes read at mass.gov. We have not read the full UNH release. Lindsay Clancy is presumed innocent. General information about Massachusetts law, not legal advice.