STEVE INSKEEP, HOST:
Lindsay Clancy appeared in a Massachusetts courtroom today. It's the first time she's been there since her murder case ended in a mistrial. The judge considered a motion to dismiss the case, which accuses Clancy of murdering her three children in 2023. He's set another hearing for November. Deborah Becker from our member station WBUR reports.
DEBORAH BECKER, BYLINE: The defense motion to dismiss the case argues the judge did not have to declare a mistrial. Instead, it says he could have more closely investigated reports that one juror would not follow the law. It's one of several motions that experts say points to a legal strategy setting up for an appeal. Retired judge Jack Lu says it would be unusual for a judge to investigate a juror.
JACK LU: It's going to be a hard road for the defendant because it is not in the public interest to interfere with jury deliberations in the way that the defense is asking.
BECKER: Even if the judge rules to dismiss, the prosecution could appeal. If the judge rejects the defense motions, there could be a new trial. Boston College law professor R. Michael Cassidy says it's likely that prosecutors are carefully considering these defense moves.
R MICHAEL CASSIDY: It alerts the prosecutor to the fact that, jeez, even if we retried this on first-degree murder, even if we were successful, that conviction could be overturned.
BECKER: Prosecutors could also agree to a deal where Clancy would plead guilty to lesser charges and continue to be held at a state hospital where she's receiving mental health treatment. Regardless of what happens today, it's likely to be some time before the Clancy case is resolved.
For NPR News, I'm Deborah Becker in Boston. Transcript provided by NPR, Copyright NPR.
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