Lindsay Clancy: Why the Judge Wouldn’t Replace ONE Juror

In a case where eleven jurors reportedly saw one outcome and one juror held firm, what does the law ask a judge to do? Lindsay Clancy’s first trial ended without a verdict on September 4, 2026. Her lawyers later argued that Judge William Sullivan should have investigated the holdout juror or used an alternate rather than declaring a mistrial.

Tony Brueski is joined by defense attorney and former prosecutor Eric Faddis to unpack the defense’s double jeopardy challenge and the judge’s answer. Clancy, charged in the deaths of her children Cora, Dawson and Callan, argued that a second trial should be barred because Sullivan had reasonable alternatives to a mistrial. The defense pointed to jury notes expressing concern about one juror’s handling of reasonable doubt and to six alternates who had listened to the case.

On November 9, Sullivan ruled that the jury’s deadlock presented a manifest necessity for mistrial. He declined to dismiss the charges and warned that further inquiry into a known holdout risked influencing the juror’s vote. An eleven-to-one split described by jurors after the trial is not a finding of not guilty by reason of insanity.

The judge separately denied access to the holdout’s phone information and questionnaire, ruling that the defense had not demonstrated grounds for such an intrusion. He also refused prosecutors’ request for a gag order against Kevin Reddington. Both sides therefore lost significant motions.

The case centers on whether Clancy was criminally responsible at the time of her children’s deaths. Her attorneys point to postpartum psychosis; the prosecution argues her conduct was knowing and deliberate. Faddis explains the legal boundaries of that argument and the difference between retrying a case and overturning a verdict that never existed. The next hearing is November 16, and District Attorney Tim Cruz has not yet publicly settled the precise path forward.

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