The Massachusetts judge who oversaw the Lindsay Clancy trial has denied a motion to question the one juror who refused to acquit the mother in the murder of her three children.

Michael Desronvil, 48, broke with the 11 other jurors in the case last month, who found that Clancy was not guilty of the murder of her children, five–year–old Cora, three–year–old Dawson and eight–month–old Callan, because she had been suffering from postpartum psychosis at the time of their deaths.

Without a consensus from the jury, Judge William Sullivan declared a mistrial in the case on September 4.

Amid the uproar over the decision, details about Desronvil’s past came to light – and Clancy’s attorney claimed that he lied to the court about previous domestic violence allegations that would have precluded him from serving on the jury.

Clancy’s attorney then filed a petition requesting an evidentiary hearing in an effort to investigate whether he lied during jury selection, improperly used a cellphone or refused to follow the judge’s instructions.

But Sullivan ruled on Wednesday that any information uncovered after a mistrial was declared cannot be used to challenge whether declaring it was justified at the time.

He also rejected the defense’s argument that the jury foreperson’s notes were unclear. Yet Sullivan has not yet ruled on Clancy’s motion to dismiss the three murder charges on double jeopardy grounds.

Arguments on that motion are scheduled for November 2. 

Lindsay Clancy’s trial ended in a mistrial over a hung jury last month. Michael Desronvil, 48, was the sole juror who did not vote to acquit the mother–of–three

Clancy’s attorneys claimed that he lied to the court about previous domestic violence allegations that would have precluded him from serving on the jury and were seeking an evidentiary hearing in the case

This is a breaking news story and will be updated.