Prosecutors in Massachusetts have not yet decided whether they will force Lindsay Clancy to stand trial a second time as the lone holdout juror urged the public to focus on the three ‘angels’ she killed.

The 36-year-old former labor and delivery nurse has remained in a psychiatric hospital since Judge William Sullivan declared a mistrial in her case earlier this month.

She returned to Plymouth County Superior Court on Tuesday, dressed in a short-sleeve blouse with her hair hanging in loose waves as her attorneys sparred with prosecutors over how to proceed in the case that has garnered international attention.

But the hearing ended without Judge Sullivan making any decisions in the case, as he ordered the two parties back in court on November 2 to discuss a potential trial date as well as several motions related to Clancy’s first trial.

Plymouth County District Attorney Tim Cruz told CBS Boston in the aftermath that his office has not yet decided whether to retry the mother-of-three for the strangling deaths of Cora, five, Dawson, three, and Callan, eight months old.

He said his office is instead waiting to see how the pending motions play out, but continue to move forward as though a second trial is imminent.

‘We’re doing a very thorough review right now,’ Cruz said. ‘And we’re going to continue to do our job and make sure we do what’s best for the interest of justice and the interest of the three children.’

His comments came just hours after the one juror who refused to find Clancy not guilty of murder or manslaughter by reason of insanity said he would like the focus to remain on Clancy’s ‘three angels’ even as her defense team takes aim at him.   

Lindsay Clancy, 36, returned to Plymouth County Superior Court in Massachusetts on Tuesday as her attorneys and state prosecutors sparred over how to proceed with her case

Plymouth County District Attorney Tim Cruz said his office has not yet decided whether to retry the mother-of-three

‘I know the whole focus has been on me but we want to reel everything back and put the focus on the three angels, the ones that cannot speak for themselves, the ones that can’t defend themselves, and the ones that cannot fight the battles. And those are Cora, Dawson and Callan,’ Michael Desronvil said in a video statement that aired on Fox News Monday night.

He then went on to ‘thank God for blessing me with the ability to love my daughter,’ and share his gratitude for those that have supported him.

‘Your prayers, your emotional support, your psychological support, is tremendous to my heart- that I feel, that I sense, that I know. I do want to thank you from the bottom of my heart. Thank you,’ Desronvil said.

Desronvil’s role in the trial was one of several matters that took center stage on Tuesday, after defense attorney Kevin Reddington filed a motion to dismiss the case.

He argued that Judge Sullivan failed to properly probe the holdout juror and the claims made by the foreperson before declaring a mistrial.

Had a thorough inquiry been made, he argued, a mistrial might have been avoided.

Reddington also argued that putting Clancy on trial for a second time would be a violation of double jeopardy laws and so the judge must dismiss the case altogether. 

Michael Desronvil finally broke his silence on Monday in a video statement shared with Hannity

Clancy was charged with murder after strangling her three children, Cora, five, Dawson, three, and eight-month-old Callan in 2023

Before the mistrial was declared, the jury foreperson sent two messages to the judge accusing the then-unidentified holdout of expressing reasonable doubt, but of refusing to apply it to the law.

At the time, Reddington called for the holdout to be struck from the case or to at least face further questioning.

Judge Sullivan refused and hours later, when the jury returned deadlocked again, a mistrial was declared.

Desronvil has said through his attorney Edward Paltzik that he has ‘zero doubt’ about Clancy’s guilt, based on what he described as ‘mountains of evidence.’

Outside the courthouse on Tuesday, Desronvil’s newly-appointed lawyer Heather O’Connor said she now opposes efforts by the defense team to further inquire about her client – including their request to access records from his cellphone in an apparent attempt to determine whether he was using it during jury deliberations, according to The New York Times. 

She also insisted Desronvil was honest when he filled out a jury questionnaire that asked him whether he had ever been arrested or charged with a crime.

Desronvil had been charged with a misdemeanor in 2021, after his wife claimed he grabbed her by the throat and threw her against a dresser.

But the charge was later dismissed, and O’Connor said it did not prevent him from serving on the jury.

Desronvil has said through his attorney Edward Paltzik that he has ‘zero doubt’ about Clancy’s guilt, based on what he described as ‘mountains of evidence’ 

She went on to say that her client just wants privacy for himself and justice for Clancy’s three children.  

‘He’s the only one being targeted here because his decision and his vote was different than everyone else’s. People should not have to worry – just as the commonwealth said – jurors should not have to worry about coming in and having them outed because they take a stance different than everyone else,’ she said.

The motion to investigate Desronvil was ultimately tabled, as was the defense motion to dismiss the case on double jeopardy grounds and a newly-filed motion from prosecutors requesting a gag order preventing Reddington from speaking out about the case.

Judge Sullivan said he will also take into advisement Reddington’s new argument in court that there is no evidence Clancy killed her children.

‘This entire case is based on speculation. Where is the admission? Where did she say that she did this?’ Reddington asked in court on Tuesday.

He noted there was no blood on Clancy’s socks after she cut herself and leaped from the bedroom window and claimed that when she woke from a coma, she had no memory of killing her children. Instead, she was simply told by police that she had killed her children despite there being issues with the timeline of that day, he argued.

‘It wasn’t even a horrendous investigation. There was no investigation,’ the lawyer claimed.

Because of the shoddy investigation, the state had no probable cause that she was even the perpetrator of the crime, he argued.

Attorney Kevin Reddington astonishingly argued in court on Tuesday that there is no evidence Clancy killed her children

Prosecutor Shanan Buckingham branded his comments ‘laughable,’ saying this was the first time the defense had made this claim.

The defense team had previously said that Clancy admitted to killing the children, but argued at her first trial that she should be found not guilty of murder or manslaughter because she was suffering from post-partum psychosis at the time.

But Reddington said outside the courthouse that the argument Clancy did not kill her children is ‘not new rocket science by any means.

‘It’s the fact that they cannot prove probable cause,’ he argued.

Reddington further claimed there is not sufficient evidence to prove the 36-year-old is criminally responsible for the killings.

In an insanity case in Massachusetts, the state must prove someone is criminally responsible through two points: whether the person was suffering a mental defect or disease at the time, and, if they were, whether they could still control their actions or conform to the law despite this mental illness. 

Because the state failed to show evidence to prove its case beyond a reasonable doubt, Reddington argued, the judge must enter a finding of not guilty on all charges.

Firing back, Buckingham argued that a defendant who suffers from mental illness can commit crimes and still be criminally responsible.