Lindsay Clancy back in court following mistrial

PLYMOUTH, Mass. (CBS, KYMA) - Lindsay Clancy was back in court Tuesday morning to determine what's next after her mistrial earlier this month.

The Massachusetts mother is accused of killing her three children in 2023.

Jurors in her first trial ended in a deadlock in favor of finding her not guilty by reason of insanity.

During Tuesday's status hearing, Clancy's defense team moved to permanently stop a retrial.

Attorney Kevin Reddington argued that prosectors didn't prove that the now 36-year-old actually committed the crime, but the state pushed back.

"This entire case is based on speculation. Where is the admission? Where does she say that she did this?" Reddington expressed.

"Now for the first time the defendant is arguing there is no evidence that she did this. I suggest to you that the entire record is voluminous as to the information supporting the fact that she did this," said Shanan Buckingham, prosecutor.

Clancy's attorney has filed two motions to dismiss the case, including one calling for an investigation into the lone holdout juror who voted to convict her.

The judge said he would make a decision at a later date on the motion to dismiss the case.

Another hearing is scheduled for November 2.