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The double jeopardy motion was always a Hail Mary, so denying it settles nothing about how a second trial should look. If prosecutors pursue three more first-degree murder charges, they risk repeating the tone-deaf treatment of maternal mental health that undermined their first case. A second-degree charge could mean a judge rather than a jury, giving the defense a different forum to argue Clancy was not guilty by reason of insanity.
Three young children were killed, yet their deaths remain without a verdict. A jury deadlock is no reason to let the case end without accountability, and Judge Sullivan was right to reject Clancy's double jeopardy motion. A new jury must hear the case and deliver a verdict, with a first-degree murder conviction carrying mandatory life without parole in Massachusetts.