Attorneys for Clancy and the prosecution appeared in court to argue various motions related to the case

NEED TO KNOW

• Lindsay Clancy remains on suicide watch, one of her attorneys told CBS
• Clancy appeared in court Monday, Nov. 2, for a hearing on a defense motion to dismiss
• Clancy’s first trial ended in a mistrial

Lindsay Clancy appeared in court for a hearing on whether her case could be dismissed on double jeopardy grounds.

Attorneys also argued over records related to the lone holdout juror during the hearing on Monday, Nov. 2, which was streamed by the Associated Press and NBC News, among other outlets.

Prior to the hearing, one of Clancy’s attorneys, Rosemary Scapicchio, told CBS News that her client is still on suicide watch.

“She doesn’t want to be here,” Scapicchio told the outlet. “She wants to be with her children.”

Scapicchio further added that Clancy has “horrible dreams about this.”

Clancy and her attorneys, including Kevin Reddington and Martin Weinberg, appeared in court Monday, Nov. 2, to argue that double jeopardy protections should prevent further prosecution.

Judge William Sullivan said he would take the motion to dismiss under advisement following arguments from both sides.

The case is proceeding in the wake of Lindsay’s murder trial, which ended with a hung jury and a mistrial. She is charged with three counts of murder in the deaths of her children — Cora, 5, Dawson, 3, and 8-month-old Callan — in January 2023.

The jury was split 11-1 in favor of a verdict of not guilty by lack of criminal responsibility.

Lindsay has not denied killing the children, but her defense has argued that she was suffering from postpartum psychosis and overmedication at the time.

After the children were fatally strangled, Lindsay cut her wrists and jumped out of a second-story window in an apparent suicide attempt.

PEOPLE previously reported that Weinberg was added to Clancy’s legal team in September.

“Reddington remains as trial counsel,” Weinberg told PEOPLE. “I am in charge of the constitutional litigation.”

Weinberg has previously represented several high-profile clients, including Karen Read, another well-known Massachusetts defendant.

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Prosecutors have argued against the motion to dismiss the case.

It is not yet clear if the prosecution will retry Clancy’s case if the motion to dismiss is rejected by the judge.

Clancy remains in custody at Tewksbury Hospital.

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