Lindsay Clancy retrial? Prosecutors reveal next step as judge weighs key motions

News now starts with breaking news. Several breaking stories right now at 1 o'clock. The prosecution of the Lindsay Clancy trial says they will pursue a retrial. The question, though, they still can't answer, and the concern raised by the defense. Also breaking, six people injured after an accident on the tracks. We're in Norwood with the update from the MBTA on train service. An ambulance smashed after crashing into a shipping container. What we're now learning about the person who was behind the wheel. And we are less than 24 hours until polls open for the midterm elections, the final push by candidates on the campaign trail this afternoon. We start with that breaking news in the Lindsey Clancy case. Thanks for joining us here at 1 o'clock. I'm Kel Thompson. Prosecutors say they will pursue a second trial. They say they plan to bring charges again, but they can't say yet what that trial would look like at this point. Defense attorney Kevin Reddington reacting to that decision just this afternoon. Take a listen. All right, so for more on this, let's bring in criminal defense attorney Elise Hershon to talk about what we saw in court. Not really a surprise that we are going to see a retrial. You had said that that was expected. What was a little surprising here was that the prosecution says they don't know what that's going to look like yet. What do you take that to mean? It's an unofficial way of telling us they are going to proceed to retrial of this. That's how I read it. But they're not committing to it's definitely going to be first degree. I expect it will be. I don't see them reducing it to a second degree murder charge. But right now we have to remember those first degree murder charges for each of those children are still pending against Lindsay. The only one that can decide whether to remove or reduce them. is Timothy Cruz, the Plymouth County DA, in his office. We did see some fireworks in court today, and the holdout juror was there as well. That, I think, surprised some folks because just a couple of weeks ago, the judge had said, we're not going to call that juror up for any testimony. There will be no investigation into them. So clearly they sent a subpoena for that. That 12th juror to come to court, the judge said there's not going to be an evidentiary hearing, meaning he's not going to be able or he's not going to be allowed to be questioned by the defense as to his phone records, what he was looking up, what he wrote on the juror form. But apparently that subpoena was still active and he abided by that by going to court. We wouldn't have known that unless Reddington pointed it out, which he did on the record. He also called out Tim Cruz, Plymouth County D.A. For sitting there and not having an official decision on the retrial. We heard Reddington say that he wants a trial by next spring. That feels like it's a ways off, but that's actually a very quick turnaround, it seems like, right? It's a pretty quick turnaround. It's in the best interest, really, of all parties for Judge Sullivan to preside over the next trial. This case is of so many complexities. We've been following this very closely, everybody who's been watching it. For a new judge to come in and relearn all these issues and the complexities if it was after he retires, Would take a lot more time, and I think he just has such an intimate knowledge of the case. It makes most sense to do it in front of him, and they have to rush this then if that's what they want. All right, well, the headline here is we are moving towards a retrial. The question is, what will the charges look like? We still don't have that. They'll be back in court here in two weeks, I believe, is what it was. Yes, exactly. Elise, thank you very much for your context and perspective in all of this. This is obviously a story that we will continue to cover. For all of us, for all of our previous coverage on Lindsay Clancy, you can find more on our website at boston25news.com.