Judge clears way for Lindsay Clancy retrial in deaths of her 3 children

Headline here. A judge this afternoon denying two motions from Clancy's defense. That would be a motion to dismiss charges and a motion to preserve juror records from the first trial, which we know ended in a hung jury. However, the judge also denying a motion by prosecutors to add limits on what the attorneys can say to the media. So media statements essentially will be allowed. And Clancy's team we know has been outspoken in the media. I want to bring in Boston 25 legal analyst Elise Hirschon here this afternoon. You've been following this very closely. Let's talk about this because this is essentially a loss in two categories for Clancy's defense. Unless you consider a win that the defense gets to try this again, but yes, they are looks like they're going to be heading towards a retrial. There's not going to be a dismissal with double jeopardy attached. But the win or I guess the advantage here is that attorney Reddington will be able to communicate with the press. They could not establish that prior restraint was necessary. First Amendment protects them talking to the press if there is a retrial. We know that they've been very outspoken in the press as well, usually after court while the first case was going on. Talk to me about the preservation of juror records here, because the defense had wanted to really hold on to, in particular, that questionnaire that the prospective jurors had to fill out before they were selected. Essentially what the court is saying is it's too late and it doesn't matter at this point. If there's a retrial, Juror Doe is not going to be seated on it, so any inquiry into his questionnaire, it's not going to change or affect the ruling on the mistrial, the ruling on the motions to dismiss, and it's not going to affect any issue or any element of the case in the retrial. So the judge is saying it's too late, essentially. Juror Doe in this case being that lone holdout juror that the defense had wanted to know more about. Correct. And whether or not he misrepresented or misled something on his jury questionnaire does not affect her ability to have a fair trial the next round with the new jury. And we do know that we have another court hearing coming up. Still to be decided is when this would be heading back to trial, but it sounds like that's going to be the case. Elise Hirschhorn, thank you so much for your context and your perspective on this. Very fortunate having you here for the Farwell trial when this broke this afternoon. We'll check him back in. Thank you. OK, two important new rulings in the Lindsay Clancy trial within the last 20 minutes. Kaylee thank you. We have continuing coverage of the Clancy mistrial at our website right now and Boston 25 News, our app right now. We're still waiting to find out what that could that could be retried in a new trial, what that could mean and when that might happen. The prosecution makes that decision. We, of course, will pass that on and let you know.