林賽・克蘭西律師要求駁回麻州謀殺案

內特・雷蒙德（Nate Raymond）報導By Nate Raymond

11月2日（路透社）—— 林賽・克蘭西的律師週一敦促法官駁回她面臨的謀殺指控，並對檢方至今仍未說明如何計畫重審她在2023年於麻州住家殺害3名年幼子女一案表示不滿。Nov 2 (Reuters) - Lindsay Clancy's lawyers urged a judge on Monday to dismiss murder charges against her and expressed frustration that prosecutors have yet to make clear their plans to retry her for killing her three young children at her Massachusetts home in 2023.

法官威廉・沙利文原本要求檢辯雙方在麻州普利茅斯的聽證會上，準備討論克蘭西可能重審的日期。沙利文此前因初審陪審團意見僵持不下，於9月4日宣布無效審判。Judge William Sullivan had asked the prosecution and defense to be prepared at the hearing in Plymouth, Massachusetts, to discuss a date for a potential retrial for Clancy after the judge declared a mistrial on September 4 due to a deadlocked jury in the initial trial.

但普利茅斯郡地區檢察官提摩西・克魯茲（Timothy Cruz）辦公室並未宣布接下來將如何起訴此案，法官也未設定重審日期。But Plymouth County District Attorney Timothy Cruz's office did not announce plans for how it would prosecute the case moving forward, and the judge did not set a retrial date.

克蘭西的律師之一馬丁・溫伯格（Martin Weinberg）告訴沙利文，陪審團通報有一名堅持己見的陪審員導致12人陪審團無法達成一致裁決後，法官宣布無效審判的行動過於倉促。Martin Weinberg, one of Clancy's lawyers, told Sullivan that the judge had acted prematurely in declaring a mistrial after the jury reported that a holdout juror was preventing the 12-person panel from reaching a unanimous verdict.

克蘭西的律師主張，證據顯示她殺害子女時正深陷產後精神病，應以精神失常為由判定無罪；在麻州，這稱為缺乏刑事責任能力。Clancy's lawyers have argued the evidence showed she was in the throes of postpartum psychosis when she killed her children and should be found not guilty by reason of insanity, known in Massachusetts as lack of criminal responsibility.

若干陪審員在宣布無效審判後接受電視訪問時表示，若不是那名堅持己見的陪審員，他們原本已準備以精神失常為由判定克蘭西無罪。這樣的裁決將導致克蘭西被送入州立精神病院，並須接受法院定期審查。Some jurors said in televised interviews after the mistrial was declared that they had been prepared to find Clancy not guilty by reason of insanity, but for the one holdout juror. Such a verdict would have resulted in Clancy's commitment to a state psychiatric hospital, subject to regular court review.

辯方要求法官駁回本案，理由是重審將違反美國憲法保障克蘭西不因同一罪行受審兩次的權利，也就是所謂的一罪不二審。The defense asked the judge to dismiss the case on the grounds that a retrial would violate Clancy's protections under the US Constitution against being tried twice for the same crime, called double jeopardy.

檢方等待法官裁定PROSECUTION WAITS FOR JUDGE'S RULINGS

克蘭西的另一名律師凱文・雷丁頓表示，她有權知道「他們是否要再對她出手一次」，進行第二次審判。Kevin Reddington, another of Clancy's lawyers, said she is entitled to know whether "they're going to take a run at her again" with a second trial.

雷丁頓問：「為什麼我們不知道下一次審判會是一級謀殺、較輕的指控，還是不起訴？」"Why do we not know if the next trial is going to be murder in the first degree or a lesser charge or no charge?" Reddington asked.

助理地區檢察官珍妮佛・斯普拉格表示，檢方打算重審克蘭西案，但將等待法官就數項待決動議作出裁定後，再「決定會是什麼形式」。Assistant District Attorney Jennifer Sprague said prosecutors intend to retry Clancy but will wait to see how the judge rules on several pending motions to "decide what that looks like."

雷丁頓表示，任何進一步延宕都可能意味著此案最後會交由新法官審理，因為沙利文明年將屆齡退休。Reddington said any further delay could mean the case would wind up before a new judge, as Sullivan is due to retire next year.

雷丁頓說：「我不會讓這名女子接下來一年、兩年或三年都坐在牢裡。我想要審判，我希望由你來審，我希望今年春天開審。」"I am not going to have this woman sit incarcerated for the next year or two or three," Reddington said. "I want a trial and I want it with you and I want it this spring."

沙利文似乎對這個選項持開放態度，表示在他退休前於3月審判「大概可行」。法官排定11月16日舉行聽證會討論審判日期，並表示將力求在屆時以前就辯方要求撤案的聲請作出裁定。Sullivan appeared open to that option, saying a trial in March before he retires is "probably realistic." The judge scheduled a November 16 hearing to discuss a trial date, and said he would aim to rule on a defense bid to toss the case by then.

陪審員相關疑問QUESTIONS OVER JUROR

36歲的克蘭西因女兒柯拉（Cora）、5歲；兒子道森（Dawson）、3歲；以及8個月大的兒子卡倫（Callan）死亡而面臨一級謀殺指控。Clancy, 36, faced first-degree murder charges over the deaths of her daughter Cora, 5; son Dawson, 3; and 8-month-old son Callan.

克蘭西初審中無人爭執的是，2023年1月24日，她在波士頓郊區達克斯伯里（Duxbury）住家地下室，用運動彈力帶勒死孩子們。她隨後持刀割傷自己，並從二樓窗戶跳下，試圖結束自己的生命，導致癱瘓。No one at Clancy's initial trial disputed that she strangled the children with exercise bands on January 24, 2023, in the basement of their home in the Boston suburb of Duxbury. She then cut herself with a knife and jumped from a second-story window in an attempt to end her own life, leaving her paralyzed.

在週一的聽證會上，克蘭西的律師敦促沙利文允許他們取得有關那名堅持己見陪審員的紀錄。At Monday's hearing, Clancy's lawyers urged Sullivan to grant them access to records concerning the holdout juror.

溫伯格表示，陪審團主席通報那名堅持己見者未遵守法官指示——即只有在檢方證明其案件達到排除合理懷疑的程度時，克蘭西才能被定罪——之後，沙利文不應宣布無效審判，而應提出問題，評估這名單一陪審員是否真誠參與審議。Weinberg said that rather than declaring a mistrial, Sullivan should have posed questions to assess whether the single juror was deliberating in good faith, after the foreperson reported that the holdout was not following the judge's instructions that Clancy could only be convicted if prosecutors proved their case beyond a reasonable doubt.

溫伯格說：「一名被控犯罪的公民，尤其是本案中帶有謀殺指控這般重大性的犯罪，不應承受第二次審判的風險與負擔，除非存在明顯必要性，使宣布無效審判成為勢在必行。」"A citizen charged with a crime, particularly one carrying with it the gravity of the murder charge in this case, should not be subjected to the perils and burdens of a second trial unless there was manifest necessity that made the mistrial declaration an imperative," Weinberg said.

斯普拉格反駁說，法官對陪審團僵局的處理適當，並表示一名陪審員堅持己見，並不意味沙利文應冒著干預審議的風險去詢問他。Sprague countered that the judge handled the jury impasse appropriately, saying the fact that one juror dug in his heels did not mean Sullivan should risk interfering with the deliberations by questioning him.

斯普拉格說：「從紀錄來看很清楚，這名陪審員並非拒絕審議。他是拒絕同意。」"It is clear from the record this juror did not refuse to deliberate," Sprague said. "He refused to agree."

（波士頓內特・雷蒙德報導；大衛・巴里奧（David Bario）與威爾・鄧納姆（Will Dunham）編輯）(Reporting by Nate Raymond in Boston; Editing by David Bario and Will Dunham)