o mistrial

Weinberg argued that the judge should have replaced Desronvil with an alternate during the deliberations after the jury foreperson complained he was refusing to listen to the law on reasonable doubt.

 Contrary to the court's stated belief at the time, it did have viable choices other than declaring a mistrial,  Weinberg wrote.

A spokesperson for Plymouth County District Attorney Timothy Cruz would not comment on the motions.

At the trial, jurors heard from psychologists and clinicians who treated Clancy for several months before the killings, when she was suffering from worsening mental health problems that emerged after the birth of her youngest child. She was released from a psychiatric hospital less than three weeks before she killed her children.