Lindsay Clancy is set to appear in a Massachusetts courtroom on Monday for a pivotal hearing that could determine the future of her triple murder case in the deaths of her children.

Two months after a deadlocked jury ended a lengthy trial this summer in a mistrial, the judge overseeing the case told prosecutors and defense lawyers he plans to discuss a future trial date during Monday’s hearing. 

“That’s my goal — to get this thing tried to as soon as proper without sacrificing anyone’s rights, anyone’s position. But I don’t want this thing to then just start to kind of get kicked down the road, punted, and go forward,” Judge William Sullivan said during September’s hearing. 

Neither side has firmly committed to retrying the case, saying they want to see how the judge rules on some post-trial motions before they decide their plans. Judge Sullivan plans to hear arguments on some of those issues during Monday’s hearing, including Clancy’s motion to dismiss the case and a request for a gag order ahead of a potential second trial.

Below are the three main issues set to come up during Monday’s hearing.

Motion to dismiss 

Clancy’s attorneys are asking Judge Sullivan to dismiss the case, arguing that he failed to fully investigate whether the holdout juror who forced the mistrial properly followed the court’s instructions on the law. 

Attorneys Martin Weinberg and Kevin Reddington argue there was no need to declare a mistrial at that point, and that retrying the case after improperly ending the first trial would amount to double jeopardy. 

Prosecutors argued that Judge Sullivan “properly declared a mistrial” after the jury reported being deadlocked twice, and that investigating the holdout further “would have surely led to judicial coercion of that juror and the impermissible intrusion into the substance of the jury’s private deliberations.”

“The Court’s decision to conduct a limited individual inquiry of each juror and then instruct the collective jury on reasonable doubt – made after carefully considering counsels’ proposed alternatives — was a proper exercise of the Court’s discretion,” prosecutors wrote. 

Attorneys with the Plymouth County District Attorney’s Office also argued the foreperson’s notes about the deadlock did not allege a “personal issue, bias, or extraneous influence attributable to the dissenting juror.” 

The holdout juror — who identified himself as Michael Péguy Desronvil — said in statements and an interview following the trial that he had no doubts about her guilt. 

“How methodical I thought Lindsey was in the execution of the children, so that was really big for me,” he told Fox News. “The thought process that goes behind and to fulfill the commitment of doing that. I thought it was um, it was um, it was uh logical.”

Judge Sullivan will also hear arguments Monday about the defense’s request to further investigate the holdout juror, including by reviewing court documents and his cell phone records. Last month, Judge Sullivan denied a request to hold an evidentiary hearing about the holdout. 

“This Court concludes that any further judicial inquiry is inappropriate, given the mandate that the court must not delve into a juror’s subjective reasoning, thought process, view of the case, or relationship to the other jurors, and must not inquire into the jury’s deliberative content, collective thought process, or any disagreement among the jury,” Judge Sullivan wrote. 

Request for a gag order 

Judge Sullivan will also hear arguments about a request by prosecutors to impose a gag order, which they argue is necessary to “prevent the carnival atmosphere” from the first trial. 

“Restraints on any further extrajudicial statements are necessary in this case to protect the integrity and fairness of the judicial system,” they wrote. 

Ahead of a potential second trial, prosecutors said the gag order would “prevent any further pollution of any potential jury venire as well as subsequent witness testimony.”

Defense lawyers pushed back on the request and argued that the concerns raised by prosecutors were speculative. 

“It offers no evidence that any prospective juror has been exposed to, or affected by, anything counsel has said. Invoking an important interest is not enough to justify such an order. And if a future venire were already ‘inevitably tainted,’ silencing counsel now could not cure it,” wrote defense attorney Laura McConnell. “The harm the government fears is purely speculative. There is no venire, no jury, and no trial date.”

While gag orders are sometimes imposed during high-profile trials, the defense argued that prosecutors did not meet the high legal bar needed to justify the request. 

“The government bears a heavy burden to justify such an order. It offers no evidence. There is no jury, and it is unknown whether one will ever be impaneled. There is no trial date. The Motion should be denied,” McConnell wrote. 

Future trial date 

Judge Sullivan concluded Clancy’s last appearance in court by telling both sides to “be prepared to talk about picking a trial date” during Monday’s hearing. 

“I think it’s important that this case move forward if it has to move forward,” Sullivan said during the Sept. 29 hearing. “Why don’t we just pick a trial date that will get this case moving?” 

In a rare moment of agreement, both Reddington and prosecutors told the judge that they would rather wait until he resolves the post-trial motions before they agree to a new date. 

“We’d rather defer until you make your rulings and then any appellate arguments are presented, rather than pick a trial date,” Reddington said. 

Following the hearing, Plymouth County District Attorney Timothy Cruz said outside court that his office is still evaluating whether to retry the case. 

“We’re doing a very thorough review right now, and we’re going to continue to do our job to make sure that we do what’s best for the interests of justice and the interests of those three children,” he said. 

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Four people were killed in three apparently unrelated shootings across the Deep Ellum neighborhood in Dallas late on Halloween night, police said, adding that a suspect had been taken into custody and at least one other was being sought.

“The detectives and officers are still trying to put everything together to understand exactly what happened on each scene and to see if anything is related,” Dallas Police Chief Daniel C. Comeaux said during a press conference on Sunday. “At this time, we have no information that they are related, but we’re still doing an investigation to try to figure that out at this time.”

Comeaux said at least 15 people had been injured in the shootings, but that number could rise as some people had transported themselves to nearby hospitals.

The first shooting began at about 12:20 a.m. near the 2600 block of Elm Street, followed less than an hour later at about 1:05 a.m. by a shooting on the 2600 block of Main Street, police said. The third began at about 1:35 a.m. on the 200 block of S. Crowdus Street.

Dallas Police sources told ABC News’ Dallas–Fort Worth affiliate WFAA that at one location a man allegedly said he was going to “start shooting.” At least three people were killed at that location, the source said.

Such violence “is always unacceptable in our city,” Dallas Mayor Eric L. Johnson said in a statement.

“Public safety must always remain our top priority and we must continue to explore strategies to ensure that Deep Ellum can be a safe gathering place in our city,” Johnson added.

Johnson and Dallas City Manager Kimberly Bizor Tolbert both said the victims and their families would be in their thoughts.

“Dallas Police officers were on the ground and able to respond immediately. Dallas Police will continue to investigate this incident and work to bring those responsible to justice,” Tolbert said in a statement. “We will share additional information as it becomes available.”

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A Learjet believed to be carrying nine people crashed on Sunday afternoon in Palm Beach County, Florida, after making a rapid dive of about 350 feet per second, according to the Federal Aviation Administration.

The plane, a 22-year-old twin-engine Learjet 60, crashed after taking off from Austin, Texas, and was headed to North Eleuthera in the Bahamas, according to the FAA.

The FAA and National Transportation Safety Board will investigate the crash, the FAA said.

Photos and videos online showed a jet hitting the ground nose-first and bursting into a fireball. The impact of the crash left a crater near a shopping center.

The jet crashed near Military Trail, between Cresthaven Boulevard and 10th Avenue, in the Greenacres community of Palm Beach County, authorities said.

There was no immediate word from authorities on deaths and injuries.

The plane went from 35,250 feet to 8,750 feet in a little over a minute, or roughly 350 feet per second, before it slammed into the ground, according to the FAA.

“Obviously, this was a cataclysmic plane crash,” Florida Gov. Ron DeSantis said during a press briefing on Sunday. “It looked like a missile going down. It left a big crater on the side of the road.”

“I think people will recognize this as a major tragedy,” he said.

According to records, the plane belongs to a private company and has been used as a rental in the past.

This is a developing story. Please check back for updates.

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As parts of the Southwest are expected to endure another day of heavy rain and flash flooding on Sunday, a developing cross-country storm could produce a soggy Election Day across the central United States.

Flood watches remain in effect on Sunday across much of Arizona, portions of southern Utah, southwestern Colorado, northwestern New Mexico and southern Nevada.

Over the weekend, parts of the Southwest have received 1 to 2 inches of rain, ramping up a flash-flooding threat.

A level 3 of 4 risk for flash flooding is forecast on Sunday across the region, including the cities of Flagstaff, Ariz., Cedar City, Utah, Durango, Colo., and Farmington, N.M. The Grand Canyon, Zion and Bryce Canyon National Parks are also at risk of flash flooding.

Cross-country storm track

The renewed flash-flood threat across the West and Southwest — including Arizona, Colorado, New Mexico and Utah — is expected to be exacerbated by a cross-country storm system that will begin hitting the West on Sunday.

The town of Pagosa Springs, Colo., was being evacuated on Sunday ahead of potentially historic flooding of the San Juan River, according to the Archuleta County Sheriff’s Office. Mandatory evacuation orders were in effect Sunday afternoon, about a week after the San Juan River spilled its banks and caused flooding in Pagosa Springs.

“The river is rising faster than originally anticipated and is now expected to crest higher than previously forecast,” the sheriff’s office said in a social media statement on Sunday.

The river, according to the sheriff’s office, could crest as soon as 6 p.m. local time on Sunday.

“Even if you are not currently in a mandatory evacuation area, we strongly encourage anyone who does not feel safe where they are to move to higher ground NOW. Do not wait until conditions worsen,” the sheriff’s office said.

Colorado Emergency Management officials said in a social media statement on Sunday that the San Juan River is expected to rise to historic levels.

“To put the forecast into perspective, during the devastating 1911 flood that wiped out most of what existed as the town of Pagosa at that time, the San Juan River crested at approximately 17.8 feet. The current forecast calls for the river to rise nearly 2 feet above that historic level.”

Across Arizona, flash flooding and numerous road closures were being reported Sunday afternoon. Evacuation orders were also issued for parts of Sedona and Cedar Creek, Ariz., due to the rapidly rising floodwaters, including along Oak Creek in the area.

Sedona Fire posted an alert on their Facebook page, saying they were “calling in extra personnel to assist with an excessive amount of rescue operations in the area.” The post included a video of homes being flooded and vehicles getting stuck in the rapidly rising waters.

White Mountain Apache Tribe, a federally recognized sovereign nation of about 15,000 members in east-central Arizona, also issued evacuation orders on Sunday afternoon.

Besides heavy rain, mountain snow is possible over the next few days across the higher elevations of the southern Sierra Nevada to central Rockies. However, it remains too early to tell how the cross-country storm will affect other parts of the country as it moves east.

The system is expected to sweep across the center of the country on Monday, bringing rainy weather to parts of the Plains and upper Midwest.

On Monday, scattered severe thunderstorms may develop across portions of the central and southern Plains by the late afternoon and evening hours. Wichita Falls, Texas, Wichita, Kan., and Oklahoma are expected to be in the threat zone.

Severe thunderstorms moving across the Plains and upper Midwest could also be accompanied by potentially damaging wind gusts, large hail and tornadoes.

Early forecast for Election Day

On Tuesday, Election Day, unsettled weather will be focused over the center of the country and parts of the Gulf Coast. The East and West coasts will be mostly dry for Election Day.

Rain showers on Tuesday are expected to become widespread across portions of the central Plains and Midwest, with strong thunderstorms possible from East Texas into the lower Mississippi Valley.

Rain showers will become more widespread across portions of the central Plains and Midwest,

The cross-country storm could reach the East by Wednesday and Thursday as a weakened system, with possible scattered showers and thunderstorms across the area.

Separate system impacting parts of Florida

A separate system is expected to bring an elevated flash-flood risk to eastern Florida on Sunday and Monday.

Flash flooding could develop across parts of the Florida peninsula as rounds of heavy rain sweep across the region. Flood Watches have been issued from Miami to Cape Canaveral through Monday afternoon.

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The Immigration and Customs Enforcement officer accused of intentionally striking a man in Houston earlier this month is expected to surrender on Monday morning, his attorney, David Lindenmuth told ABC News. 

Mario Alberto Morales was indicted by a grand jury in Houston on a charge of second-degree aggravated assault with a deadly weapon, according to the Harris County District Attorney’s Office.

Lindenmuth said Morales did not intend to strike Miguel Parra Hernandez when he was pursuing him and another person who were attempting to flee on foot on Oct. 10.

“It was an accident. It was nothing more than accident, but the DA to score political points right before elections decided to bring charges,” Lindenmuth said. 

At a press briefing on Friday, Harris County District Attorney Sean Teare alleged that Morales’ body-camera footage shows the officer “aggressively steered his vehicle” into Parra Hernandez.

The district attorney played graphic video from the officer’s body-worn camera alongside surveillance footage of the incident during a press briefing.

The body-camera footage appears to show Morales behind the wheel, pursuing Parra Hernandez and another individual who are fleeing on foot. 

“Got a runner, got a runner,” the officer can be heard saying. “On foot. Both of them.”

Seconds later, the body camera footage shows the officer appearing to turn his steering wheel toward the left. Authorities say that’s when the vehicle struck Parra Hernandez and then came to a stop.

Morales is then seen approaching Parra Hernandez, who is lying on the ground crying in agony, and moving his leg.

When asked about the video, Lindenmuth said Morales had two detainees in the back seat and was trying to avoid striking a vehicle and did not intend to hit him. 

“Clearly there is contact but the contact wasn’t intentional. It wasn’t knowingly,” Lindenmuth said. “It was in reaction to him trying not to strike a vehicle.” 

Lindenmuth said Morales served in the army, was a paratrooper, and is a Christian pastor who does missionary work overseas. 

He said he believes the charges against his client are politically motivated.

“This is a good man, so why are you attacking his character and his background? You know why? When you don’t have evidence, you have to vilify somebody,” he said. “So he has to make him the boogeyman, a monster, because he knows he cannot prove intent because there was none.” 

Speaking at the press briefing, the DA told reporters: “I’ve reviewed hundreds of cases, some very similar to this. The evidence that we have in this case is as clear as any that I’ve ever prosecuted or investigated.”

Attorney Kim Bruno, who’s representing Parra Hernandez, her client suffered fractures and nerve damage and underwent surgery following the incident.

“All he wants is accountability,” Bruno said. “He wants assurance that this will not happen to anybody else. He is so sympathetic, and all he cares about are the other people. But he is the one in the bed suffering.”

Parra Hernandez is currently detained and remains in federal custody at a rehabilitation facility.

According to Lindenmuth, Morales is a former corrections officer who enlisted in the Army. 

Morales also worked as a detention and processing officer at the Port Isabel Detention Center and worked with DHS as an ICE contractor, Lindenmuth said. 

He joined ICE as a federal immigration officer in August 2025, Lindenmuth said. 

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A federal judge on Friday did not immediately rule on a request from attorneys for former FBI Director James Comey to throw out criminal allegations put forward by the Justice Department accusing him of allegedly mishandling classified information more than a decade ago. 

It’s the third known effort by federal prosecutors to attempt to bring charges against Comey in the span of 13 months, after President Donald Trump issued a public demand for the Justice Department to act “now” to bring prosecutions against Comey and other perceived political foes.

U.S. District Judge Trevor McFadden heard arguments for nearly two hours over whether the government improperly sought to extend the statute of limitations so they could charge Comey by filing a “criminal information” rather than an indictment, which requires sign-off from a grand jury. 

At one point in the arguments, the judge addressed the Justice Department’s recent difficulties in convincing grand juries to approve charges in a growing number of cases, despite that previously being extraordinarily rare. 

“Turns out ham sandwiches are harder to indict these days,” Judge McFadden said, referring to New York Judge Sol Wachtler’s famous 1985 quote regarding how easy indictments are to attain.

It was unclear by the conclusion of the hearing whether McFadden would issue a ruling by next Thursday, which would technically be the last day for the government to seek a grand jury indictment against Comey, until the criminal information is dismissed under the Speedy Trial Act. 

But DOJ attorney Dustin Farahnak said that, as part of the government’s active investigation, it has since uncovered evidence that could be included in the case as recently as April of 2017 — which, if true, would extend the government’s ability to potentially charge Comey for another six months. 

Before concluding the hearing McFadden cautioned to the government, saying he “will be extremely frustrated if there is some dawn raid” to arrest Comey, prompting Farahnak to assure him “that won’t happen.”

Earlier in the hearing, Comey’s attorneys said there have been several recent instances where FBI agents have been parked outside Comey’s home for unexplained reasons, raising the suggestion that he could face arrest at any moment. 

The latest allegations against Comey were revealed Monday after McFadden ordered details of the behind-the-scenes legal fight to be unsealed at the request of Comey’s legal team.

According to unsealed court records, prosecutors allege that Comey broke the law by directing FBI staff to leak information to a New York Times reporter for an article published on Oct. 5, 2016, titled “Yahoo Said to Have Aided U.S. Email Surveillance by Adapting Spam Filter.”

“The United States’ investigation has uncovered evidence that former FBI Director, James B. Comey, sought to correct misinformation which had appeared in the press by way of Reuters the day before,” prosecutors wrote in their response to Comey’s motion to dismiss the case earlier this month. “Mr. Comey directed staff to speak to [the New York Times reporter] about specific accuracy concerns related to the Reuters article, and thereby illegally transferred classified information.”

The article in question centered on whether the Department of Justice sought a court order from the Foreign Intelligence Surveillance Court to force Yahoo to search for communications between members of a foreign terrorist organization.

According to court filings, Comey sought to correct claims in a Reuters story published the previous day that Yahoo “secretly built a custom software program to search all of its customers’ incoming emails for specific information provided by U.S. intelligence officials.”

Comey was indicted in North Carolina on April 28 over a controversial Instagram post from last year that prosecutors say was a threat against the president. In the post, Comey shared a picture showing the numbers “86 47” — interpreted to mean “get rid of” Trump — written in seashells on the beach, with the caption, “Cool shell formation on my beach walk.”

Comey removed the post soon after making it, saying, “I didn’t realize some folks associate those numbers with violence. It never occurred to me but I oppose violence of any kind so I took the post down.” His next court appearance in that case is scheduled for January.

The former FBI director was previously indicted in September 2025 on charges of making a false statement and obstruction related to his testimony before the Senate Judiciary Committee in 2020.

Comey pleaded not guilty at his arraignment and the case was ultimately dismissed on the grounds that the Trump-appointed U.S. attorney who brought the case was improperly appointed.

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