Lindsay Clancy is scheduled to appear in Plymouth Superior Court on Tuesday for the first time since her widely publicized murder trial in Massachusetts resulted in a mistrial due to a hung jury on September 4. The court session is set to start at 9 a.m.

In the wake of the retrial, Clancy’s defense attorney, Kevin Reddington, has submitted a motion requesting a finding of not guilty.

The prosecution has responded to this motion, and their rebuttal was made available on the court docket on Tuesday. The Commonwealth contends that the evidence presented during the trial was adequate to support a conviction.

The prosecution’s filing states, “This Court should base its evaluation of the evidence solely on what was presented at trial, disregarding any claims regarding jury deliberations or the implications of a potential finding of not guilty due to lack of criminal responsibility.” They also highlight that the defense has not referenced any legal authority that would allow the court to take such information into account.

Additionally, the prosecution has requested a gag order to limit prejudicial statements to the press. If granted, this order would bar lawyers from making comments that could significantly impact the ongoing criminal proceedings.

The motion asserts that Reddington has frequently provided updates to the media, discussed witnesses, portrayed Clancy favorably, and, most concerningly, made remarks about the jurors deliberating in the case. The prosecution specifically notes that Reddington referred to a juror as “he” during a press conference, which could help identify the juror as one of the three men on the jury.

In contrast, WBZ-TV and Boston Globe Media Partners have filed a motion opposing the gag order.

While the names of the jurors have been sealed following the mistrial, some jurors have spoken publicly. One juror, who requested anonymity, told WBZ-TV that there was “so much doubt,” which led her to vote for a verdict of not guilty by reason of insanity.

Juror Paula Devlin confirmed on “CBS Mornings” that the jury’s vote was heavily in favor of finding Clancy not criminally responsible, with an 11 to 1 split.

After facing criticism online, the juror who held out later issued a statement asserting, “I didn’t have any doubt.”

In a recent interview, Reddington was asked about the possibility of negotiating a plea deal with Plymouth District Attorney Tim Cruz. In the previous trial, a plea deal was not an option since Clancy faced first-degree murder charges.