Attorney Kevin Reddington argued on Tuesday that there is not enough evidence to prove Lindsay Clancy killed her three children, a significant shift from the recent trial in which the defense focused mainly on her mental state rather than disputing the deaths of the children.
“This entire case is based on speculation,” Reddington said during the first hearing since the trial ended on Sept. 4 with a deadlocked jury that was split 11 to 1 in Clancy’s favor.
During the trial, Reddington did not challenge the prosecution’s basic case that Clancy killed the children at the family home in 2023. Instead, the defense asked the jury to find the then-36-year-old former labor and delivery nurse not criminally responsible because of a mental illness known as postpartum psychosis.
Defense Asks Judge to Acquit After Hung Jury
At Tuesday’s hearing, however, Reddington urged Judge William Sullivan, who also presided over the first trial, to order Clancy’s acquittal.
Reddington contended that the record lacked sufficient proof that “this woman killed those children.” He pointed to details such as Clancy’s condition when she was found badly injured and bleeding in the yard outside her home, as well as her reported lack of memory when she later woke up in a hospital. In the first trial, her now ex-husband and first responders testified that, upon arriving at the house, they found her in the aftermath of a suicide attempt following the deaths of the children.
“Where is the admission? Where does she say that she did this?” Reddington asked, while also reiterating his arguments that Clancy was psychotic and delusional at the time of the children’s deaths. He did not present any alternative theory or evidence pointing to another person’s involvement.
Prosecutor Shanan Buckingham called the defense argument “laughable,” citing evidence presented during the trial. In court filings submitted Monday, prosecutors argued that the evidence was sufficient to support a conviction.
The prosecution maintains that Clancy understood her actions were wrong when she used exercise bands to strangle her children: 5-year-old Cora, 3-year-old Dawson, and 8-month-old Callan Clancy. They also argued that she arranged for her husband to leave the house that evening by sending him to pick up medicine for one of the children and dinner for the family.
Judge Has Not Yet Decided Whether a Second Trial Will Occur
Judge Sullivan did not immediately decide how to proceed, and no trial date was set.
Plymouth County District Attorney Timothy Cruz said after the hearing that prosecutors have not yet determined whether to retry Clancy. The state could pursue first-degree murder charges again, seek lesser charges such as second-degree murder or manslaughter, or dismiss the case entirely.
“We are going to do what we can for the children,” Cruz told reporters outside the courthouse. “That is what this case is about.”
Dispute Over Holdout Juror Remains Unresolved
Clancy’s lawyers have also asked the judge to dismiss the criminal case. Among their arguments is that the judge should have removed the one juror who favored a murder conviction after the jury foreperson complained that the juror was refusing to follow the law on reasonable doubt.
Juror Michael Desronvil has said through his lawyer that he had no doubts about his position. In a brief video statement to Fox News’ “Hannity” on Monday, Desronvil said, “the whole focus has been on me, but we want to reel everything back and put the focus on the three angels,” referring to the children.
Public Attention Remains Intense
The livestreamed trial drew widespread public interest and highlighted issues of maternal mental health after childbirth. About a dozen supporters of Clancy, many wearing pink, were outside the courthouse on Tuesday waiting for her arrival.
Clancy remains charged with murder and is expected to remain in a psychiatric hospital until the case is resolved.
Had she been convicted of murder, Clancy could have faced a life prison sentence. If she had been acquitted, the judge could have ordered her confined to a mental health facility.
Note: This article includes discussion of suicide. If you or someone you know needs help, the U.S. Suicide and Crisis Lifeline is available by calling or texting 988.