Lindsay Clancy lawyer questions evidence in children’s deaths after mistrial
Defense lawyer says there is not enough evidence to prove Lindsay Clancy killed her children.
PLYMOUTH, Massachusetts — Lindsay Clancy’s defense attorney questioned Tuesday whether prosecutors have enough evidence to prove that she killed her three children, marking a major shift in the defense’s approach following a mistrial in her first trial.
Attorney Kevin Reddington argued that the case against Clancy is based on speculation and asked Judge William Sullivan to acquit her. His argument came during the first court hearing since Clancy’s initial trial ended on September 4 after jurors failed to reach a unanimous verdict.
The defense had taken a different position during the original trial. Rather than disputing that Clancy killed her children, Reddington focused largely on her mental state and argued that she should not be held criminally responsible because she was suffering from postpartum psychosis.
Defense Questions Whether Clancy Killed the Children
During Tuesday’s hearing, Reddington challenged the evidence connecting Clancy directly to the killings.
He pointed to 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 about what happened before she woke up in a hospital.
Reddington also referred to the defense’s argument that Clancy was experiencing psychosis and delusions at the time of the children’s deaths.
The defense attorney questioned why there was no direct admission from Clancy acknowledging that she killed the children.
During the first trial, however, Clancy’s former husband and first responders testified that she attempted to take her own life immediately after the children died.
Prosecutors Dispute the Defense’s Claims
Prosecutor Shanan Buckingham rejected Reddington’s argument and pointed to evidence presented during the first trial.
Prosecutors maintain that Clancy, a 36-year-old former labor and delivery nurse, killed her three children and then used multiple methods in an attempt to end her own life. They also argue that she understood that her actions were wrong.
Clancy survived the suicide attempt but has remained paralyzed from the waist down.
The prosecution has previously alleged that Clancy deliberately strangled her three children — 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan Clancy — using exercise bands at the family’s home in Duxbury, Massachusetts.
Prosecutors also alleged that Clancy arranged for her husband to leave the house on January 24, 2023, by sending him to collect medicine for one of the children and dinner for the family.
First Trial Ended Without a Verdict
Clancy’s first-degree murder trial ended in a mistrial after the jury failed to reach a unanimous decision.
The jury was reportedly divided 11-1 in Clancy’s favor. The case had focused heavily on whether postpartum psychosis affected Clancy’s ability to understand or control her actions.
Her defense has also asked Judge Sullivan to dismiss the criminal case.
One issue involves juror Michael Desronvil, who was the only juror supporting a murder conviction. Clancy’s attorneys have argued that the judge should have removed him after the jury foreperson complained that he was not following the court’s instructions concerning reasonable doubt.
Desronvil has denied having doubts about his position. Through his lawyer, he has also disputed claims about his conduct during deliberations.
The defense has asked the court to examine several issues involving Desronvil, including statements on his pretrial juror questionnaire, answers he gave when questioned by the judge shortly before the trial ended, and whether he violated court rules by using a cellphone during jury deliberations.
Prosecutors Face Decision on a Second Trial
Tuesday’s hearing could also influence what happens next in the case.
Prosecutors have several options. They could seek a second trial on the existing first-degree murder charges, pursue lesser charges such as second-degree murder or manslaughter, or decide not to continue the case.
Plymouth County District Attorney Timothy Cruz previously said the prosecution’s goal was to seek justice for the three children.
Judge William Sullivan did not immediately rule on the defense request Tuesday, and no new trial date was announced.
Case Remains Unresolved
Clancy remains charged with murder and is expected to stay at a psychiatric hospital while the legal proceedings continue.
The case has attracted significant public attention, particularly because of the testimony and debate surrounding maternal mental health after childbirth. Supporters of Clancy, many wearing pink, gathered outside the courthouse Tuesday.
The latest hearing does not establish whether Clancy is legally responsible for the deaths of her children. The court must still determine whether the evidence supports continuing the criminal case and whether prosecutors will pursue another trial.
