Lindsay Clancy has been denied a legal request to be found not guilty by reason of a lack of criminal responsibility in the deaths of her three children.
The 36-year-old former nurse asked Judge William Sullivan to acquit her on every charge, arguing that prosecutors had not proved their case beyond a reasonable doubt or presented enough evidence establishing her guilt.
During her first court hearing since a mistrial was declared earlier this month, Clancy’s attorney, Kevin Reddington, argued Tuesday that prosecutors had failed to establish two key points: the identity of the “individual who committed the crimes” and Clancy’s “criminal responsibility.”
On Thursday, Judge Sullivan rejected the motion, writing that the evidence on both issues “was sufficient to have satisfied any rational trier of fact beyond a reasonable doubt.”
Clancy could now face a second trial after jurors were unable to reach a unanimous verdict at the conclusion of her six-week murder case.
The mother of three is charged with three counts of first-degree murder in the deaths of Cora, five, Dawson, three, and eight-month-old Callan. Prosecutors say the children were killed inside the family’s home in the affluent Massachusetts suburb of Duxbury on January 24, 2023.
Authorities allege that the 36-year-old labor and delivery nurse strangled the children with exercise bands in the basement after sending her husband, Patrick Clancy, out to run errands.
Clancy then attempted to take her own life by cutting her wrists and neck before jumping from a second-floor bedroom window. She survived but was left paralyzed from the waist down.
Clancy speaks with her lawyer, Kevin Reddington, during proceedings in her murder trial
Justice William F. Sullivan denied the motion, writing that the evidence “was sufficient to have satisfied any rational trier of fact beyond a reasonable doubt”
Clancy has not denied killing her children. Instead, she pleaded not guilty by reason of insanity, maintaining that she was experiencing severe postpartum depression and psychosis at the time of the deaths.
The 12 jurors deliberated for 38 hours without reaching a unanimous decision, prompting the court to declare a mistrial on September 4. It later emerged that one juror, identified as Michael Desronvil, refused to join the other 11 in finding Clancy not guilty by reason of insanity.
At Plymouth County Superior Court in Massachusetts on Tuesday, Reddington argued that the judge should enter a not-guilty finding because prosecutors had not proved that Clancy killed her children.
“This entire case is based on speculation. Where is the admission? Where did she say that she did this?” Reddington asked.
Speaking emphatically in the packed courtroom, he said the former nurse had been demonized by the public, including the president.
“She’s a demon and possessed and should be executed,” Reddington said, describing what he claimed people had been saying. “This is coming from politicians, from President Trump, all the way down.”
Reddington also attacked the wider investigation into the children’s deaths, repeatedly asking: “Where is the evidence that she did this?”
Seated in a wheelchair at the defense table, Clancy watched as her attorney and prosecutors debated whether she should face a second trial.
Reddington pointed to the absence of blood on Clancy’s socks after she cut herself and jumped from the window. He also said that she had no memory of killing her children when she regained consciousness from a coma.
Clancy was charged with murder after allegedly strangling her three children—Cora, five, Dawson, three, and eight-month-old Callan—in 2023
Defense attorney Kevin Reddington questioned the investigation into Clancy as he argued for a required finding of not guilty
Instead, she was simply told by police that she had killed her children despite there being issues with the timeline of that day, he argued.
Because of the shoddy investigation, the state had no probable cause that she was even the perpetrator of the crime, he claimed.
Prosecutor Shanan Buckingham branded his comments ‘laughable,’ saying this was the first time the defense had made this claim.
As well as lacking probable cause, Reddington also argued that there is no sufficient evidence to prove the 36-year-old is criminally responsible for the killings.
For a defendant to be found criminally responsible, a jury must determine two things: whether or not she was suffering a mental defect or disease at the time, and whether or not she could still control her actions or conform to the law despite her mental illness.
Reddington argued that the prosecution failed to prove its case on both points.
Firing back, Buckingham argued that a defendant who suffers from mental illness can commit crimes and still be criminally responsible.
Judge Sullivan said he would take the matter under advisement and rule at a later date – before handing down his ruling on Thursday.
Several other motions and arguments are yet to be decided by the judge.
Arguments about the defense’s request to investigate the lone holdout juror, a defense motion to dismiss the case on double jeopardy grounds, and a motion from the state requesting a gag order preventing Reddington from speaking out about the case were all put on pause.
A date of November 2 was set for a follow-up hearing where those matters will be argued.
No new trial date was set – after the two sides both asked the judge to delay the matter and Reddington said he would not be available for a retrial until June.
Judge Sullivan told the lawyers to prepare to set a date at the November 2 hearing.
As it stands, the prosecution is yet to confirm whether or not it will retry Clancy and, if so, on the same charges of first-degree murder or lesser charges.
When asked by reporters outside court, Plymouth County District Attorney Tim Cruz said his office was still deciding its next course of action.
