Lindsay Clancy’s lawyer urged the judge to declare a mistrial after a psychologist for the prosecution told jurors he had asked the nurse whether she understood suicide to be a “mortal sin.”
Testifying Monday, Dr. Kirk Heilbrun said that during his interview with Clancy, he noted she was Catholic and asked her, “isn’t suicide a mortal sin?”
Defense attorney Kevin Reddington immediately objected, prompting Judge William Sullivan to call the lawyers to a sidebar.
When proceedings resumed after a brief recess, Reddington formally requested that the judge declare a mistrial.
Reddington argued that the prosecution had engaged in intentional misconduct by introducing questions tied to the concept of mortal sin.
Sullivan rejected the mistrial request, but instructed jurors that they were required to disregard the statement.
“This has obviously been a long trial for everyone involved,” Reddington told the court.
He added that it was the second time the state had raised the “mortal sin” question, saying the prosecution had again brought religion into the case.
Lindsay Clancy, 36, is on trial for the murders of her three children
Judge William Sullivan denied the motion, but told the jury that they must disregard the statement
Last week, the prosecution asked Patrick’s mother Sue Clancy if she was Catholic. When she said yes, Assistant District Attorney Shanan Buckingham asked her if she knew that murder was a mortal sin.
Reddington did not request a mistrial last week but he said that he feels that he has to because the state has done it again.
‘At this point this is a concern I have. This is over the top,’ Reddington said. ‘I believe it was intentional misconduct.’
This marks the second time that the state has brought up the matter of mortal sin. Under state law, a witness’s religious beliefs or opinions is not admissible to attack or support the witness’s credibility.
The judge denied the motion but said that he will tell the jury they must disregard it. He also warned the state that they need to ‘strongly’ talk to the witness.
Religion ‘cannot be considered. It must be disregarded,’ the judge said firmly to the jury. Several jurors look surprised.
The jury was then excused for the day.
Heilnrun testified that the phrase Clancy said to her children when she killed them also points to altruistic filicide.
Dr Kirk Heilbrun testified on Monday that when he was interviewing Clancy, he noted she was Catholic and said to her ‘isn’t suicide a mortal sin?’
Clancy’s defense attorney Kevin Reddington accused the prosecution of intentional misconduct
‘Go to God, baby,’ she said.
He said that was part of her expectation that she and her children would be together in heaven.
Before Reddington filed for the mistrial, he was seen conferring with his team inside the courtroom including psychologist Dr Paul Zeizel and his son Patrick Reddington.
He also spoke with his longtime friend and fellow attorney Jay Carney – who represented Whitey Bulger.
When asked by Our News Outlet last week whether he would ask for a mistrial over the question to Sue, Reddington said ‘why would I want a new trial?’
The judge said he expects testimony from rebuttal witnesses to continue on Tuesday then a hearing on the charges.
Closing statements are expected on Wednesday.
Clancy, 36, is on trial for the murders of Cora, five, Dawson, three, and eight-month-old Callan, at her home in Duxbury, Massachusetts, in 2023.
She strangled the children with exercise bands and then allegedly attempted to kill herself, but her efforts failed and left her paralyzed and in a wheelchair for life.
Clancy has admitted to killing her children but pleaded not guilty to murder by reason of insanity, citing postpartum psychosis, and is seeking to be committed to a state mental health facility rather than face a prison sentence.
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