Lindsay Clancy’s attorney is again asking a Massachusetts judge to dismiss the triple murder case against her, arguing prosecutors failed to prove she was criminally responsible for the deaths of her three children. Kevin Reddington, Clancy’s attorney, filed a motion on Thursday requesting the Plymouth County Superior Court find Clancy not guilty by reason of lack of criminal responsibility, asserting the prosecution did not demonstrate she did not suffer from a mental disease or defect at the time of the killings.
Clancy pleaded not guilty to three counts of murder for the deaths of her 5-year-old daughter Cora, 3-year-old son Dawson, and 8-month-old son Callan, who were strangled at their Duxbury home on January 24, 2023. She attempted suicide the same night, resulting in paralysis and the use of a wheelchair, according to prosecutors. A previous trial ended in a mistrial on September 4 after jurors reached an 11-1 split in favor of a not guilty by reason of insanity verdict, with the holdout juror reportedly unwilling to change their position despite acknowledging reasonable doubt.
Reddington’s motion highlights that eleven of twelve jurors believed Clancy was not criminally responsible, but argues the case should be dismissed based on the lack of sufficient evidence presented by the prosecution. During the trial, the defense argued Clancy was experiencing postpartum psychosis – a psychiatric emergency, according to the American College of Obstetricians and Gynecologists – at the time of the deaths. Prosecutors maintained Clancy was capable of understanding her actions. Massachusetts law requires prosecutors to prove beyond a reasonable doubt that a defendant did not suffer from a mental disease or defect to establish criminal responsibility. The Washington Times reported Clancy's lawyer told the judge she shouldn't be tried a second time because prosecutors don't have enough evidence.
The motion does not rely on the jury’s division, but rather on the prosecution’s failure to meet the legal standard for proving criminal responsibility.
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