Lindsay Clancy’s attorney argued Tuesday that there wasn’t enough evidence to prove she killed her three children as he urged a judge to drop the case at the first hearing since her dramatic mistrial.
“This entire case is based on speculation,” attorney Kevin Reddington said in a striking turn after a lengthy trial that focused more on her mental state than on whether she took their lives.
asserted
she → argue → lives
Clancy was at the court hearing on Tuesday, the first since her initial trial ended Sept. 4 with a deadlocked jury, with jurors split 11 to 1 in her favor.
asserted
jurors → end → favor
During the trial, Reddington didn't dispute that Clancy killed the children at the family's home in 2023.
asserted
Clancy → dispute → 2023
Instead, the defense sought to persuade the jury that the 36-year-old former labor and delivery nurse was not criminally responsible because of mental disease, a rare condition called postpartum psychosis.
asserted
nurse → seek → disease
Clancy's lawyer now says there's not enough evidence to prove she did it
asserted
she → say → it
But on Tuesday, Reddington sought to persuade Judge William Sullivan — the same judge who presided over the first trial — to acquit Clancy.
asserted
who → seek → Clancy
There is, Reddington contended, not enough evidence “that this woman killed those children.”
asserted
woman → be → children
He pointed to matters ranging from her condition when she was found, badly injured and bleeding in the yard outside her home, to her lack of memory of what happened when she woke up in a hospital.
asserted
she → point → hospital
At the first trial, her now ex-husband and first responders testified that they arrived at the house and discovered she had tried to kill herself right after killing the children.
asserted
she → testify → children
Where does she say that she did this?” Reddington asked, going on to recap his arguments that she also was psychotic and delusional at the time of the children's deaths.
asserted
she → say → deaths
Prosecutor Shanan Buckingham called his argument “laughable,” pointing to various evidence raised during the trial.
asserted
Buckingham → call → trial
In court papers filed Monday, prosecutors recapped their arguments that there was enough evidence to convict Clancy.
asserted
prosecutors → file → Clancy
The prosecution maintains that Clancy, a 36-year-old former labor and delivery nurse, strangled the children with exercise bands then used multiple methods to try to end her life, and that she knew what she was doing was wrong.
asserted
doing → maintain → what
She remains paralyzed from the waist down.
asserted
She → remain → down
It's still unknown whether Clancy will face a second trial
The judge didn’t immediately decide, and no trial date was set.
asserted
date → face → trial
Prosecutors have yet to decide whether to retry Clancy, Plymouth County District Attorney Timothy Cruz said after the hearing.
asserted
Cruz → have → hearing
They could choose to retry her on first-degree murder charges or seek to try her only on lesser charges, including second-degree murder or manslaughter, or drop the case entirely.
uncertain
They → choose → case
“We are going to do what we can for the children,” Cruz told reporters outside the court.
asserted
Cruz → go → court
Legal wrangling over the holdout juror is also unresolved
Clancy's attorneys have also asked the judge to dismiss the criminal case.
asserted
attorneys → ask → case
Among other things, they have argued that the judge should have ousted the one juror who favored a murder conviction after the jury foreperson complained he was refusing to listen to the law on reasonable doubt.
asserted
he → argue → doubt
The juror, Michael Desronvil, has said through his lawyer that he had no doubts about his stance.
asserted
he → say → stance
Desronvil told Fox News’ “Hannity” in a brief video statement on Monday that “the whole focus has been on me, but we want to reel everything back and put the focus on the three angels,” meaning the children.
asserted
we → tell → children
The defense has also asked the judge to investigate the juror's truthfulness on a questionnaire that prospective jurors filled out before the trial began, his truthfulness when jurors were questioned by the judge a day before the trial ended and also whether he broke court rules by using a cellphone during deliberations.
asserted
he → ask → deliberations
Clancy's high-profile case is still capturing people's attention
The livestreamed trial generated intense public interest and drew attention to maternal mental health after childbirth.
asserted
trial → capture → childbirth
About a dozen Clancy supporters, most dressed in pink, stood outside court Tuesday waiting for her to arrive.
asserted
her → dress → court
Clancy remains charged with murder and is expected to stay at a psychiatric hospital until her case is resolved.
asserted
case → charge → hospital
Clancy could have been sentenced to life in prison if convicted of murder.
uncertain
Clancy → sentence → murder
If acquitted, the judge could have ordered her confined to a mental health facility.
uncertain
her → acquit → facility
The Aporia
