Defendant Lindsay Clancy looks at the jury after Judge William Sullivan declared a mistrial in Clancy’s murder trial, Friday, September 4, 2026, in Plymouth, Massachusetts.
Greg Derr/Pool/The Patriot Ledger via AP
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Greg Derr/Pool/The Patriot Ledger via AP
Lindsay Clancy’s lawyer argued Tuesday that there was not enough evidence to prove she killed her three children, a striking turn after a lengthy trial that focused more on her mental state than whether she killed herself.
“This whole case is based on speculation,” attorney Kevin Reddington said during the first hearing since Clancy’s trial ended Sept. 4 with a deadlocked jury. They were split 11 to 1 in his favor.
During that trial, Reddington did not dispute that Clancy killed the children at the family’s home in 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 illness, a rare condition called postpartum psychosis.
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EDITOR’S NOTE: This story includes discussion of suicide. If you or someone you know needs help, America’s National Suicide and Crisis Lifeline is available by calling or texting 988.
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Clancy’s lawyer now says there isn’t enough evidence to prove she did it
But during Tuesday’s hearing, Reddington sought to persuade Judge William Sullivan — the same judge who presided over the first trial — to acquit Clancy.
According to Reddington, there is not enough evidence “that this woman killed these children.” He highlighted topics 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 hospital. During the first trial, her ex-husband and first responders testified that they arrived at the home and found that she had attempted suicide right after killing the children.
“Where’s the confession? Where does she say she did that?” Reddington asked, then recapping her arguments that she was also psychotic and delusional at the time of the children’s deaths. He offered no alternative theories or evidence about possible responsibilities.
Prosecutor Shanan Buckingham called his argument “laughable,” pointing to various evidence raised during the trial. In court papers filed Monday, prosecutors summarized their arguments that there was enough evidence to convict Clancy.
The prosecution maintains Clancy knew her actions were wrong when she used exercise bands to strangle Cora, 5, Dawson, 3, and Callan Clancy, 8 months. They said she managed to get her husband out of the house that evening by sending him to get medicine for one of their children and dinner for the family.
It remains unclear whether Clancy will face a second trial
The judge did not immediately make a decision and no trial date has been set.
Prosecutors have not yet decided whether to retry Clancy, Plymouth County Prosecutor Timothy Cruz said after the 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 altogether.
“We’re going to do what we can for the children,” Cruz told reporters outside court. “That’s what this case is about.”
Legal wrangling over the holdout juror also remains unresolved.
Clancy’s lawyers also asked the judge to dismiss the criminal case. Among other things, they argued that the judge should have removed the only juror favoring a murder conviction after the jury foreman complained about his refusal to listen to the reasonable doubt law.
The juror, Michael Desronvil, declared through his lawyer that he had no doubt about his position. Desronvil told Fox News’ “Hannity” in a brief video statement Monday that “all the focus has been on me, but we want to bring it all back and put the focus on the three angels,” meaning the children.
Clancy’s high-profile case continues to attract public attention
The live-streamed trial attracted strong public interest and focused attention on the mental health of mothers after childbirth. About a dozen Clancy supporters, most dressed in pink, stood outside the court Tuesday awaiting his arrival.
Clancy remains charged with murder and is expected to remain in a psychiatric hospital until her case is resolved.
Clancy could have faced life in prison if convicted of murder. If he had been acquitted, the judge could have ordered his internment in a psychiatric facility.
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