Lindsay Clancy's defense attorney, Kevin Reddington, has prompted a sharp division of opinion among legal professionals with a late appeal attempting to avert a mistrial in the case of the Duxbury mother accused of killing her three children. Following an 11-1 jury deadlock, Judge William Sullivan declared a mistrial, but Reddington filed an emergency appeal to the Massachusetts Supreme Court.
Reddington's appeal, filed Friday, cites the Americans with Disabilities Act, asserting a "clear and present danger" that the dissenting juror's position was "intractable, regardless of proof beyond a reasonable doubt." This move has drawn criticism, with journalist Gerry Callahan questioning the relevance of the Disabilities Act and suggesting the attorney is resorting to "desperate and shameless" tactics. However, Cathy Russon, managing editor of Court TV, acknowledged Reddington's persistent efforts on behalf of his client, stating, "No one can ever accuse Kevin Reddington of not doing everything he possibly can for his client."
Jason Goldman, an attorney representing Bryan Kohberger in his appeal, described Reddington's efforts as an "extreme long shot" and a "hail Mary." Goldman noted that the legal precedent for removing a juror at such a late stage is scarce, but conceded there is "no downside" for Reddington to pursue such avenues. He suggested the judge was being "extra cautious" by hearing the appeal to "protect the record" for potential future appeals.
The jury had deliberated for over 37 hours and sent multiple notes indicating their inability to reach a unanimous verdict before the mistrial was declared. The panel could not agree on whether Clancy, 36, was guilty of murder, manslaughter, or not criminally responsible due to insanity.
Clancy is charged with murder for the 2023 deaths of her children, Cora, five, Dawson, three, and eight-month-old Callan, at their Duxbury home. She has admitted to the killings but pleaded not guilty by reason of insanity, attributing her actions to postpartum psychosis resulting from overmedication.
Prosecutors had argued during the five-week trial that the killings were intentional and premeditated, contrasting with the defense's claim of a lack of criminal responsibility. If Reddington's appeal to the Supreme Court for an emergency stay is unsuccessful, Clancy could face a retrial. Prosecutors have not yet commented on their plans should the appeal fail.