Lindsay Clancy's defense lawyer, Kevin Reddington, is pursuing an unusual legal strategy following the mistrial in the triple-murder case of her three young children. Reddington plans to file a motion asking Judge William Sullivan to set aside the hung jury's outcome and rule that Clancy is not criminally responsible, a move that would shield her from a potential retrial.
Legal experts, however, describe such a motion as "rare to the extreme." Boston lawyer Peter Elikann, who is not involved in the case, stated that for such a motion to succeed, Reddington would need to demonstrate that the jury's deliberations were fundamentally flawed and that their decision was not based on sufficient evidence. Elikann noted that most judges go through their entire careers without granting such a motion, which is typically reserved for situations where a jury is believed to have made a completely incorrect decision.
Elikann recalled only one instance of a similar motion succeeding in Massachusetts, when a judge reduced a murder conviction to manslaughter in the 1997 case of Louise Woodward. "We don't undo what juries did. We really respect juries," Elikann said, emphasizing the high bar for overturning a jury's deadlock.
The jury in Clancy's case deliberated for over 38 hours across seven days, sending three notes to the judge indicating they were deadlocked. Reddington attempted to prevent the mistrial declaration by filing an emergency appeal based on a note from the jury foreperson alleging a single holdout juror was refusing to follow the law on reasonable doubt. Judge Sullivan questioned the jurors individually but denied Reddington's request for further questioning of the dissenting juror, which formed the basis for the defense's ultimately unsuccessful appeal.
Clancy, a former nurse, is accused of fatally strangling her children, Cora, 5, Dawson, 3, and Callan, 8 months, on Jan. 24, 2023. The defense has argued that Clancy was suffering from severe postpartum psychosis and acted under the influence of auditory hallucinations. Prosecutors contend she had planned the killings, subsequently attempting suicide by cutting her wrists, taking medication, and jumping from a window, which left her paralyzed and in a wheelchair. She is currently receiving care at Tewksbury Hospital.
Following the mistrial, the Plymouth District Attorney's office has not yet disclosed its next steps. The options include retrying the case, reducing the charges, seeking a plea deal, or dismissing the case entirely. A hearing is scheduled for September 29, where the prosecution is expected to outline its intentions. Reddington has proposed a retrial in two weeks, but the judge suggested late fall as a more realistic earliest timeframe, though retrials typically occur eight to 12 months after a mistrial.
If found not guilty by reason of insanity in a future trial, Clancy would be committed to a mental institution indefinitely. A conviction for first-degree murder would result in a life sentence without parole.