A mistrial was requested in the Lindsay Clancy case after a prosecution witness, psychologist Dr. Kirk Heilbrun, testified that he asked Clancy if she knew suicide was a "mortal sin." Clancy's defense attorney, Kevin Reddington, argued that the question, posed during an interview with his client, constituted intentional misconduct by the prosecution.
Judge William Sullivan denied the motion for a mistrial but instructed the jury to disregard Dr. Heilbrun's statement. "Religion cannot be considered. It must be disregarded," the judge stated firmly, prompting surprised reactions from several jurors. The judge also warned the prosecution to speak with their witness.
This was the second instance in the trial where the prosecution raised the issue of "mortal sin" in relation to religion. Last week, Assistant District Attorney Shanan Buckingham asked Clancy's mother, Sue Clancy, if she was Catholic and, upon receiving an affirmative answer, inquired if she knew murder was a mortal sin. Reddington did not seek a mistrial at that time but felt compelled to do so on Monday due to the repeated nature of the questioning.
Reddington accused the prosecution of "over the top" and intentional misconduct, emphasizing that state law prohibits the use of a witness's religious beliefs or opinions to attack or support their credibility. He indicated that this was the reason for his mistrial request.
Dr. Heilbrun also testified that Clancy's last words to her children, "Go to God, baby," suggest altruistic filicide, stemming from her belief that she and her children would be together in heaven. Clancy, 36, is on trial for the murders of her three children.
Reddington was observed conferring with his legal team, which included psychologist Dr. Paul Zeizel and his son Patrick Reddington, as well as longtime friend and fellow attorney Jay Carney, before filing the motion for a mistrial. When previously asked by the Daily Mail if he would request a mistrial over the question posed to Sue Clancy, Reddington had responded, "why would I want a new trial?"
The court is expected to hear testimony from rebuttal witnesses on Tuesday, followed by a hearing on the charges. Closing statements are anticipated on Wednesday.