The judge in Lindsay Clancy’s murder case has refused to declare her not guilty, rejecting the defense’s claim that there wasn't enough evidence to prove she was responsible for killing her three children.
Clancy’s attorney Kevin Reddington tried to persuade Judge William Sullivan on Tuesday that prosecutors had not offered any proof that Clancy killed her three children.
“This entire case is based on speculation,” Reddington said in a striking turn after a lengthy trial that focused more on Clancy’s mental state than whether she took their lives.
“Where is the admission? Where does she say that she did this?” Reddington asked.
Prosecutors said there was plenty of evidence and called Reddington’s claim “laughable.”
Sullivan turned down a defense motion over the issue and said prosecutors had provided enough evidence at trial showing Clancy was the person responsible for the killings.
“There was evidence introduced, both physical and circumstantial, that would permit a rational trier of fact to find beyond a reasonable doubt the elements of the charge of murder," Sullivan wrote.
Clancy's first trial ended with a deadlocked jury on Sept. 4. A judge declared a mistrial with the jury split 11 to 1 in favor of acquitting Clancy of murder charges.
During that trial, Reddington didn’t 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 disease, a rare condition called postpartum psychosis.
Prosecutors acknowledged that Clancy, 36, had mental health problems that included months of treatment and a stay in a psychiatric hospital, but argued that she knew what she was doing when she strangled the children then tried to kill herself.
They have yet to decide whether to retry Clancy, Plymouth County District Attorney Timothy Cruz said after Tuesday’s 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.
“We are going to do what we can for the children,” Cruz told reporters outside the court. “That is what this case is about.”
Legal wrangling over holdout juror also unresolved
Clancy's attorneys also asked the judge to dismiss the criminal case against her. Among other arguments, they insisted 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.
After the trial, the juror, Michael Desronvil, said through his lawyer that he had no doubts about his stance. Desronvil told Fox News this week 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.
If you are experiencing feelings of distress, or are struggling to cope, you can speak to the Samaritans, in confidence, on 116 123 (UK and ROI) or visit the Samaritans website to find details of your nearest branch.
If you are based in the USA, and you or someone you know needs mental health assistance right now, call or text 988, or visit 988lifeline.org to access online chat from the 988 Suicide and Crisis Lifeline. This is a free, confidential crisis hotline that is available to everyone 24 hours a day, seven days a week. If you are in another country, you can go to www.befrienders.org to find a helpline near you
