Lindsay Clancy defense says evidence falls short, seeks to stop retrial

Lindsay Clancy returned to court Tuesday for a hearing as prosecutors looked to decide whether to retry the Massachusetts mother on murder charges for the 2023 killings of her three young children, while her defense continues to push to have the case dismissed. 

Judge William Sullivan scheduled the status hearing after declaring a mistrial Sept. 4, when the 12-member jury was unable to reach a unanimous verdict on whether Lindsay Clancy should be convicted or found not guilty by reason of insanity.

What we know:

In the hearing held Tuesday morning, Clancy's attorney, Kevin Reddington, took a new position, saying there was a "total and complete lack of evidence" presented at the trial to prove that she killed the children. Reddington cited the admission of culpability while maintaining a lack of criminal responsibility, legally necessary for her defense. 

The other side:

Plymouth County Assistant District Attorney Shanan Buckingham pushed back, arguing that mental illness does not automatically eliminate criminal responsibility.

"People can still have criminal responsibility despite a mental illness," Buckingham said. "Defense can argue she was psychotic, but that doesn’t mean the Commonwealth hasn’t proved otherwise."

Dig deeper:

The court also considered a series motions, including a defense request to review normally confidential jury records and question the lone holdout juror about his truthfulness during jury selection and his cellphone use.

What's next:

Sullivan did not immediately rule on those issues, instead scheduling another hearing for Nov. 2.

What we don't know:

Plymouth County District Attorney Timothy Cruz’s office has not said whether it will pursue a new trial on first-degree murder charges, which carry a mandatory life-sentence. Judge Sullivan attempted to set a tentative trial date to work toward, but both sides were unable to come to an agreement. 

The backstory:

Clancy, 36, was arrested and charged with strangling her children; Cora, 5, Dawson, 3, and Callan, 8 months, with exercise bands in the basement of their Duxbury home in January 2023. She then tried to cut herself and jumped from a second story window in an attempt to kill herself, leaving her paralyzed. 

Clancy’s attorney, Kevin Reddington, argued during the first trial that Clancy was suffering from postpartum psychosis and did not understand her actions were wrong. Several jurors have since said in televised interviews that, aside from the lone holdout, they were prepared to find her not guilty by reason of insanity. 

A verdict on those grounds would send Clancy to a state psychiatric hospital for evaluation, with her commitment subject to ongoing court review for an undetermined amount of time. 

What's next:

Prosecutors have multiple options, including seeking a plea agreement or retrying the case on lesser second-degree murder charges, which would allow her to waive a jury and proceed before a judge. 

Dig deeper:

Clancy’s lawyers have filed motions urging Sullivan to declare her not guilty and block a retrial, arguing the mistrial was unnecessary and that retiring her would violate protections against double jeopardy. They say juror notes showed the holdout refused to follow the court’s instructions in evaluating reasonable doubt and should have been dismissed. 

The holdout juror speaks out

The holdout juror’s attorney, Edward Paltzik, criticized those efforts in a Fox News interview Monday, saying his client, Michael Desronvil, "had zero doubt" and "rigidly applied the reasonable doubt standard."

What they're saying:

Paltzik who provided a statement from his client to Fox Local, saying, "I didn't have any doubts. As I tried to explain different possible theories during deliberation, I kept getting cut off as if I had doubts based on the evidence presented. Based on all the physical evidence, key witnesses, and what the prosecution presented, I thought it was enough proof that she (Clancy) knew exactly what she was doing and planned."

Desronvil’s account differs from those of several other jurors who spoke publicly in the days after the mistrial. They said Desronvil appeared to acknowledge having reasonable doubt during deliberations but still refused to join the other 11 jurors in finding Clancy not guilty by reason of insanity.

 

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