Lindsay Clancy’s attorney said prosecutors did not prove she actually killed her children

By Lauren del Valle, CNN

(CNN) — The district attorney who’s charged Lindsay Clancy with murder for the death of her three children has not committed to retrying her.

A possible plea agreement has not been ruled out but Clancy’s attorney and the Plymouth County district attorney are tight-lipped about any possible progress on that front.

In the meantime, Clancy’s attorney Kevin Reddington, in a bid to avoid a second trial, has filed several motions since the case ended in a mistrial earlier this month.

In a hearing Tuesday, Reddington said at trial prosecutors did not prove Clancy killed her three children – Cora, 5; Dawson, 3; and 8-month-old Callan in January 2023 – a statement that appeared to contradict statements he made while trying the case.

At trial, Reddington argued that Clancy was in a state of postpartum psychosis when she killed her children and should not be held criminally responsible for their deaths.

After killing her children, prosecutors allege, she then tried to kill herself, slashing her neck and wrists then jumping from a window.

“Where is the evidence that she did this?” Reddington said while arguing a Rule 25 motion for a required finding of not guilty.

Clancy never actually admitted to the killings, but still there was not a full investigation into the deaths of the Clancy children, Reddington told the court Tuesday. “They just immediately assumed that this woman was guilty.”

When asked later outside court if he’s now asserting that Clancy did not kill her children, Reddington said his arguments weren’t new and he’s questioned the prosecution’s evidence in the case.

“It’s not new rocket science by any means. It’s the fact that they cannot prove probable cause.”

Massachusetts defense attorney Elyse Hershon told CNN, “Whether or not a lawyer concedes, though, that their client did it as part of the defense, the commonwealth still has to prove it was her.”

Reddington has argued that any trial for Clancy should be bifurcated – one trial to determine her guilt and then, if necessary, a second to determine whether she’s criminally responsible for the alleged murders.

The judge denied that motion earlier this year, which put Reddington in a position to determine strategically how to approach the question of Clancy’s guilt and the idea of her criminal responsibility, Hershon told CNN.

“Could he technically have said she didn’t do it, it’s reasonable doubt, and also, if you think she did it, she’s not criminally responsible. Technically, yes, he could have done that. But strategically, he made the decision to do what he’d have more credibility presenting to the jury, and he went with a stronger defense in his mind,” Hershon said.

Reddington renewed his arguments for a bifurcated trial in court Tuesday when asking the judge to enter a finding of not guilty for Clancy. After court he said if there is a second trial he’ll ask the judge to reconsider splitting it.

A Rule 25 motion in Massachusetts is a defense request to the judge to enter a finding of not guilty because the prosecution’s evidence is legally insufficient for a juror to convict on.

Reddington went through elements of the commonwealth’s trial presentation, knocking evidence as circumstantial.

“When you consider the evidence that the government has, you have the exercise bands, you have the woefully deficient DNA, you have the woefully deficient fingerprinting, you have the horrific, ridiculous investigation,” he said.

Prosecutors’ case against Clancy is based on speculation, Clancy’s attorney said Tuesday. Reddington said any purported admission to killing her children is not admissible under state law because it was never corroborated.

“Where is the admission? Where does she say that she did this? And what’s most chilling is the fact that when she comes out of this obvious coma that she is in – Your Honor heard the testimony from the psychiatrist and from the doctors at Brigham and Women’s Hospital – She was told what happened. She had no memory of what happened,” Reddington said.

The prosecution’s timeline for the day of the killings in 2023 “does not match,” Reddington also said.

“Even the government, in their own closing, indicated to the jury that she did not have enough time to do this. The timeline is ridiculous.”

Prosecutor Shanan Buckingham said the commonwealth proved Clancy killed her children, calling Reddington’s argument “laughable.”

A motion for a required finding of not guilty is standard in criminal trials, and they’re typically denied. The bar for granting one is high.

The judge views the trial evidence in a light most favorable to the prosecution, and the defense must show the court that prosecutors failed to present enough evidence for a reasonable juror to find the prosecution proved every element of the crime beyond a reasonable doubt.

“I would expect that the judge would let this case take its course,” Hershon told CNN, but also said Reddington’s legal arguments don’t come up in your average criminal case.

“We are observing a very high level of lawyering with Kevin Reddington,” Hershon said. “(He) has the experience to know and be creative about seeking remedies or seeking alternatives to being told no that you’re not taught in law school, and you only gain from experience. So, whether you agree with him and what he’s doing or not, it is a level of lawyering that is much more than you would normally see in a courtroom in the state.”

Judge William Sullivan took the arguments under advisement and will rule at a later time either in a written order or from the bench.

Will there be a retrial?

Sullivan said he wants to set a trial date at the next hearing, scheduled for November 2. He wanted to schedule the second trial at Tuesday’s hearing, but prosecutors and Reddington agreed it’s premature to set a trial date while several motions are still pending.

Sullivan said he’d hear arguments at the November hearing on issues related to a holdout juror and a defense motion to dismiss the case over double jeopardy.

If they do agree on a retrial date, Reddington said he’s not available for a trial before June because of his caseload.

Both Plymouth County District Attorney Timothy Cruz and Clancy’s defense team have declined to speak publicly about any ongoing plea negotiations.

Cruz said he hasn’t made a decision about whether to pursue a second trial.

“We’re working on it,” he told reporters after the hearing.

“We’re doing a very thorough review right now, and we’re going to continue to do our job to make sure that we do what’s best in the interest of justice and the interests of the three children,” Cruz said.

Reddington told reporters, “If there was a discussion of a plea, I wouldn’t say anything about it because it would be private between myself and Mr. Cruz.”

Reddington has publicly said he’s open to a plea agreement, but he wouldn’t confirm whether he’s been asked to meet with prosecutors to negotiate. As to whether a plea agreement is possible, Reddington said, “That’s up to Tim.”

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