Lindsay Clancy and her legal team returned to court Tuesday, arguing that the state failed to prove she killed her children, a claim prosecutors called "laughable." The argument marked a shift after a lengthy trial that focused more on her mental state than on whether she took their lives.
It was Clancy's first hearing since the judge declared a mistrial on September 4 after jurors could not reach a unanimous verdict. Defense attorney Kevin Reddington asked Judge William Sullivan to find her not guilty before any retrial. Prosecutor Shanan Buckingham replied that the defense had repeatedly stipulated at trial to physical evidence establishing her culpability. Sullivan took the request under advisement, so he did not rule right away.
Prosecutors have not decided whether to try the case again. District Attorney Timothy Cruz said they could retry her on first-degree murder charges, pursue lesser charges including second-degree murder or manslaughter, or drop the case entirely.
No retrial date has been set. A hearing is set for Nov. 2 on several motions, including a defense motion to dismiss, a request to investigate the holdout juror, and a prosecution request for a gag order. Sullivan told both sides to be ready to discuss a possible retrial date then.
Clancy has pleaded not guilty, and her defense has centered on postpartum psychosis. The mistrial did not find that she lacked criminal responsibility.
Three children died, and the legal fight now turns on procedure.
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