Judge denies Lindsay Clancy defence motion to find her not guilty - ABC News & Headlines – Australian Broadcasting Corporation

The first trial split the jury 11 to one in favour of acquitting Clancy of murder charges, ending in mistrial. (AP Photo: Josh Reynolds, File)

The judge in the Lindsay Clancy murder case has refused to declare her not guilty, turning down a defence motion, filed after a mistrial.

Ms Clancy's defence lawyers argued there was not enough evidence to prove she was responsible for killing her three children.

Prosecutors have yet to decide whether to bring the case to trial for a second time.

The judge in the Lindsay Clancy murder case has refused to declare her not guilty, turning down a defence motion that argued there was not enough evidence to prove she was responsible for killing her three children.

Warning: This story contains details of a crime that may be distressing for some readers.

During Ms Clancy's first trial, which ended on September 4 with a deadlocked jury, her defence argued that she was not criminally responsible because of a mental illness, specifically a rare condition called postpartum psychosis.

As such, the defence did not dispute the fact that the 36-year-old former labour and delivery nurse carried out the killings at her family's Massachusetts home in 2023.

However, in a hearing earlier this week, Ms Clancy's attorney Kevin Reddington tried to persuade the judge that prosecutors had not offered any proof that Clancy did it.

Prosecutors argued there was plenty of evidence, calling Reddington's claim "laughable".

Attorney Kevin Reddington argued the case was based on speculation in the defence's latest motion. (The Patriot Ledger via AP: Greg Derr)

In his ruling, Judge William Sullivan noted that, for the purposes of his decision, he was required to analyse the evidence in the light most favourable to prosecutors — and that it was up to the jury, not the judge, to decide whether to believe expert witnesses for the defence who testified that Ms Clancy was not responsible for her actions because of mental illness.

"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," Mr Sullivan wrote.

At the first trial, prosecutors acknowledged that Ms Clancy 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 — the youngest just 8 months old — then tried to kill herself.

Mr Sullivan had declared a mistrial with the jury split 11 to one in favour of acquitting Ms Clancy of murder charges.

In Tuesday's hearing, Mr Reddington suggested the entire case "was based on speculation" and proceeded to list the shortcomings in the prosecution's case.

There was almost no police investigation, he claimed, and significant questions revolving around Ms Clancy's condition outside the night of the killings and her lack of memory of what happened.

At the trial, jurors heard testimony that Ms Clancy said she heard voices instructing her to kill 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan Clancy. Her DNA was found on exercise bands used to strangle them.

Before the trial, Mr Reddington himself filed a motion in which he said Ms Clancy was willing to stipulate, in writing, to her involvement in the children's deaths.

"For the first time, the defendant is arguing that there is no evidence she did this," Prosecutor Shanan Buckingham told the judge.

"I'd suggest to you the entire record is voluminous as to information supporting the fact that she did this."

Ms Clancy remains charged with murder and is expected to stay at a psychiatric hospital until her case is resolved.

Prosecutors have yet to decide whether to bring the case to trial for a second time.

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.

Ms Clancy could have been sentenced to life in prison if convicted of murder.

If acquitted, the judge could have ordered her confined to a mental health facility.

Her former husband, Patrick Clancy, who discovered the children's bodies, has said in interviews that he forgives her for the killings.

The live-streamed trial generated intense public interest and drew attention to maternal mental health after childbirth.