Lindsay Clancy flashes rare smile as lawyer calls case ‘based on speculation’ in retrial fight

PLYMOUTH, MASSACHUSETTS: Lindsay Clancy flashed a rare smile in court on Tuesday, September 29, as her lawyer argued that prosecutors had failed to prove their case against her.

Her first court appearance since the recent mistrial also saw a dispute over a possible retrial, which could be delayed until 2027.

Lindsay Clancy’s lawyer challenges prosecution’s evidence

Defense attorney Kevin Reddington argued that prosecutors had failed to establish what happened inside the family’s Duxbury home on January 24, 2023, when Clancy’s three children died.

“This entire case is based on speculation,” Reddington told Judge William Sullivan at Plymouth Superior Court.

He also criticized the public reaction to Clancy, saying people often focus on the fact that she killed her children without considering whether she was criminally responsible.

“When people hear that she admitted to it, they go off on a tangent,” he said.

Reddington described the backlash Clancy has faced, including people calling her a “demon” and saying she should be executed. He added, “This is coming from politicians, from President Trump, all the way down.”

His remarks came days after the attorney for holdout juror Michael Desronvil publicly called Clancy a “demon” and said she deserved execution.

Reddington argued that the case hinges on whether Clancy committed the acts and whether prosecutors proved beyond a reasonable doubt that she understood her actions were wrong.

Clancy did not dispute during her trial that she killed her five-year-old daughter, Cora, her three-year-old son, Dawson, and her eight-year-old son, Callan.

Her defense has argued that she was suffering from postpartum psychosis and could not understand that her actions were wrong.

Prosecutors agreed that Clancy had serious mental health problems but maintained that she was still criminally responsible. 

They alleged that she sent her husband, Patrick, out of the house before strangling the children with exercise bands.

Judge postpones Lindsay Clancy’s dismissal hearing

Judge William Sullivan postponed arguments on Clancy’s request to have the charges dismissed until November 2.

Reddington had been prepared to argue the motion on Tuesday, but prosecutor Jennifer Sprague requested more time, saying it had only recently been filed.

The next hearing could address the dismissal request and, if the charges remain, determine when Clancy could face a new jury.

Prosecutors filed their opposition to the defense’s motion for a required finding of not guilty on Monday. The defense maintains that the Commonwealth failed to prove Clancy was criminally responsible for the killings.

Lindsay Clancy’s defense questions holdout juror

Clancy’s lawyers have also asked the judge to investigate Desronvil, whose position prevented the jury from reaching a unanimous verdict.

Court filings indicate that the jury was split 11-1 in favor of finding Clancy not guilty by reason of lack of criminal responsibility.

The defense wants the court to examine Desronvil’s questionnaire answers and conduct during deliberations, including allegations involving cellphone use.

During the first trial, Reddington accused one juror of refusing to follow the law on reasonable doubt.

Sullivan declined to remove the juror, and the panel later reported that it was hopelessly deadlocked, leading to a mistrial. Desronvil has denied claims that he refused to follow the law.

His attorney, Edward Paltzik, accused Reddington of unfairly targeting his client and warned that such attacks could discourage people from serving on juries.

Desronvil spoke publicly on Monday night, asking people to focus on the children. “I know the whole focus has been on me, but we want to reel everything back and put the focus on the three angels,” he told Fox News.

Lindsay Clancy’s retrial may be delayed until 2027

More than 300 women gathered outside the courthouse on Tuesday, wearing pink shirts bearing messages such as “Justice for Lindsay,” “Presumed innocent” and “Mental health matters.”

The Commonwealth has also asked the court to restrict prejudicial public comments by lawyers, citing Reddington’s remarks on television and outside the courthouse.

Reddington told the judge that he would not be available for another trial until June 2027 because he has another murder case scheduled. 

If the judge rejects the defense’s dismissal request, Clancy’s retrial could therefore be delayed until next summer.