PLYMOUTH, MASS. (WHDH) - Lindsay Clancy will be back in court Tuesday for a hearing regarding several motions in the murder case against her.
Clancy’s Defense Attorney Kevin Reddington will argue there was never enough evidence to convict Clancy. In Clancy’s inital trial, his defense was built on claims that she was mentally ill, and did not know right from wrong when she strangled her three young children in January 2023.
Judge Michael Sullivan agreed to hear arguments on a motion asking him to dismiss the case based on Double Jeopardy. The defense claims the lone holdout juror refused to follow his instructions regarding reasonable doubt.
Reddington also has a third motion, asking the judge to investigate the holdout juror, examine data on his cell phone, and provide him with juror notes and transcripts of sidebar discussions.
An attorney for the holdout juror spoke to Fox News’ Kayleigh McEnany.
“Kevin Reddington is clearly attacking the Sixth Amendment,” said Edward Paltzik, attorney for the holdout juror. “He’s clearly attacking the right to trial by jury. He is off the rails.”
Paltzik said his client does not doubt Clancy’s guilt. He said his client’s focus remains on the victims, Cola, 5, Dawson, 3, and Callan, 8 months.
“It’s about three innocent children who were murdered by their demonic mother,” Paltzik said. “And this shouldn’t be controversial. We are not backing down. We’re not giving one inch.”
A retired judge who has presided over that same courtroom said Reddington’s motions face legal hurdles.
“It’s problematic on several fronts,” said Christopher Muse, a retired Plymouth County Superior Court Judge. “In part because a Massachusetts judge has discretion to decide whether a juror inquiry is warranted and the Supreme Judicial Court has already declined to step in and overrule Judge Sullivan’s decision to declare a mistrial.”
In an exclusive 7NEWS/University of New Hampshire Survey Center poll, nearly 600 Massachusetts residents were asked about the Clancy case.
Forty-three percent said they believe prosecutors should definitely or probably should retry Clancy. Thirty-three percent said definitely or probably should not, while 24 percent said they don’t know or have no opinion.
Among those who’ve heard about the case, 40 percent said they believe Clancy is guilty, 36 percent said they believe she is not guilty, and 24 percent said they don’t know or have no opinion.
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