Warning: Graphic content BOSTON — The judge in the Lindsay Clancy murder case on Thursday refused to declare her not guilty, turning down a defence motion that had argued there wasn’t enough evidence to prove she was responsible for killing her three children. During Clancy’s first trial, which ended Sept. 4 with a deadlocked jury, her defence argued that she was not criminally responsible because of a mental disease, specifically a rare condition called postpartum psychosis. As such, the defence didn’t dispute 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, 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.” Prosecutors have yet to decide whether they will put the case in front of a jury 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. In his ruling Thursday, Judge William Sullivan noted that for the purposes of his decision, he was required to analyze 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 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,” Sullivan wrote. At the first trial, prosecutors acknowledged that 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 eight months old -- then tried to kill herself. Sullivan had declared a mistrial with the jury split 11 to 1 in favour of acquitting Clancy of murder charges. In Tuesday’s hearing, Reddington suggested the entire case “was based on speculation” and listed shortcomings in the prosecution’s case. There was almost no police investigation, he claimed, and significant questions revolving around Clancy’s condition outside the night of the killings and her lack of memory of what happened. At the trial, jurors heard testimony that Clancy said she heard voices instructing her to kill five-year-old Cora, three-year-old Dawson and eight-month-old Callan Clancy. Her DNA was found on exercise bands used to strangle them. Before the trial, Reddington himself filed a motion in which he said 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.” Clancy remains charged with murder and is expected to stay at a psychiatric hospital until her case is resolved. 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. The livestreamed trial generated intense public interest and drew attention to maternal mental health after childbirth. Michael Casey, The Associated Press If you or someone you know is in crisis or struggling with mental illness, here are some resources that are available. Canada Suicide Crisis Helpline (Call or text 988 or visit 988.ca) Centre for Addiction and Mental Health (1-800-463-2338) Kids Help Phone (1-800-668-6868) If you need immediate assistance call 911 or go to the nearest hospital.
