Lindsay Clancy’s lawyer plans to make a major move after her murder trial ended without a verdict. Kevin Reddington states that he wants the case against his client dismissed. The ruling comes after jurors in the case spoke in interviews about the deliberations.
Lindsay Clancy’s attorney Kevin Reddington says he will seek to have the case dismissed on double-jeopardy grounds following the mistrial
Reddington told CBS Mornings that he will file a motion to dismiss on Sept. 29. The motion will contend that another trial should be barred due to double jeopardy, he said. “It will be a motion to dismiss based on what’s called double jeopardy grounds,” Reddington said. He argued that the court did not have “manifest necessity” to declare a mistrial.
Clancy faces charges in the deaths of her three children, Cora, Dawson and Callan. Her attorneys stated that she was not criminally responsible due to postpartum psychosis and medication. Prosecutors said that she was capable of planning the killings and knew right from wrong. The jury reached no unanimous verdict after more than seven days of deliberations, leading to the Sept. 4 mistrial.
The jury reportedly split 11-1, with one juror being the holdout. Later, Juror No. 5 told CBS Boston that there was “so much doubt” during deliberations. Reddington said the foreperson’s note showed that the holdout juror acknowledged reasonable doubt but would not apply the judge’s instructions. CBS News legal contributor Caroline Polisi called Reddington’s dismissal request “huge news” but described it as a “long-shot motion.”
Polisi explained that a typical mistrial does not stop prosecutors from seeking another trial. She said Reddington will argue that Judge William Sullivan should have examined the holdout juror’s conduct further. “If he wins that motion, she would go free,” Polisi said. Prosecutors have not said whether they will retry Clancy, while Reddington said he would not agree to her spending a day in jail.
Reddington also discussed his request for President Donald Trump to pardon Clancy, even though her case involves state charges. He said he has not heard from the White House but would “love to have” Trump contact Plymouth District Attorney Tim Cruz. Trump previously called Clancy’s actions “horrible” and said the outcome could involve “mental institution or jail or something.” Reddington said, “If it helps resolve this tragic case, I don’t really care.”
