Clancy Lawyer to Seek Dismissal on Double Jeopardy

Clancy Lawyer to Seek Dismissal on Double Jeopardy

Kevin Reddington, defense lawyer, at a courtroom table with hand raised
Kevin Reddington, Lindsay Clancy's lawyer, plans to file a double jeopardy motion to dismiss charges at her Sept. 29 hearing.Illustration: The Frank

The News

Lindsay Clancy's defense attorney says he will ask a judge to throw out the murder case against her on double jeopardy grounds, days after her five-week trial ended in a mistrial.

Kevin Reddington told "CBS Mornings" on Wednesday that he expects to raise the motion to dismiss at Clancy's next hearing on Sept. 29, Boston.com reported.

His argument: Judge William Sullivan had no "manifest necessity" to declare a mistrial last Friday, so retrying her would amount to prosecuting her twice for the same crime.

Why It's a Long Shot

Double jeopardy bars a defendant from being prosecuted twice for the same crime, but hung-jury mistrials generally do not count toward it, Boston.com reported. The Daily Wire called the move a "long-shot."

Reddington's opening is the jury itself. He pointed to reports of a lone holdout who allegedly acknowledged doubt in prosecutors' case but refused to find Clancy not guilty by reason of lack of criminal responsibility.

Timeline

Jan. 24, 2023

Clancy strangles her three children at the family home in Duxbury, Massachusetts: 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan. She then paralyzes herself in a suicide attempt.

Friday, Sept. 4, 2026

After a five-week trial, the jury fails to reach a unanimous verdict and Judge William Sullivan declares a mistrial.

Tuesday, Sept. 8, 2026

Reddington floats the idea of a presidential pardon during an appearance on "Good Morning America." The same day, Patrick Clancy — her former husband — threatens legal action over what his lawyer called a "relentless, escalating and destructive defamation campaign."

Wednesday, Sept. 9, 2026

Reddington tells "CBS Mornings" he will file a motion to dismiss all charges on double jeopardy grounds.

Sept. 29, 2026

Clancy's next scheduled hearing, where Reddington expects to raise the motion.

Reactions

Reddington, speaking to hosts Gayle King and Norah O'Donnell, returned to the postpartum psychosis defense he has argued throughout.

"It's so easy for people to say, 'Oh, come on. You don't hear voices. You're making that up. You're lying. You're evil.' Because it's easier to punish someone," he said. "It would be so easy for a lot of people if we could just put Lindsay in jail and say, 'This is terrible. She's evil and guilty.' No one is discounting the horrific loss of those kids, let alone Lindsay Clancy, who is well aware and lives with that every day."

He acknowledged President Donald Trump has no power to grant clemency in a state case and said his pardon appeal was aimed at pressuring Plymouth County District Attorney Tim Cruz, a fellow Republican. "If I could reach out to the king of England and ask him for help, I would on this case," Reddington said. He added that Trump's comments about the mistrial told him the president is aware of the case.

Asked whether it would be appropriate for a president to intervene in a state case, Reddington replied: "If it helps resolve this tragic case, I don't really care." He said he is open to discussing a resolution with Cruz as long as prison time is off the table: "All I know is that I'm not going to ever agree that this young lady do a day in jail."

Reddington also defended Patrick Clancy against conspiracy theories suggesting he had something to do with the killings, citing the 911 call he made on returning home. "The gut-wrenching horror that is in his voice, no actor in California could ever imitate that," he said. "The man ought to be able to move on with his life and stop with the speculation and horrific conspiracy allegations."

What's Next

The Plymouth County District Attorney's Office has not said whether it will retry the case.

Clancy's next hearing is Sept. 29, when Reddington says he will file and argue the motion to dismiss.

More

Clancy, 36, admitted to the killings but raised what is commonly known as an insanity defense, arguing she was in the grip of postpartum psychosis and heard a voice commanding her to kill the children and herself.

Prosecutors argued she planned the killings deliberately and could still tell right from wrong, even as she grew more depressed and suicidal in the months before January 2023.

More than three years later, Clancy remains under one-to-one suicide watch at the state-run Tewksbury Hospital. "Thankfully, she's getting great psychiatric treatment, medical treatment, at Tewksbury," Reddington said.

Patrick Clancy has since divorced her, moved to New York and remarried.

Poll

Should Lindsay Clancy be retried for the killings?

Yes — a hung jury is not an acquittal
0.0%
No — dismiss the case
0.0%
Resolve it with treatment, not prison
0.0%
Not sure
0.0%

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