Judge Denies Mistrial in Lindsay Clancy Trial
Judge Denies Mistrial in Lindsay Clancy Trial
The News
A Massachusetts judge on Monday refused to declare a mistrial in the triple-murder trial of Lindsay Clancy after a prosecution expert brought up her Roman Catholic faith on the stand.
Clancy, 36, a former labor and delivery nurse, has pleaded not guilty by reason of insanity to three counts of murder in the January 2023 strangling deaths of her children Cora, 5, Dawson, 3, and Callan, 8 months, at the family's Duxbury home.
Judge Sullivan struck the religious testimony and told jurors to ignore it. Closing arguments are expected Wednesday.
What Happened in Court
Forensic psychologist Kirk Heilbrun, testifying as a rebuttal witness for prosecutors, told the jury he diagnosed Clancy with bipolar 2 disorder and said she was experiencing anxiety, depression, insomnia and suicidal thoughts in the weeks before the killings.
But he cast doubt on the core of the defense case: her claim that a male voice commanded her to kill herself and her children. Clancy never reported hearing the voice before or after the killings, Heilbrun said.
"To put it mildly, that would be a very, very unusual pattern or manifestation of how this kind of thing comes about," he testified.
He said he is "always very careful" when someone reports a symptom only during the commission of an offense. "It provides a convenient way of lessening your own culpability. It's always possible, but as I said, I find it very, very rare."
Heilbrun described the account as more consistent with an intrusive thought than a command hallucination, and said the first thing Clancy told her then-husband Patrick Clancy after her suicide attempt was that she had tried to kill herself. "If she had actually experienced this command hallucination, she might have said something like 'I did what I had to do' or 'I did what the voice said,'" he testified.
He called the killings "altruistic filicide" — killing one's children out of love. "When she decided at some point that she was going to put a stop to (her life), then she had to answer the question of what to do about the kids, and she didn't want to leave them, and she was convinced they would suffer without her," Heilbrun said.
His testimony ended abruptly Monday afternoon after he invoked Clancy's Catholic upbringing while explaining her mindset, referring to testimony that she said "Go to God" as she strangled the children.
"She was raised as a Catholic, and this, as I understand Catholic considerations, that's not necessarily what happens, but when I asked her about that, 'Isn't suicide a mortal sin?'" he said.
Timeline
Clancy strangles her three children at the family's Duxbury home and attempts suicide by jumping from a second-story window.
The defense rests. Prosecutors begin their rebuttal case with forensic psychiatrist Dr. Avram Mack, who testifies he found a major depressive episode but no evidence of mania, hypomania or psychosis.
Day 19. Heilbrun testifies he diagnosed bipolar 2 disorder but doubts the hallucination account. After his remark about Catholicism, the parties go to sidebar and the defense moves for a mistrial. The judge denies it.
Reactions
Defense attorney Kevin Reddington moved for a mistrial, citing "intentional misconduct on the part of the prosecution" by "injecting Roman Catholic faith into this trial."
Prosecutors argued the comment was unintentional, noting they had not asked Heilbrun about religion.
Sullivan sided with the prosecution on the mistrial but was blunt with the jury. "The religion that the defendant was raised is absolutely an inappropriate area of testimony," he said. "It is to be stricken. It is not to be considered." Several jurors nodded as he spoke, CNN reported from the courtroom.
It was the second time the phrase "mortal sin" surfaced at trial. Last week, prosecutors asked Clancy's former mother-in-law, Susan Clancy, whether she was "aware that murder is considered a mortal sin." The judge called a sidebar and told jurors to disregard the question.
What's Next
The prosecution's final witnesses are expected to finish Tuesday, with closing arguments anticipated Wednesday, the judge said — a timeline he cautioned is subject to change.
The jury will then decide whether Clancy was criminally responsible when she killed her children.
More
Reddington does not dispute that Clancy killed the children. His case is that she was in the grip of postpartum psychosis — a rare illness tied to the stress, sleep deprivation and hormonal changes after childbirth — and that antidepressants she was prescribed made her condition worse. A defense psychiatric expert testified last week that she did not appreciate the wrongfulness of her actions.
Prosecutors say Clancy "acted intentionally, rationally and swiftly," and that she engineered her husband's absence by sending him out for medicine for one of the children and dinner for the family. They acknowledge she had mental health problems but argue she knew right from wrong.
The dueling experts have split sharply. Heilbrun found bipolar 2; Mack found no bipolar diagnosis and no psychosis. Heilbrun also noted that during a roughly two-week psychiatric hospital stay before the killings, Clancy never reported hallucinations or suicidal thoughts — her main complaint was insomnia.
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