Defense Asks Judge to Enter Not Guilty for Lindsay Clancy After Hung Jury

# What happened Lindsay Clancy's trial ended in a mistrial after a jury deadlocked on whether she was criminally responsible when she killed her three children on January 24, 2023. Defense lawyer Kevin Reddington has filed a renewed motion asking Plymouth Superior Court Judge William Sullivan to enter findings of not guilty by reason of lack of criminal responsibility on all six indictments instead of allowing the Commonwealth to retry the case.

# The legal claim the defense is making Reddington's Rule 25 motion argues that, even viewing the evidence in the light most favorable to prosecutors, the Commonwealth did not meet its burden to prove beyond a reasonable doubt that Clancy retained the capacity required for criminal responsibility. Under Massachusetts law, when mental illness is properly raised, the prosecution must prove that despite any mental disease or defect, the defendant still had substantial capacity to appreciate the wrongfulness of the act or to conform their conduct to the law.

# Evidence both sides relied on at trial All six forensic experts who testified — three called by each side — agreed Clancy suffered a serious mental illness on the date of the killings. The prosecution's testimony identified conditions such as a major depressive episode and bipolar II disorder, but argued those conditions did not eliminate Clancy's legal capacity.

The defense counters that those behaviors do not answer the legal question. Capability to perform routine or familiar tasks, Reddington argues, does not prove the mental-state elements the Commonwealth needed to establish.

# What the post-crime conduct showed

# What happened in the jury room Reports indicate the twelve-person jury split 11-1 on the issue of criminal responsibility, with eleven jurors favoring acquittal and one holdout refusing to agree. Foreperson Roni Carlson told NBC10 Boston the holdout eventually acknowledged doubt, and Carlson began completing verdict forms before the holdout again said he would not agree to a verdict. Judge Sullivan ultimately declared a mistrial.

# What the defense is asking now and what it would mean If Judge Sullivan grants the defense's Rule 25 motion and enters findings of not guilty by reason of lack of criminal responsibility, Clancy would be acquitted on the indictments and the Commonwealth could not retry the same charges. If Sullivan denies the motion, prosecutors could seek a retrial.

# Where the case stands The renewed motion is the defense's next procedural step after the mistrial. The court must decide whether the record supports a judicial finding that no rational jury could have found Clancy criminally responsible beyond a reasonable doubt given the expert consensus on her mental illness and the evidentiary disputes about capacity.