Lindsay Clancy’s lawyer has asked a judge to find her not guilty after her case ended in a mistrial.
After five weeks of testimony and almost 40 hours of deliberations, the jury in the Clancy case could not reach a unanimous vote and Judge William Sullivan declared a mistrial.
Prosecutors have yet to say if they plan to retry Clancy following the mistrial.
But her lawyer Kevin Reddington has made a bombshell new filing in which he calls on the judge to declare her not guilty of murder by reason of insanity.
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In the motion, filed today (Thursday 10 September), Reddington argued that Plymouth County District Attorney's Office should not be allowed to try the case for a second time claiming that the prosecution does not have sufficient evidence to prove his client is criminally responsible for the killings of her three children.
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Reddington argued that even the prosecution's expert witnesses agreed Clancy suffered from a serious mental illness at the time.
"No rational jury could find beyond a reasonable doubt that she had no mental disease or defence when the Commonwealth's own proof established that she did," Reddington wrote in the motion.
The new filing also claims tha...