A judge has rejected Lindsay Clancy’s latest attempt to have the murder charges against her dismissed.
During her first trial, which ended in a mistrial on September 4 after an 11-1 jury deadlock, Clancy’s defense argued that she was not criminally responsible because she was experiencing postpartum psychosis. The defense did not dispute that she killed her three children.
But earlier this week, attorney Kevin Reddington argued that prosecutors had not proven Clancy was responsible for the deaths. Prosecutors called the claim “laughable” and pointed to physical and circumstantial evidence presented at trial.
In his ruling Thursday, Judge William Sullivan said the evidence had to be viewed in the light most favorable to the prosecution. He also noted that deciding whether to believe the defense’s mental-health experts was the jury’s responsibility—not the judge’s.
“There was evidence introduced, both physical and circumstantial, that would permit a rational trier of fact to find beyond a reasonable doubt the elements of the charge of murder,” Sullivan wrote.
Prosecutors have not yet decided whether to retry Clancy on first-degree murder charges, pursue lesser charges, or drop the case. At trial, jurors heard testimony that Clancy said voices instructed her to kill 5-year-old Cora, 3-year-old Dawson, and 8-month-old Callan. Her DNA was also found on the exercise bands used to strangle the children.
Clancy remains charged with murder and is expected to stay at a psychiatric hospitaln while the case continues.