Judge denies Lindsay Clancy's motion for not-guilty finding after mistrial; 2 November hearing set

Mixed · 2Lindsay Clancy, 36, appeared in a Massachusetts court on Tuesday for the first time since her trial over the deaths of her three children ended in a mistrial on 4 September. 1 2 Mixed · 2At trial the defence did not deny the killings and argued she was not criminally responsible because of postpartum psychosis. 1 3 Mixed · 2On Tuesday, lawyer Kevin Reddington instead argued there was not enough evidence that she killed them, saying "This entire case is based on speculation", and asked the judge to find her not guilty. 1 2

Mixed · 2Prosecutor Shanan Buckingham called the argument "laughable" and said the state had met its burden of proof. 2 1 Mixed · 2Judge William Sullivan did not immediately rule; according to the BBC, the dismissal request will be discussed on 2 November, when both sides should be ready to discuss trial dates. 2 1 Mixed · 2On Thursday 1 October Sullivan denied the motion for a required finding of not guilty in a five-page written order, saying prosecutors presented enough evidence to "permit a rational trier of fact to find beyond a reasonable doubt the elements of the charge of murder". 4 5

Right · 1The judge also rejected the argument that the state had failed to prove criminal responsibility, writing that "Mental illness alone does not preclude a finding of criminal responsibility beyond a reasonable doubt"; Fox News says he had denied a similar motion when the mistrial was declared on 4 September. 5 Mixed · 2The order noted that Clancy was the only person home when the children were killed, which CBS News says was confirmed by GPS data and surveillance footage showing Patrick Clancy out of the house; it also said the question of criminal responsibility, on which three prosecution experts and the defence experts disagreed, was for a jury to decide. 6 7 Mixed · 2Fox News reports Clancy is due back in court on 2 November for a hearing on her pending double jeopardy motion and Reddington's request for an inquiry into the lone holdout juror; ABC News says the ruling puts her one step closer to a potential retrial. 5 4

Centre · 2Hindustan Times, citing CNN, reports that the judge wants to set a date for a second trial and that Reddington told the court his caseload rules out a trial before June; Newsweek notes that the ruling does not determine guilt or innocence and that, absent a plea agreement, the case will likely return to a jury. 8 7 Left · 1CBS News notes the motion is a Rule 25 motion, which requires the evidence to be viewed in the light most favourable to the state, and that Reddington had made it repeatedly during the trial; legal experts called it an uphill battle. 6 Mixed · 2District Attorney Timothy Cruz said prosecutors have not decided whether to retry her; the Independent says options include first-degree murder, lesser charges, or dropping the case. 1 2

Mixed · 2The defence has also asked for an investigation of the one juror who favoured conviction, Michael Desronvil, over his questionnaire and cellphone use; his lawyer says he had no doubts. 1 3 Right · 1The New York Post, in a preview published before the hearing, reported that Reddington has said in interviews he would accept a deal involving no prison time. 3