Lindsay Clancy's defense makes stunning argument there is no evidence she killed her three children as retrial hangs in the balance

Lindsay Clancy's lawyer made the shocking argument that there is no evidence she killed her children, with her defense demanding the judge throw out the case.

Inside Plymouth County Superior Court, Massachusetts, on Tuesday morning, the mother of three appeared for the first time since her high-profile murder case ended in a controversial mistrial earlier this month. 

Dressed in a short-sleeve blouse with her hair hanging in loose waves, the former nurse sat wheelchair-bound at the defense table, watching as the defense and prosecution sparred over whether she should stand trial a second time and whether sealed jury notes should be released to the public.

Defense attorney Kevin Reddington argued that the prosecution had shown no evidence that Clancy even killed Cora, five, Dawson, three, and Callan, eight months old, back in January 2023.

'This entire case is based on speculation. Where is the admission? Where did she say that she did this?' he asked.

Gesturing animatedly inside the jam-packed courtroom, he claimed that the former nurse had been demonized by everyone, including the president.

‘She's a demon and possessed and should be executed,' he claimed people were saying. 'This is coming from politicians, from President Trump, all the way down.'

Slamming the entire investigation into the children’s deaths, Reddington questioned: 'Where is the evidence that she did this?'

Lindsay Clancy appeared in court on Tuesday - the first time she has been seen since her high-profile murder case ended in a controversial mistrial earlier this month

Defense attorney Kevin Reddington questioned the investigation into Clancy as he argued for a required finding of not guilty

There was no blood on Clancy's socks after she cut herself and leaped from the bedroom window and, when she woke from a coma, she had no memory of killing her children, he said. Instead, she was simply told by police that she had killed her children despite there being issues with the timeline of that day, he argued.

'It wasn't even a horrendous investigation. There was no investigation,' the lawyer said.

Because of the shoddy investigation, the state had no probable cause that she was even the perpetrator of the crime, he claimed.

Prosecutor Shanan Buckingham branded his comments ‘laughable,’ saying this was the first time the defense had made this claim.

As well as lacking probable cause, Reddington also argued that there is no sufficient evidence to prove the 36-year-old is criminally responsible for the killings.

In an insanity case in Massachusetts, the state proves someone is criminally responsible through two points: whether the person was suffering a mental defect or disease at the time, and, if they were, whether they could still control their actions or conform to the law despite this mental illness.

Because the state failed to show evidence to prove its case beyond a reasonable doubt, Reddington argued, the judge must enter a finding of not guilty on all charges.

Firing back, Buckingham argued that a defendant who suffers from mental illness can commit crimes and still be criminally responsible.

Judge William Sullivan said he will take the lawyers' arguments under advisement and rule on a required finding later

Clancy was charged with murder after strangling her three children, Cora, five, Dawson, three, and eight-month-old Callan in 2023

Judge William Sullivan said he will take the matter under advisement and rule at a later date.

Tuesday's hearing, which drew dozens of reporters to the courthouse, set the wheels in motion for the future of her case after a dramatic and uncertain three weeks since her first trial ended.

Clancy went on trial in July, charged with three counts of first-degree murder for killing Cora, five, Dawson, three, and Callan, eight months old, inside the family home in the wealthy suburb of Duxbury, Massachusetts, on January 24, 2023.

The 36-year-old labor and delivery nurse strangled the children with exercise bands in the basement after sending her husband, Patrick Clancy, out of the home to run errands.

She then tried to kill herself, cutting her wrists and neck and jumping from the second-floor bedroom window.

Clancy survived but was left paralyzed from the waist down.

The mother of three did not deny killing her children but pleaded not guilty by reason of insanity, saying she was suffering from severe postpartum depression and psychosis at the time.

Over five weeks of testimony, jurors heard Patrick's devastating 911 call, saw graphic photos of the children's autopsies, learned details of Clancy's spiraling mental health in the months leading up to the killings, and listened to dueling diagnoses from psychiatrists and mental health experts.

Michael Desronvil finally broke his silence on Monday in a video statement shared with Hannity

Outside the courthouse, the case also grew in magnitude.

Pink-clad supporters staged rallies in the parking lot, a national conversation about postpartum mental illness began, and the media following ballooned into a mob of camera crews.

But ultimately, after 38 hours of deliberations, the 12 jurors failed to reach a unanimous verdict and, on September 4, a mistrial was declared.

It turned out that a lone holdout juror, identified as Michael Desronvil, refused to join the other 11 in finding her not guilty by reason of insanity.

Desronvil's role in the trial was one of several matters that took center stage on Tuesday as the defense and prosecution faced off once again inside the courtroom over a handful motions filed since the mistrial was declared.

At the start of the hearing, Judge William Sullivan tabled several of the motions for a later date and several matters that had been expected failed to come to fruition.

Arguments about the defense’s request to investigate Desronvil, a defense motion to dismiss the case on double jeopardy grounds, and a newly-filed motion from the state requesting a gag order preventing Reddington from speaking out about the case were all put on pause.

A date of November 2 was set for a follow-up hearing where those matters will be argued.

No new trial date was set - after the two sides both asked the judge to delay the matter and Reddington said he would not be available for a retrial until June. Judge Sullivan told the lawyers to prepare to set a date at the November 2 hearing.

Lindsay Clancy's defense attorney Kevin Reddington demanded the public stop with the 'horrific conspiracy allegations' about Patrick Clancy during an interview with CBS Mornings on Wednesday

The prosecution also did not confirm whether or not the state plans to retry Clancy and, if so, on the same charges of first-degree murder or lesser charges.

When asked by reporters outside court, Plymouth County District Attorney Tim Cruz said his office was still deciding its next course of action in the case.

Attorney Heather O’Connor also appeared in court on behalf of the holdout juror, Desronvil, whose conduct lies at the heart of several of the defense’s motions to be heard on November 2.

In the defense’s motion to dismiss, Reddington argued that Judge Sullivan failed to properly probe the holdout juror and the claims made by the foreperson before declaring a mistrial.

Had a thorough inquiry been made, he argued, a mistrial might have been avoided.

Reddington argued that putting Clancy on trial for a second time would be a violation of double jeopardy laws and so the judge must dismiss the case altogether.

Before the mistrial was declared, the jury foreperson sent two messages to the judge accusing the then-unidentified holdout of expressing reasonable doubt, but of refusing to apply it to the law.

At the time, Reddington called for the holdout to be struck from the case or to at least to face further questioning.

Judge Sullivan refused and hours later, when the jury returned deadlocked again, a mistrial was declared.

Desronvil has said through his attorney Edward Paltzik that he has ‘zero doubt’ about Clancy’s guilt, based on what was described as ‘mountains of evidence.’

Clancy faced three counts of first-degree murder after the children's deaths in 2023

Paltzik, who previously represented President Donald Trump, and Reddington have repeatedly traded barbs in recent weeks.

The attorney for the holdout has branded Reddington ‘Kevin ‘Shooter McGavin’ Reddington.’ He has responded by branding Paltzik a ‘publicity-seeking opportunist.’

The war of words came after questions mounted about Desronvil’s actions in the jury room when several fellow jurors broke their silence in interviews with the media.

Several accused him of refusing to follow the law when it came to reasonable doubt while one also claimed that he was scrolling on his phone during deliberations.

It also emerged that Desronvil was arrested for domestic violence in 2021. The case was later dropped but he still had an active restraining order against him while serving as a juror in the case.

Following the claims, Reddington filed a separate motion calling for an investigation into Desronvil to determine whether he was truthful during jury selection and to probe his use of his phone during the trial.

The defense asked the court for his juror questionnaire, phone records and records around his brushes with the law.

While those matters were not addressed in Tuesday’s hearing, the newest member of Clancy's legal team, former Karen Read attorney Martin Weinberg, argued that juror notes from the final days of deliberations and sidebar discussions should be released to the public.

Prosecutor Jennifer Sprague countered by arguing that this could have a ‘chilling effect’ on future potential jurors.

Outside court, Desronvil’s newly-appointed lawyer O’Connor told reporters he wants privacy for himself and justice for the children.

‘He’s the only one being targeted here because his decision and his vote was different than everyone else’s. People should not have to worry - just as the commonwealth said - jurors should not have to worry about coming in and having them outed because they take a stance different than everyone else,’ she said.

While the case continues to play out contentiously inside the courtroom and draw crowds to Plymouth, outside the case Patrick Clancy has spoken out for the first time.

In a sit-down with 60 Minutes following the mistrial, Clancy's ex-husband spoke of his grief and meeting his new wife, Dr Rachel Danis.

In the interview, they revealed that they are expecting their first child together.

Clancy, meanwhile, remains in Tewksbury Hospital, where she receives round-the-clock care and is on suicide watch.