Lindsay Clancy's lawyer files to have her case THROWN OUT for good... arguing state failed to prove its case and she should not face a retrial

• Sign up for The Crime Desk
• Listen to our Lindsay Clancy podcast series 

By RACHEL SHARP, CRIME CORRESPONDENT

Published: 17:07 BST, 10 September 2026 | Updated: 17:20 BST, 10 September 2026

Lindsay Clancy has filed to have her case thrown out for good, arguing that the state failed to prove that she was in control of her actions when she strangled her three young children.

In a new motion, filed in Plymouth County Superior Court on Thursday, Clancy's defense attorney Kevin Reddington argued that the Plymouth County District Attorney's Office should not be able to try the case for a second time.

On Friday, a mistrial was declared when the jury of nine women and three men failed to reach a unanimous verdict.

The outcome came down to a lone male holdout juror who refused to join the 11 other panelists in finding her not guilty by reason of insanity.

In an unprecedented and contentious final 24 hours, the foreperson sent two messages to the judge accusing the holdout of expressing reasonable doubt, but refusing to follow the law.

Reddington called for the holdout to be struck from the case if they were not following the law. 

Judge William Sullivan declined and, just hours later, with the jury returning with a deadlock once again, a mistrial was declared.

But, in the new filing, the defense is not zeroing in on the holdout juror.

Instead, Reddington argues that prosecutors did not present sufficient evidence in the case.

The motion asks the court to 'enter a finding of not guilty by reason of lack of criminal responsibility on each indictment.'

Lindsay Clancy is now fighting to have her case thrown out arguing the state should not be able to try her a second time

Clancy was charged with three counts of first-degree murder for killing Cora, five, Dawson, three, and Callan, eight months old, on January 24, 2023 

Reddington asked for the motion to be argued at the next hearing in the case, scheduled for September 29. 

Clancy was 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 affluent suburb of Duxbury, Massachusetts, on January 24, 2023.

The former delivery nurse strangled the children with exercise bands in the basement then tried to kill herself - cutting her wrists and neck before jumping from the second-floor bedroom window.

It was a case where postpartum mental illness and criminal responsibility took center stage and which became closely-watched around the globe.

Prosecutors alleged that Clancy was of sound mind when she killed the children. 

Meanwhile Clancy's defense argued she was not guilty by reason of insanity, because she was suffering severe postpartum depression and psychosis at the time.