Lindsay Clancy returned to Plymouth Superior Court Tuesday as her lawyer challenged whether prosecutors proved she killed her three children.
And it didn’t take long for tempers to flare.
Judge William Sullivan slammed his fist on the bench during a tense first hearing since Clancy’s mistrial.
Defense attorney Kevin Reddington told Judge William Sullivan the Commonwealth’s case rested on speculation rather than reliable evidence.
“This entire case is based on speculation,” Reddington said during Clancy’s first court appearance since her September 4 mistrial.
“Where is the evidence that she did this?” Reddington asked while pressing Sullivan to acquit Clancy.
Reddington argued there was “no evidence this woman killed those children,” a sharp shift from his trial strategy.
During the trial, the defense did not dispute Clancy caused the deaths but centered its case on criminal responsibility.
Reddington had argued Clancy suffered postpartum psychosis, heard a commanding male voice, and could not legally appreciate her conduct.
Prosecutors portrayed Tuesday’s new argument as inconsistent with positions the defense took throughout the five-week murder trial.
Prosecutor Shanan Buckingham called the claim “laughable,” citing evidence and defense stipulations presented before the deadlocked jury.
Lindsay Clancy judge slams fist on bench in tense first court appearance since mistrial as retrial battle looms https://t.co/BHDjXC0B3D pic.twitter.com/s7ncPyCCUX
— New York Post (@nypost) September 29, 2026
Clancy, 36, pleaded not guilty to murder charges involving Cora, 5, Dawson, 3, and eight-month-old Callan.
Prosecutors say she strangled the children with exercise bands inside the family’s Duxbury home after sending her husband away.
They contend Clancy deliberately arranged errands for husband Patrick Clancy, creating an opportunity to be alone with the children.
After the deaths, Clancy jumped from a second-story window, suffering injuries that left her paralyzed from the waist down.
He questioned why investigators lacked smeared blood evidence where prosecutors say Clancy moved before jumping from the window.
Reddington also argued Clancy learned details afterward and did not independently remember what happened inside the home.
Prosecutors countered that Clancy discussed hearing a command voice while hospitalized, evidence they say linked her to the killings.
Assistant District Attorney Jennifer Sprague said “The Commonwealth met its burden” proving Clancy committed the charged acts.
Sprague argued mental illness alone does not eliminate criminal responsibility and said Clancy displayed no outward psychosis signs.
She also advanced an “altruistic filicide” motive theory, arguing Clancy intended suicide and did not want her children suffering.
Sullivan took the defense request for a required finding of not guilty under advisement and issued no immediate ruling.
No retrial date was set, and Plymouth County District Attorney Timothy Cruz said prosecutors remain undecided about retrying Clancy.
“We’re going to do what we can for the children,” Cruz told reporters outside the courthouse Tuesday.
“It’s about those children and making sure they get justice,” Cruz said while describing prosecutors’ continuing review.
The original jury deliberated more than seven days before deadlocking 11-1, according to jurors who later discussed deliberations.
Eleven jurors reportedly favored finding Clancy not criminally responsible, while holdout juror Michael Desronvil supported conviction.
Desronvil said through counsel he had no doubts about his position and rejected claims he disregarded reasonable-doubt instructions.
In a Fox News video, Desronvil urged attention back toward Cora, Dawson, and Callan, calling them “the three angels.”
Clancy’s defense separately wants Sullivan to investigate Desronvil’s questionnaire answers, courtroom responses, and alleged cellphone use during deliberations.
One juror previously alleged Desronvil scrolled on his phone while deliberating, conduct barred under Massachusetts jury rules.
Desronvil’s new attorney, Heather O’Connor, said he carefully performed his responsibilities and criticized efforts singling him out.
Sullivan postponed arguments over the juror inquiry, impounded records, and the defense’s double-jeopardy claim until November 2.
The defense argues no “manifest necessity” justified the mistrial because Sullivan should have investigated the holdout juror further.
Prosecutors oppose that argument and maintain the deadlock permitted a mistrial, leaving a second prosecution legally available.
They also requested a gag order limiting Reddington’s public comments before any retrial, citing potential prejudice to future jurors.
Prosecutors said restrictions are needed to prevent another “carnival atmosphere” surrounding the heavily publicized proceedings.
Clancy remains at a state psychiatric hospital while the murder charges and multiple post-mistrial motions remain unresolved.
Around 40 supporters, many wearing pink, gathered outside Plymouth Superior Court before Tuesday’s hearing.
If convicted of first-degree murder, she could face life imprisonment, while an insanity acquittal could lead to psychiatric confinement.
Sullivan scheduled the next status hearing for November 2, when attorneys must be prepared to discuss a potential retrial date.
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