Lindsay Clancy's Lawyer Kevin Reddington Reveals Plans to Request Murder Case Be Tossed After Hearing From Multiple Jurors
Lindsay Clancy's defense attorney wants her murder case thrown out entirely.
Sept. 9 2026, Published 12:05 p.m. ET
Lindsay Clancy's defense attorney has said he plans to ask that the murder case and possible retrial of the Massachusetts mom be thrown out, RadarOnline.com has learned.
Kevin Reddington is reportedly set to present a motion to dismiss on Sept. 29 at his client's next scheduled status hearing.
Kevin Reddington Prepares a Motion to Dismiss
Clancy's attorney, Kevin Reddington, plans to file a motion at an upcoming hearing.
Clancy's highly publicized murder trial ended in a mistrial on Sept. 4 after jurors could not come to a unanimous verdict, despite more than a week of deliberations.
Now, Reddington argues there should not be a retrial, and plans to argue his case in front of a judge.
"It will be a motion to dismiss based on what's called double jeopardy grounds, because there's no manifest necessity," Reddington told CBS Mornings. "You have to have a manifest necessity to declare a mistrial for obvious reasons – the invested time that the jurors put into it, the court, the staff, the defendant, the prosecution, everybody."
Clancy admitted to murdering her three young children – 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan – in their Duxbury, Massachusetts, home on Jan. 24, 2023. However, her attorneys argued she was not criminally responsible because she was overmedicated and was allegedly suffering from postpartum psychosis.
Prosecutors countered that the mother meticulously planned to strangle her children and knew what she was doing.
11 Angry Men and Women
Jurors could not come to an agreement on Clancy's guilt or innocence.
As Radar reported, Judge William Sullivan told the court he had "no choice" but to declare a mistrial on September 4, after one juror reportedly refused to budge while the other 11 seemed to have reached a "not guilty by reason of insanity" conclusion.
Reddington had asked Sullivan to replace the juror, but the judge refused and declared the mistrial, essentially resetting the case back to square one. Clancy's attorney told CBS he didn't blame the juror for sticking to his opinion, but felt the unnamed man would not listen to the judge's instructions.
"I would defend that person's right to be a holdout for a month. That's what the system is about," Reddington said. "But when the forelady indicated clearly and unequivocally in the jury question that this person had doubt, reasonable doubt, as we know now, and just refused to listen to the judge's instruction on the law, that's when I was upset, because that's why I used the expressions and the terms I did. It just wasn't right."
Kevin Reddington's 'Long-Shot' Motion
Reddington argues the standard of 'double jeopardy' should negate another lengthy trial.
However, Reddington's "double jeopardy" request might be a long-shot, according to CBS News legal contributor Caroline Polisi.
"He's going to make a motion to bar a retrial. Typically when you have a mistrial, double jeopardy doesn't apply, which means the prosecution can come right back and charge on the same charges," Polisi said. "He's making a motion based on double jeopardy, based on this one juror who, apparently, had reasonable doubt but refused to apply his conscience to the law, and was a holdout."
"So what he's arguing is that it was not a manifest necessity for the judge to call a mistrial and, essentially, the judge should have inquired further as to whether or not this juror could maintain his oath," Polisi continued. "That's a huge deal. If he wins that motion, she would go free."
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Lindsay Clancy's Lasting Legacy of Mental Health Education
Prosecutors have not yet revealed if they plan to retry Clancy.
Plymouth County District Attorney Tim Cruz has not said if he plans to ask for a retrial. Clancy is due back in court on Sept. 29 for a status hearing.
Reddington obviously would like to avoid a retrial and see his client go free. But the lawyer says regardless of what happens next, he hopes the trial at least makes people more aware of postpartum psychosis and the lack of psychiatric treatment.
"It's so easy for people to say, 'Oh, come on, you don't hear voices. You're making that up. You're lying. You're evil,'" he said. "Because it's easier to punish someone."
"It would be so easy for a lot of people if we could just put Lindsay in jail and say this is terrible, she's evil and guilty," Reddington continued. "No one is discounting the horrific loss of those kids, let alone Lindsay Clancy, who is well aware and lives with that every day."
