Judge Weighs Acquittal Or Retrial As Clancy Lawyer Now Disputes Killing Evidence
Lindsay Clancy returned to Plymouth Superior Court on Tuesday, September 29, 2026, for a hearing where a judge will decide whether she should be acquitted or retried on charges she killed her three children.[1]
Defense attorney Kevin Reddington told Judge William Sullivan prosecutors failed to prove Clancy committed the killings and he asked for a required finding of not guilty, arguing there was "no evidence." CBS Prosecutor Shanan Buckingham called the claim "laughable" and said the trial record is "voluminous," pointing to evidence including the state's theory that Clancy planned the deaths by sending her husband out.[2]
A jury deadlocked 11-1 in favor of acquittal and a mistrial was declared on September 4, 2026.[1] Defense lawyers have asked Judge Sullivan to dismiss the case and to investigate the lone holdout juror's truthfulness on pretrial questionnaires and alleged cellphone use during deliberations.[1] That request clashes with Reddington's earlier courtroom positions in which he repeatedly acknowledged Clancy killed her children, including an April offer to stipulate she admitted the killings and June remarks that she "takes responsibility." CBS
The move represents a sharp narrative pivot: at trial the defense framed its case on lack of criminal responsibility and mental illness, but on September 29 Reddington argued prosecutors had not proved the acts themselves.[2] The lone holdout juror, Michael Desronvil, has said he had no doubts about his verdict and has spoken publicly.[2]
Plymouth District Attorney Tim Cruz said prosecutors are conducting a "very thorough review" and have not yet decided whether to retry Clancy, pursue lesser charges, or drop the case.[3] Clancy remains charged with murder, is paralyzed from the waist down, is expected to remain in a psychiatric hospital, and the next hearing is set for November 2, 2026.[3]
Show source details & analysis (6 sources)
📌 Key Facts
- On Tuesday, September 29, 2026, Lindsay Clancy returned to Plymouth Superior Court for a hearing that could determine whether she will face a second trial in the killings of her three children.
- The September 29 appearance was Clancy’s first courthouse visit since a jury deadlocked 11-1 in favor of acquittal and a mistrial was declared on September 4, 2026.
- Defense attorneys have filed motions asking Judge William Sullivan to dismiss the case or to investigate the lone holdout juror, arguing he should have been removed for refusing to follow the reasonable-doubt standard and asking the court to probe his truthfulness on pretrial questionnaires and alleged cellphone use during deliberations.
- At the September 29 hearing, defense lawyer Kevin Reddington argued there was “no evidence” that Clancy killed her three children and pressed a renewed motion for a required finding of not guilty, challenging both the acts themselves and the prosecution’s proof of criminal responsibility.
- Reddington’s new courtroom argument sharply departs from prior proceedings in which he repeatedly acknowledged Clancy killed the children — including offering in an April 2026 motion to stipulate she admitted the killings and saying in June that she “takes responsibility.”
- Prosecutor Shanan Buckingham rejected the defense’s no-evidence claim as “laughable,” saying the trial record is “voluminous” and citing the state’s theory that Clancy planned the killings by sending her husband out to get medicine and dinner.
- Plymouth District Attorney Tim Cruz said prosecutors are conducting a “very thorough review” and have not yet decided whether to retry Clancy, pursue lesser charges such as second-degree murder or manslaughter, or drop the case.
- Clancy remains charged with murder, is paralyzed from the waist down, is expected to remain in a psychiatric hospital until the case is resolved, and the next court date in the matter is scheduled for November 2, 2026.
📰 Source Timeline (6)
Follow how coverage of this story developed over time
September 30, 2026
2:29 AM
Attorney says there's "no evidence" Lindsay Clancy admitted killing her kids
New information:
- On Tuesday, September 29, 2026, defense attorney Kevin Reddington argued in open court that there was "no evidence" Lindsay Clancy killed her children and pressed a renewed motion for a required finding of not guilty.
- Reddington specifically told the judge, "Where is the evidence that she did this?" and emphasized, "There's no evidence that she admitted she did this," challenging prosecutors' proof on both actus reus and criminal responsibility.
- The article details that in prior proceedings Reddington repeatedly acknowledged Clancy killed the children, including offering in an April 2026 motion to stipulate in writing that she admitted the killings, and telling the court in June that she "takes responsibility" and "owns it."
- WBZ-TV legal analyst Jennifer Roman characterized the defense's new stance as "really bizarre" and an unusual, complete change in strategy on the core question of whether Clancy killed the children.
- Plymouth District Attorney Tim Cruz said outside court on September 29, 2026, that prosecutors are conducting a "very thorough review" and will decide whether to retry the case based on "the interest of justice and the interest of the three children."
- The next hearing in the Clancy case was scheduled in court for November 2, 2026.
September 29, 2026
11:31 PM
Lindsay Clancy's attorney argues for the first time that there's no evidence she killed her kids
New information:
- On Tuesday, September 29, 2026, Lindsay Clancy returned to court for her first appearance since a mistrial was declared earlier in the month.
- During that September 29 hearing, her attorney argued for the first time in open court that there is no evidence Clancy killed her three children, a position he had not disputed at her first trial.
- The CBS segment frames the day’s development around that newly asserted no-evidence claim, contrasting it with the earlier defense stance.
9:40 PM
Attorney says there's "no evidence" Lindsay Clancy admitted killing her kids
New information:
- On Tuesday, September 29, 2026, during Clancy's first hearing since the early-September mistrial, defense lawyer Kevin Reddington argued there was 'no evidence' she killed her children.
- Reddington used the September 29 hearing to press a renewed motion for a required finding of not guilty, asserting the trial evidence was legally insufficient for a rational jury to convict beyond a reasonable doubt.
- He told the judge there was 'no evidence' Clancy admitted to killing the children and questioned prosecution evidence including her body temperature and testimony from ex-husband Patrick Clancy.
- The article documents that Reddington's new position conflicts with his earlier statements: in a June pretrial hearing he said she 'takes responsibility,' in his July opening he said she 'knows what happened,' and in an April 2026 motion he offered to stipulate in writing that she admits killing the children to support a bifurcated trial.
- Reddington explained in court that he is effectively making his argument in two parts — first that prosecutors failed to prove she committed the killings, and second that they failed to prove criminal responsibility — and said admitting culpability to raise insanity puts the defense in a 'conundrum.'
- Prosecutor Shanan Buckingham responded that 'for the first time' the defense is now arguing there is no evidence Clancy committed the acts and said the trial record is 'voluminous' in supporting that she did.
- Outside court that day, Reddington told WBZ-TV his argument was not new and claimed prosecutors 'cannot prove a probable cause,' while prosecutors still have not explicitly said whether they will retry Clancy.
6:00 PM
Lindsay Clancy's lawyer now questions whether she killed her 3 children
New information:
- On Tuesday, September 29, 2026, defense attorney Kevin Reddington argued in court that there was not enough evidence to prove Lindsay Clancy killed her three children and asked Judge William Sullivan to acquit her.
- Reddington, who had conceded at trial that Clancy killed the children but argued lack of criminal responsibility, now contends there is insufficient evidence she committed the killings and noted she has no memory of the events.
- Prosecutor Shanan Buckingham rejected that claim as “laughable” and pointed back to trial evidence, including the state’s theory that Clancy planned the killings by sending her husband out to get medicine and dinner.
- Plymouth County District Attorney Timothy Cruz said after the September 29 hearing that prosecutors have not yet decided whether to retry Clancy, pursue lesser charges such as second-degree murder or manslaughter, or drop the case.
- The defense has separately moved to dismiss the criminal case, arguing that Judge Sullivan should have removed the lone juror favoring conviction after the foreperson reported he refused to follow the reasonable-doubt standard.
- The holdout juror, identified as Michael Desronvil, stated through his lawyer that he had no doubts about his position and said in a brief Fox News “Hannity” video that public focus has been wrongly centered on him.
1:21 PM
WATCH LIVE: Lindsay Clancy returns to court for hearing to help determine whether she will be retried
New information:
- On Tuesday, September 29, 2026, Lindsay Clancy is scheduled to return to Plymouth Superior Court for a hearing that could help determine whether she will face a second trial in the killings of her three children.
- The September 29 hearing will be Clancy's first time back at the courthouse since the jury deadlocked 11-1 in favor of acquittal and a mistrial was declared on September 4, 2026.
- Defense attorneys have filed motions asking the judge to dismiss the criminal case instead of ordering a new trial, arguing among other things that the lone juror who favored conviction should have been removed for allegedly refusing to follow the law on reasonable doubt.
- The defense has also asked the judge to investigate the holdout juror's truthfulness on pretrial questionnaires and later questioning, and to examine whether he violated court rules by using a cellphone during jury deliberations.
- Prosecutors at this stage retain options to retry Clancy on first-degree murder, pursue lesser charges such as second-degree murder or manslaughter, or drop the case; Tuesday's hearing could clarify their path.
- The article reiterates that Clancy remains charged with murder, is paralyzed from the waist down, and is expected to remain in a psychiatric hospital until the case is resolved.