Lindsay Clancy's Lawyer Made THIS Post-Mistrial Move

The Lindsay Clancy mistrial ended with an 11-1 jury split, but Kevin Reddington immediately moved the fight out of the jury room and back in front of Judge William Sullivan. His renewed Rule 25 motion argued that the Commonwealth's evidence was legally insufficient to convict Clancy, including an argument that prosecutors had not adequately proved she committed the killings. 

That language created a second story online. People who had watched the defense spend weeks arguing postpartum psychosis assumed Reddington had suddenly changed theories or was opening the door to accusations against Patrick Clancy. The filing did neither. A Rule 25 motion tests the legal sufficiency of the prosecution's case. It does not require the defense to present an alternate suspect before arguing that the Commonwealth failed to meet its burden. 

Reddington also attacked the proof of criminal responsibility, arguing that the prosecution had not overcome evidence that Clancy was severely mentally ill at the time. Prosecutors countered that jurors had heard competing expert testimony and enough physical and circumstantial evidence to decide both questions for themselves. 
On October 1, Sullivan denied the motion. His ruling said the evidence, viewed under the legal standard required for Rule 25, was sufficient to permit a rational factfinder to convict. That means the defense did not end the case through this motion. 

The next fight is different. Clancy's lawyers are challenging the circumstances of the mistrial, focusing on the lone holdout juror and arguing that a retrial could raise double-jeopardy problems. Rule 25 was one route to stop another trial. That route is now closed at the trial-court level. 

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This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice. 

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