Lindsay Clancy's attorney asks judge to acquit her outright, ending case and barring a retrial

Reporter's note: If you were a member of the jury who would like to speak out, please contact me at [email protected].

Lindsay Clancy's attorney is asking a judge to acquit her after a mistrial was declared on Friday, arguing the trial evidence was legally insufficient to prove she was criminally responsible for killing her children.

Clancy, 36, faced three counts of first-degree murder in connection with the deaths of her children — Cora, Dawson and Callan, all under the age 6 — who were discovered strangled at the family's home in January 2023. Judge William Sullivan declared a mistrial Friday after jurors could not agree on a unanimous verdict, with the panel reportedly split 11-1.

The motion, made by Kevin Reddington on Thursday, asked Sullivan to enter a finding of not guilty by reason of lack of criminal responsibility on each indictment. He wants the motion to be heard at a hearing on Sept. 29.

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Nick Dargie, 25, told ABC News that the lone holdout juror at one point attempted to mimic the way Clancy killed her three kids with an exercise band and water bottle.

"He took the exercise band out of the bag, grabbed an empty water bottle and tied the band around the water bottle and pulled it," Dargie said. "I was just so shocked that he did that."

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"I was shocked, it didn‘t make any sense to me. Like, we‘re not in here to play detective or it‘s not a game of Clue. like, this is serious. I asked him why," he added.

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Dargie said the holdout juror refused to explain how witness testimony helped prove his stance.

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"There was several times I would ask him to show us evidence or, you know, describe a witness testimony that helped to prove what he was saying, and ... he couldn't," Dargie said. "There wasn't a single piece of evidence or witness testimony that he used to prove why he was thinking the way he was, which is why we ultimately sent in that note."

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He was referring to the note sent by the jury foreperson, who reported that one juror was refusing to follow the court's instructions on reasonable doubt.

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After several jurors came forward about what went on in the deliberation room, Clancy's defense attorney, Kevin Reddington, told "CBS Mornings" Wednesday that he would be filing a new motion to dismiss based on double jeopardy.

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"I would defend that person's right to be a holdout for a month," Reddington said. "That's what the system is based on, 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."

While Plymouth County District Attorney Timmothy Cruz hasn't indicated what he will do with Lindsay Clancy's case after the mistrial, Sullivan set a status hearing for Sept. 29.

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