Massachusetts Judge William Sullivan has denied Lindsay Clancy’s motion for a required finding of not guilty.
Sullivan had denied a similar motion when her mistrial was declared on Sept. 4, and denied a renewed attempt Thursday after defense attorney Kevin Reddington argued earlier this week that Plymouth County prosecutors had failed to introduce enough evidence at trial to prove his client guilty beyond a reasonable doubt.
“There was evidence introduced, both physical and circumstantial, that would permit a rational trier of fact to find beyond a reasonable doubt the elements of the charge of murder,” Sullivan wrote.
LINDSAY CLANCY LAWYER RAISES EXPLOSIVE DOUBT OVER WHO KILLED HER CHILDREN
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He also disagreed with Reddington’s argument that the state had failed to prove Clancy could have been criminally responsible for the murders.
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“Mental illness alone does not preclude a finding of criminal responsibility beyond a reasonable doubt,” Sullivan wrote.
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Read the judge’s order:
LINDSAY CLANCY’S ATTORNEY ASKS JUDGE TO ACQUIT HER OUTRIGHT, ENDING CASE AND BARRING A RETRIAL
“The Commonwealth’s theory of criminal responsibility was that when the defendant committed the crime, she did not lack substantial capacity to appreciate the criminality or wrongfulness of her conduct and did not lack the substantial capacity to conform her conduct to the requirements of the law,” he continued. “In support of this position, the Commonwealth introduced evidence regarding the nature and methods of the killings and the defendant’s actions and demeanor at times surrounding the killings.”
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Clancy is due back in court on Nov. 2 for a hearing on her pending double jeopardy motion and Reddington’s request for an inquiry into the lone holdout juror who wanted to find her guilty.
This is a breaking news story.