A retired Massachusetts Superior Court judge stated that a verdict of not guilty by reason of insanity would not guarantee an easy release for Lindsay Clancy. Judge Jack Lu indicated that 'prosecution doctors' would determine her release and are likely to favor keeping her institutionalized.
Clancy, 36, faces three counts of first-degree murder in the deaths of her children—Cora, Dawson, and Callan—who were found strangled at their home in January 2023.
Judge Lu explained that even if Clancy is found not guilty by reason of insanity, she would likely spend a considerable amount of time in a mental institution. He noted that a group of mental health officials would periodically review her commitment, but these officials often align with prosecutors and typically testify in their favor.
Lu stated, 'They're viewed as an arm of the prosecution. I'm going to be very frank, they kind of view this through the lens of if in doubt, lock them up...The people making release decisions have a prosecutorial mindset.'
He suggested that if Clancy is committed to a mental hospital, she could face prolonged commitment. 'If you are committed on a mental health basis because of a major criminal case in Massachusetts, it is hard to get out... It is very difficult,' he said.
Lu mentioned that Clancy could be released from a mental institution if found not guilty by reason of insanity through court proceedings. He explained, 'The other way she could get out is if the government kept moving to commit her and the doctors did not really decide that she should be released, and then it goes to court and then a judge would decide whether she is a danger to herself or others.' He added that this could lead to a contested hearing, and if she were to win that hearing, it would provide another avenue for her release.
Clancy's case has drawn comparisons to Constance Fisher, a Maine woman who drowned her three children in 1954. Fisher was committed to a mental hospital and later returned home after several years. She was accused of drowning three more children in 1967 and was sent back to the mental hospital before escaping and being found dead in the Kennebec River.
The jury in Clancy's case, consisting of nine women and three men, led by a female foreperson, concluded a third day of deliberations on Monday without reaching a verdict. The jurors requested to be dismissed for the day and will return on Tuesday morning to continue deliberations.