Lindsay Clancy’s defense team asked a Massachusetts judge Tuesday to dismiss the case accusing her of killing her three children, following a mistrial declared after a deadlocked jury on Sept. 4.
Defense attorney Kevin Reddington argued that prosecutors had not presented sufficient evidence connecting Clancy to the children’s deaths, telling Judge William Sullivan that the case was based on speculation, according to the Washington Examiner. In the earlier trial, the defense had argued that Clancy was not criminally responsible because she was suffering from postpartum psychosis, while prosecutors said the killings were intentional, the BBC reported.
Sullivan said the dismissal request and other motions will be considered at a hearing on Nov. 2, the BBC reported. It remains unclear whether prosecutors will seek a retrial. Fox News reported that the judge was also expected to hear arguments on a double-jeopardy motion.