Why Lindsay Clancy Never Walks Out Of That Courtroom

The Lindsay Clancy verdict has two possible outcomes, and neither one of them ends with her going home. Most people following this trial do not realize that.

A finding of lack of criminal responsibility in Massachusetts leads toward commitment in a state psychiatric hospital, with reviews to determine whether release is ever appropriate. A first-degree murder conviction carries mandatory life without parole, with no discretion left to the judge at all. One path is a locked hospital, the other is a locked prison, and the jury is choosing between them based on what it concludes about a mind.

Criminal defense trial attorney Bob Motta joins Tony Brueski for the argument underneath all of it. Why the Commonwealth is prosecuting this case with the intensity it is when the alternative already ends in confinement. What society gets out of putting a permanently disabled woman into a prison system that will spend the rest of her life managing her medical needs. Whether the rulings coming out of Plymouth Superior Court have been even-handed, given that the sentence itself allows for nothing.

There is a second courtroom in this story that nobody talks about. Both Lindsay and Patrick Clancy have sued the medical providers who treated her. If those civil claims succeed on the theory that the treatment triggered the break, the people who prescribed will pay money and continue practicing. She will be the only human being who ever stood in front of a jury over these deaths.

And the question that keeps getting pushed to the back of every conversation — what does justice for Cora, Dawson, and Callan actually look like when every argument in the building is about their mother?

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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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