Why Lindsay Clancy's Defense Is Pushing for Acquittal Before Retrial

Defense attorney Kevin Reddington filed a Rule 25(b)(2) motion on September 10, 2026, requesting that Judge William Sullivan enter a finding of Not Guilty by Reason of Lack of Criminal Responsibility on all charges against Lindsay Clancy. The motion is scheduled for hearing on September 29 at Plymouth County Superior Court — the same date as the status conference at which the Plymouth County District Attorney's office is expected to indicate whether it intends to seek a retrial.

Defense attorney Bob Motta analyzes the legal basis of Reddington's filing. The motion argues that 11 of 12 jurors applied the reasonable doubt standard and concluded the prosecution did not prove criminal responsibility. Reddington concedes that a hung jury does not ordinarily terminate jeopardy but contends the holdout juror's reported admission of reasonable doubt, combined with his alleged refusal to follow the court's instructions, creates an argument that the mistrial was not a manifest necessity — potentially triggering double jeopardy protections.

Motta examines the prosecution's position heading into the hearing. The Commonwealth's trial theory argued both that Clancy staged her suicide attempt and that she killed her children because she wanted to die. With eleven jurors reportedly rejecting that theory, the state faces a significant strategic question about whether to retry on the same basis.

Reddington has publicly indicated willingness to negotiate a plea but stated he will not accept any agreement involving incarceration. The Plymouth County DA's office has a documented history of rarely entering plea agreements. Motta discusses the range of potential outcomes, including reduced charges, a bench trial on second-degree murder, and the practical obstacles to reaching a resolution when both sides have publicly staked out positions.

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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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