Lindsay Clancy’s lawyer calls for mistrial after witness makes ‘inappropriate’ comments during testimony
Lindsay Clancy’s defence lawyer called for a mistrial over a witness’s ‘inappropriate’ comments.
Thirty-five-year-old Clancy is currently on trial for the January 2023 killings of her three children - Cora, five, Dawson, three, and eight-month-old Callan.
Clancy’s legal team does not dispute that she killed the children but has argued that she was not legally responsible as she was suffering from postpartum psychosis and severe mental illness as well as being ‘overmedicated’.
The prosecution has said the killings were deliberate and arguing that she sent her husband Patrick on errands beforehand.
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After four weeks of, often harrowing, testimony the trial is now wrapping up with closing argument expected this week.
However, on Monday (2 August), Clancy’s defence lawyer Kevin Reddington called for a mistrial following evidence from forensic psychologist Dr. Kirk Heilbrun, in which he brought up Clancy’s Catholic faith.
The forensic psychologist was the second witness to be called and he spoke about a conversation he had with Clancy back in April.
He told the court: "That was part of her expectation was that she and her children would be together in heaven with God. She was raised as a Catholic. As I understand Catholic considerations, that's not necessarily what happens. But when I asked her about that, when I said, 'Isn't suicide a mortal sin?'"
At this point, Reddington objected and a sidebar was called and judge William Sullivan then sent the jurors out of the court for a short recess.
After the recess was over, the defence team called for a mistrial with Redding telling the judge: "This is just over the top. It's the same thing again, talking about religion, talking about heaven, talking about killing people and the impact it would have on Lindsay as well as her children.”
The prosecutor said she believed the comment was unintentional and noted that she didn’t ask about religion specifically.
The judge denied the motion for mistrial but had strong words for the jury
Sullivan ultimately sided with the prosecution and denied the mistrial request, but said he would tell jurors it was 'an inappropriate area of inquiry, and that this witness' understanding of Catholic dogma or Catholic teaching is irrelevant' and to disregard the comments.
When the jury returned, he said: "The religion that the defendant was raised with is absolutely an inappropriate area of testimony.
"It is to be stricken. It is not to be considered. I can't be any more clear of that. It cannot be considered."
The jury was then dismissed for the day and is set to resume on Tuesday (25 August at 9am.
This isn’t the first time comments about religion have been objected to during the trial.
Last week, judge Sullivan stepped in after Patrick’s mum Susan was asked about her beliefs.
Plymouth County Assistant District Attorney Jennifer Sprague cross-examined Susan, and appeared to attempt to link Christian doctrine to Lindsay's crimes whilst in the courtroom, leading to an immediate interruption by the judge.
“Are you an active member in the Catholic Church?” Sprague can be heard asking in the court's footage.
She then followed up with: “So you’re aware that murder is considered a mortal sin?”
Susan didn't answer the question, and Sullivan immediately called a sidebar and then struck the remark from the record.
"I'm going to tell them that's an inappropriate area of inquiry, and that this witness' understanding of Catholic dogma or Catholic teaching is irrelevant,
Timeline of Lindsay Clancy case
May 2022
Lindsay gives birth to her third child, Callan.
She’s open about her postpartum struggles with her other two kids on social media. Six weeks after Callan’s birth, she posts that she’s feeling ‘dialed in’ while focusing on exercise, nutrition, and mindset, and ‘it has made all the difference’.
September 2022
As the end of her maternity leave nears, Lindsay, who works as a labour and delivery nurse at Massachusetts General Hospital, starts to experience anxiety about returning to work.
She visits two different psychiatrists and receives a diagnosis of generalised anxiety disorder.
Lindsay is prescribed several different psychiatric medications.
October 2022
According to court docs, she writes in a note on her phone: “I think I sort of resent my other children because they prevent me from treating Cal like my first baby. And I know that’s not fair to them. I know that. I was feeling so depressed last evening when Cora and Dawson came home from school, I know it runs off on them, so we had a pretty rough evening, I want to feel love and connection with all my kids.”
December 2022
Lindsay undergoes an evaluation at the Women and Infants Hospital Centre for Women’s Behavioural Health. She is not diagnosed with postpartum depression, prosecutors say.
Lindsay’s husband Patrick tells police she is having suicidal thoughts and thoughts of harming their children, according to his testimony in court.
1-5 January, 2023
Lindsay admits herself to McLean Hospital for psychiatric treatment. She is discharged after five days as clinicians do not believe she poses an imminent danger to herself or others, prosecutors say.
22 January, 2023
Lindsay, Patrick, Cora and Dawson have dinner at family friend Kyle Carney’s home. Kyle later tells police that Lindsay ‘seemed fairly normal’.
23 January, 2023
According to prosecutors, Lindsay pens a note on her phone which says she has ‘a touch of postpartum anxiety’ about going back to work.
24 January, 2023
Prosecutors allege the following took place this day:
Morning: Lindsay takes Cora to a scheduled paediatrician appointment. After returning home, they play in the snow with Dawson. She sends photos of the kids to Patrick and her mom.
4:02pm: Lindsay searches for ‘kids Miralax’ (a laxative) on her phone, and 11 minutes later looks up ‘take out 3v’, referring to restaurant ThreeV in Plymouth. She uses Apple Maps to calculate how long it would take to drive from the family’s home to ThreeV.
4:47pm: Lindsay rings a CVS in Kingston to ask if they have any Miralax in stock. A manager tells her they don’t, but they do have similar medications.
The manager later tells authorities that she did not slur her words or sound impaired during the call.
4:35pm: Lindsay texts Patrick, who is working from home: “Any chance you want to do takeout from 3V … I didn’t cook anything … It’s been a long day.”
Patrick says yes, and Lindsay asks him to ‘check the menu when you can’.
5:10pm: Lindsay calls ThreeV to place the order.
5:15pm: Lindsay allegedly texts Patrick: “Pedialax liquid stool softener.” He then leaves to pick up the medication.
5:33pm: When Patrick arrives at CVS, he rings Lindsay, but she doesn’t pick up. She rings back one minute later and confirms the medication.
5:54pm: Patrick gets to ThreeV, pays for the food and leaves.
6:09pm: Patrick returns home. “The first thing he noticed was the silence,” prosecutors say. “He did not see or hear the defendant or the children.”
Patrick calls for his wife but gets no response. He discovers their second-floor bedroom is locked. Patrick eventually manages to get in the room but sees blood on the floor and an open window. He runs outside and finds Lindsay lying on the ground, according to prosecutors.
6:11pm: Prosecutors say that Patrick rings 911 and Lindsay is saying: “I tried to kill myself and jumped out the window.”
He is then said to ask Lindsay: “Where are the kids?” She responds: “In the basement.”
While on the call, Patrick goes down to the basement and is heard ‘screaming in agony’,
Cora and Callan are discovered on the floor of the den. Dawson is found in his dad’s home office.
When officers arrive at the scene, Patrick alleges: “She killed the kids.”
Lindsay is taken to hospital, where she is treated for injuries that leave her paralysed below the waist. The three children are also rushed to hospital.
7:28pm: Cora and Dawson are pronounced dead. Callan is medically flown to another children’s hospital.
25 January, 2023
Police issue Lindsay an arrest warrant, charging her with two counts of murder, three counts of strangulation or suffocation, and three counts of assault and battery with a dangerous weapon.
27 January, 2023
Callan is pronounced dead at 11.18am.
According to Assistant District Attorney Jennifer Sprague, Lindsay later wakes up and uses a whiteboard to ask: “Do I need an attorney?”
6 February, 2023
While in the presence of a psychologist hired by her lawyer, Lindsay calls Patrick and tells him she had a ‘moment of psychosis’ and heard ‘a man’s voice telling her to kill the kids and kill herself’ after he left on January 24.
7 February, 2023
On the day of her arraignment, Lindsay’s attorney says that she’s still suicidal. She pleads not guilty to three counts of murder.
October 2024
Patrick asks the public to forgive Lindsay, telling The New Yorker: “I wasn’t married to a monster - I was married to someone who got sick.”
January 2026
Lindsay and Patrick file a civil lawsuit, accusing medical providers of not properly diagnosing, treating and monitoring her for a ‘severe postpartum psychiatric condition’.
9 July, 2026
The Plymouth County District Attorney's Office says the three counts of strangulation would be subsumed into the murder charges.
27 July, 2026
Lindsay’s murder trial begins.
Claire Reid