Exclusive | Lindsay Clancy's fight over mistrial is not done yet -- but may not end the way she wants, lawyer predicts New York Post Lindsay Clancy's fate unresolved as mistrial leaves her case in the court of public opi...
Killer mom Lindsay Clancy's lawyer is asking for a Hail Mary million-to-one ruling to protect his client after the sensational mistrial in her triple-murder case, experts told The Post.
Defense lawyer Kevin Reddington said Friday that he will ask Massachusetts Judge William Sullivan to set aside the hung-jury outcome that capped Clancy's high-stakes six-week trial and rule from the bench that she is not criminally responsible for fatally strangling her three young kids.
If granted, the move would protect her from a possible second trial and potential conviction.
But Boston lawyer, Peter Elikann, who is not connected to the case, said it would be "rare to the extreme" for this particular type of motion to succeed.
"Kevin Reddington has to be commended for leaving virtually no stone unturned," Elikann said. "It's commendable that he's bringing this motion forward.
"The granting of [such] a 25(b)(2) motion is rare in the extreme."
Reddington is expected to argue for the motion at Clancy's next hearing Sept. 29.
The legal move can only prevail if Reddington can prove that the jury screwed up so badly that a judge has no choice but to set the deadlock result aside, Elikann explained.
"It would be used if it was genuinely believed that the jury got it totally wrong and that their decision was not based on sufficient evidence whatsoever," the veteran Boston criminal-defense lawyer said.
"However, most judges go through their entire career without even granting one of those once," Elikann said.
Elikann said he only remembered one such motion winning in the Bay State, when a judge in 1997 reduced the conviction of British au pair Louise Woodward from second-degree murder to manslaughter in the death of 8-month-old Matthew Eappen.
"We don't undo what juries did. We really respect juries," Elikann explained of the judicial system.
"It would have to be something that the jury got totally, totally wrong, and I don't think anybody is accusing the jury of that here."
The 12-person Clancy panel - made up of nine women and three men - deliberated for more than 38 hours over the course of seven days.
The jury sent out a total of three notes informing Sullivan they were deadlocked - on Tuesday, Wednesday and Friday.
Reporting synthesized and verified under Nexvoro.tech editorial guidelines. Full primary records referenced via Google News US Nation & Law.
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