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Lindsay Clancy's attorney Kevin Reddington told Judge William Sullivan at the September 29 hearing that the prosecution's case is built on nothing — no confession, deficient DNA, and an investigation he called "horrific" and "ridiculous" before correcting himself: there was no investigation.
This is the same attorney who spent two months at trial conceding Lindsay killed her three children. The insanity defense required him to concede the acts so he could argue she wasn't responsible. His client stipulated to the physical evidence. His experts testified she was in the grip of postpartum psychosis.
Reddington filed a Rule 25(b)(2) motion — asking the judge to enter a finding of not guilty based on insufficient evidence. If granted, the case ends with an acquittal. No retrial. Prosecutor Shanan Buckingham called the argument "laughable" and reminded the judge that Lindsay confirmed the stipulations herself.
Appellate attorney Martin Weinberg filed a 34-page double jeopardy motion on top of that. His argument: the judge should have investigated holdout juror Michael Desronvil before declaring the mistrial. Fellow jurors accused Desronvil of scrolling his phone during deliberations and using resistance bands to act out one of the killings.
Two sealed jury notes from deliberations are at the center of the double jeopardy fight. The defense wants them unsealed. Prosecutors argued releasing them would chill every future juror's willingness to communicate with a judge.
The prosecution filed a gag order motion to prevent public statements that could contaminate a retrial jury pool. DA Tim Cruz wouldn't confirm his office is retrying the case. Sullivan pushed everything to November 2 and told both sides to come with a trial date. Neither would give him one.
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