During the first trial, which concluded on September 4 with a deadlocked jury split 11-1 in her favour, defence attorney Kevin Reddington did not dispute that Clancy killed the children at the family home in 2023. Instead, he argued that the 36-year-old former labor and delivery nurse was not criminally responsible due to a rare condition called postpartum psychosis.
But on Tuesday, before the same judge, William Sullivan, Reddington sought to have his client acquitted. "This entire case is based on speculation," he said, according to the Associated Press. He pointed to matters including Clancy's condition when she was found badly injured and bleeding in the yard outside her home, and her lack of memory of what happened when she woke up in hospital.
At the first trial, Clancy's now ex-husband and first responders testified that she tried to kill herself immediately after killing the children. Reddington now contends there is not enough evidence "that this woman killed those children."
Judge Sullivan has yet to rule on the motion to acquit. The hearing comes after the mistrial provoked widespread discussion about postpartum psychosis and the criminal justice system's handling of mental illness.