Judge rules Lindsay Clancy’s trial will not be split into two proceedings

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Lindsay Clancy is now only months away from her upcoming murder trial. Confined to a wheelchair, the Duxbury woman made her first court appearance in February.

Lindsay Clancy is facing three counts of murder for the strangulation deaths of her three young children on January 24, 2023.

Clancy’s attorney claims she is not criminally responsible, and he asked for a two-phase trial: one to determine guilt, the other to determine the sentence.

But last Tuesday, Plymouth Superior Court Judge William Sullivan denied the request, saying it can all be handled in one trial.

Boston attorney Elyse Hershon told Boston 25 she does not believe the ruling is a setback for the defense.

“This is a very sad case on all ends, obviously three children are dead. And Lindsay Clancy is suffering immensely from mental health,” Hershon said. “Will that be enough to defend against in this case? That’s the question.”

Hershon explains that the ruling does not impact the focus of the trial.

“This is not an alibi defense. This is not a ‘my client didn’t do this defense.’ This case has always been ‘what was her mental state at the time. Was she able to understand the wrongfulness of her actions?’” Hershon said.

The Clancy jury will have to consider disturbing facts about the murders as well as Clancy’s documented treatment for post-partum psychosis before the murders.

Attorney Hershon said, no matter what verdict the jury reaches, Lindsay Clancy will not immediately get her freedom back.

“A win of Not Guilty by Lack of Criminal Responsibility will not result in her release. Certainly not now. It’s certainly unlikely in the foreseeable future. It will result in her being committed to a mental institution where they can focus on managing her medication, her mental state,” Hershon said.

In the end, the judge found that presenting the evidence to the Clancy jury in a single trial will be the most efficient, less confusing path forward.

The Lindsay Clancy murder trial is set to begin on July 20th.

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