Lindsay Clancy's lawyer now questions whether there is proof she killed her 3 children

PLYMOUTH, Mass. (AP) — Lindsay Clancy's lawyer argued Tuesday that there wasn’t enough evidence to prove she killed her three children, a striking turn after a lengthy trial that focused more on her mental state than on whether she took their lives.

“This entire case is based on speculation,” attorney Kevin Reddington said during the first hearing since Clancy's trial ended Sept. 4 with a deadlocked jury. They were split 11 to 1 in her favor.

During that trial, Reddington didn't dispute that Clancy killed the children at the family's home in 2023. Instead, the defense sought to persuade the jury that the 36-year-old former labor and delivery nurse was not criminally responsible because of mental disease, a rare condition called postpartum psychosis.

EDITOR’S NOTE: This story includes discussion of suicide. If you or someone you know needs help, the national suicide and crisis lifeline in the U.S. is available by calling or texting 988.

But at Tuesday's hearing, Reddington changed strategies and sought to persuade Judge William Sullivan — the same judge who presided over the first trial — to acquit Clancy.

There is, Reddington contended, not enough evidence “that this woman killed those children.” He pointed to matters ranging from her condition when she was found badly injured and bleeding in the yard outside her home, to her lack of memory of what happened when she woke up in a hospital. At the first trial, her now ex-husband and first responders testified that they arrived at the house and discovered she had tried to take her own life right after killing the children.

“Where is the admission? Where does she say that she did this?” Reddington said, going on to recap his arguments that she also was psychotic and delusional at the time of the children's deaths. He didn’t offer alternative theories or evidence about who might be responsible.

Prosecutor Shanan Buckingham called his argument “laughable,” pointing to witness testimony that Clancy said she heard voices instructing her to kill her children. Clancy was the only one home at the time with the children and her DNA was found on exercise bands used to strangle them, she added.

“For the first time, the defendant is arguing that there is no evidence she did this,” Buckingham said. “I'd suggest to you the entire record is voluminous as to information supporting the fact that she did this.”

During trial Paul Zeizel, a clinical and forensic psychologist and defense witness, testified that he overheard her saying a disembodied male voice told her she had no choice but to kill the children and then herself.

Before trial Reddington filed a motion in which he said Clancy would be willing to stipulate in writing “to her involvement in the underlying conduct resulting in the death of the three young children.”

The judge didn’t immediately rule on the motion, and no trial date was set.

The prosecution maintains that Clancy knew her actions were wrong when she used exercise bands to strangle 5-year-old Cora, 3-year-old Dawson and 8-month-old Callan Clancy. They said she contrived to get her husband out of the house that evening by sending him to pick up medicine for one of their children and dinner for the family.

Prosecutors have yet to decide whether to retry Clancy, Plymouth County District Attorney Timothy Cruz said after the hearing. They could choose to retry her on first-degree murder charges or pursue lesser charges, including second-degree murder or manslaughter, or drop the case entirely.

“We are going to do what we can for the children,” Cruz told reporters outside court. “That is what this case is about.”

Sullivan said he wanted to set a new trial date, but both sides pushed back — arguing that the judge should rule on several motions in front of him first.

Initially the defense urged the court to set a new trial date soon. But on Tuesday, Reddington told Sullivan he couldn't see having a new trial before June due to his schedule.

Clancy's attorneys have asked the judge to dismiss the criminal case, a motion that will be heard Nov. 2.

Among other things they have argued that the judge should have ousted the one juror who favored a murder conviction after the jury foreperson complained he was refusing to listen to the law on reasonable doubt.

The juror, Michael Desronvil, has said through his lawyer that he had no doubts about his stance. Desronvil told Fox News’ “Hannity” in a brief video statement Monday that “the whole focus has been on me, but we want to reel everything back and put the focus on the three angels,” meaning the children.

Among other motions that was pushed back was a Commonwealth request for a gag order that would bar attorneys and their supporters “from making extrajudicial statements to the media that would have a substantial likelihood of materially prejudicing the criminal proceeding.”

Reddington has given a series of interviews since the mistrial and held walking news conferences almost every day during the proceedings. Prosecutors, in contrast, never talked to reporters.

The livestreamed trial generated intense public interest and drew attention to maternal mental health after childbirth. About a dozen Clancy supporters, most dressed in pink, stood outside court Tuesday waiting for her.

Clancy remains charged with murder and is expected to stay at a psychiatric hospital until her case is resolved.

She could have been sentenced to life in prison if convicted of murder. If acquitted, the judge could have ordered her confined to a mental health facility.

Peltz reported from New York.

Lindsay Clancy's father Michael Musgrove listens to the motions hearing in his daughter's triple murder trial, Tuesday, Sept. 29, 2026, at Plymouth Superior Court in Plymouth, Mass. (Greg Derr/The Patriot Ledger via AP, Pool)

Judge William Sullivan listens to an argument by Kevin Reddington on a motion to dismiss the case as the Lindsay Clancy murder trial continues, Tuesday, Sept. 29, 2026, during a hearing set to determine the next steps after a mistrial was declared on Sept. 4th, in Plymouth, Mass. (Greg Derr/The Patriot Ledger via AP, Pool)

Attorney Kevin Reddington listens during a hearing set to determine the next steps after a mistrial was declared on Sept. 4th, in Plymouth, Mass. on Tuesday, Sept. 29, 2026. (Greg Derr/The Patriot Ledger via AP, Pool)

Lindsay Clancy sits in Plymouth Superior Court, Tuesday, Sept. 29, 2026, during a hearing set to determine the next steps after a mistrial was declared on Sept. 4th, in Plymouth, Mass. (Greg Derr/The Patriot Ledger via AP, Pool)

Defendant Lindsay Clancy listens to a motion in court while seated next to her attorney Kevin Reddington, Tuesday, Sept. 29, 2026, during a hearing set to determine the next steps after a mistrial was declared on Sept. 4th, in Plymouth, Mass. (Greg Derr/The Patriot Ledger via AP, Pool)

PUERTO SAN CARLOS, Mexico (AP) — Hurricane Polo pummeled the Mexican state of Baja California Sur with powerful winds and rain as it made landfall Tuesday, leaving coastal areas flooded and streets littered with fallen trees.

The Category 2 hurricane struck land just south of Las Barrancas, Mexico, about 80 miles (130 kilometers) north of Cabo San Lazaro with maximum sustained winds of 110 mph (175 kph).

About 700 people remained in shelters Tuesday. But they were expected to return to their homes, and no serious damage or deaths were immediately reported, according to authorities.

After the hurricane passed over the small fishing town of Puerto San Carlos on the Baja California peninsula, residents waded among downed trees through ankle-high water that flooded some homes. Seeing their roughened community largely intact brought relief to those who had prepared for the worst.

Shopkeeper Elbia María Bachomo, 40, picked through furniture strewn through her home. She and her three children had gathered their clothes quickly and left for a shelter Monday as water began flooding into their home.

Her husband was out on the water fishing for sardines when Polo hit. Bachomo said he was fortunate to escape alive.

“I thought, ‘Oh no, what are we going to come back to? We will be left with nothing.’ But we were lucky,” she said.

Polo was expected to produce 6 to 12 inches (about 15 to 30 centimeters) of rain across parts of Baja California Sur. By late Tuesday morning, a weakened Polo made a second landfall and moved inland in the Mexican state of Sonora after crossing the Gulf of California.

Forecasters predicted Polo would hit the Mexican mainland with life-threatening winds and flash floods. Sonora officials suspended all “nonessential” activities, including school, sports and nonessential work in the state capital and more than a dozen municipalities.

Meanwhile, the hurricane center reported Tropical Storm Rachel was moving parallel to Mexico's coast early Tuesday. The storm was about 265 miles (425 kilometers) southwest of Lazaro Cardenos with maximum sustained winds of 65 mph (105 kph). It was moving west-northwest at 13 mph (20 kph).

Bands of rain continued to sweep across the U.S. Southwest on Tuesday, causing desert rivers to surge and usually dry arroyos to rage with floodwater. Nearly all of the region was under flood watches as the complex system of tropical weather — with Polo the main event — spread northeast from Mexico.

Forecasters warned north-central New Mexico including Albuquerque and Santa Fe could feel the brunt, with as much as 3 to 4 inches (about 8 to 10 centimeters) of rain through Wednesday and possibly more.

“Definitely looking at the chances for urban flooding,” said National Weather Service meteorologist Carter Greulich in Albuquerque. “Don’t drive through flooded roadways. Remain out of the arroyos, especially in our urban areas.”

The system made a brisk pass through Phoenix early Tuesday, dumping up to 2 inches (5 centimeters) of rain before tapering. North of the city, a truck was swept away in a wash in the New River area. The driver got out safely, Maricopa County sheriff’s officials said.

The rocky, desert area typically gets less than 10 inches (25 centimeters) of rain annually with little vegetation to soak it up, making flash flooding a perpetual risk.

Near Zion National Park in Utah, the East Fork of the Virgin River raged with chocolate floodwater seen carrying a shipping container downstream.

In the small town of Orderville, Utah, where flooding began Monday night, Sabrina Dubay was driving home when her partner called and told her to stay away.

“The river came in and swept around the entirety of our house,” Dubay said, adding that her partner told her, “We’re about to lose everything.”

A camper, snowmobile trailer, and other items from Dubay’s yard were swept away by the river. Neighbors and friends arrived to dig a trench around the house as the water rose around their home.

“It was coming in through our front doors,” she said.

Flooding also was reported in southern New Mexico. An unusually soggy September across the region set the stage: When the ground is saturated, rainfall has nowhere to go but run off.

“Runoff is likely going to start much quicker and lead to those flooding impacts quicker,” Greulich said.

Forecasters said the flood risk would move into parts of the central U.S. beginning late Tuesday and into Wednesday. Starting late Wednesday, widespread heavy rain was expected to hit the Dallas-Fort Worth, Austin and San Antonio areas. Life-threatening flash flooding was possible, with low-lying areas especially vulnerable.

Parts of west Texas, Oklahoma, Kansas, Nebraska and Iowa were under flood watch through Thursday, with some areas expecting up to 5 inches (13 centimeters) of rain.

In the central Pacific Ocean, Hurricane Nolo remained a dangerous Category 3 hurricane on Tuesday as it edged away from Hawaii after drenching parts of the Big Island over the weekend.

Pacific storm activity has been above average during what is already the peak of hurricane season. That pattern is consistent with El Niño years, when the Pacific often sees more tropical storms and hurricanes.

Nolo was about 270 miles (435 kilometers) south-southeast of French Frigate Shoals with maximum sustained winds of 110 mph (175 kph) moving north, at 9 mph (15 kph).

The hurricane was approaching Papahanaumokuakea Marine National Monument, a marine conservation area, according to the hurricane center.

Janetsky reported from Mexico City. Eduardo Verdugo in Puerto San Carlos, Mexico, Julie Walker in New York, Mead Gruver in Fort Collins, Colorado, Mikella Schuettler in Phoenix, Sarah Raza in Sioux Falls, South Dakota, and Eugene Garcia and Gregory Bull in Hilo, Hawaii, contributed to this report.

An uprooted tree lies on the ground after the passing of Hurricane Polo in Puerto San Carlos, Baja California Sur state, Mexico, Tuesday, Sept. 29, 2026. (AP Photo/Eduardo Verdugo)

A resident retrieves belongings from their home that was damaged by Hurricane Polo in Puerto San Carlos, Baja California Sur state, Mexico, Tuesday, Sept. 29, 2026. (AP Photo/Eduardo Verdugo)

Vehicles drive in the rain on the I-10 with Arizona Department of Transportation (ADOT) warning signs displayed along the route, Monday, Sept. 28, 2026, in Phoenix. (AP Photo/Ross D. Franklin)

A man carries items through floodwater past downed electric lines after the passing of Hurricane Polo in Puerto San Carlos, Baja California Sur state, Mexico, Tuesday, Sept. 29, 2026. (AP Photo/Eduardo Verdugo)

A resident enters his home surrounded by water brought by Hurricane Polo in Puerto San Carlos, Baja California Sur state, Mexico, Tuesday, Sept. 29, 2026. (AP Photo/Eduardo Verdugo)

Workers pull a boat to shore as Hurricane Polo approaches Puerto San Carlos, Baja California Sur state, Mexico, Monday, Sept. 28, 2026. (AP Photo/Eduardo Verdugo)

People evacuate their homes as Hurricane Polo approaches Puerto San Carlos, Baja California Sur state, Mexico, Monday, Sept. 28, 2026. (AP Photo/Eduardo Verdugo)

Residents are evacuated by the Army as Hurricane Polo approaches Puerto San Carlos, Baja California Sur state, Mexico, Monday, Sept. 28, 2026. (AP Photo/Eduardo Verdugo)

People evacuate their homes as Hurricane Polo approaches Puerto San Carlos, Baja California Sur state, Mexico, Monday, Sept. 28, 2026. (AP Photo/Eduardo Verdugo)

Workers pull a boat to shore as Hurricane Polo approaches Puerto San Carlos, Baja California Sur state, Mexico, Monday, Sept. 28, 2026. (AP Photo/Eduardo Verdugo)