top of page
Search

Clancy Trial - A Jury Couldn't Decide. Other Mothers Already Got Their Answers — And They Weren't the Same.

  • Writer: ALAN S BERNSTEIN, P.A.
    ALAN S BERNSTEIN, P.A.
  • 2 days ago
  • 7 min read

After seven days and roughly 38 hours of deliberation, twelve jurors in a Plymouth County courtroom finally gave up on an impossible question. Deadlocked at an 11-1 split, they told the judge they could not—and would not be able to—reach a unanimous decision. On Friday, a mistrial was officially declared. Throughout the grueling weeks of testimony, Lindsay Clancy — the former labor-and-delivery nurse who doesn't dispute that she strangled her three young children in the basement of her Duxbury home in January 2023 — sat and watched, expressionless, paralyzed from a suicide attempt the same night, in the wheelchair she has needed ever since.

The mistrial declaration did not happen without a dramatic, last-ditch legal fight. Just before Judge William Sullivan ended the proceedings, Clancy's lead defense attorney, Kevin Reddington, requested a one-hour window to file an emergency petition with the Massachusetts Supreme Judicial Court. Reddington argued that the single holdout juror was clancy-trial-a-jury-couldn-t-decide-other-mothers-already-got-their-answers-—-and-they-weren-t-thopenly refusing to apply the judge's instructions on "reasonable doubt" and demonstrating a bias against those suffering from debilitating mental illness. Calling the mistrial a "travesty" after such a time- and labor-intensive trial, Reddington asked the higher court to intervene and either scrutinize or remove the juror so deliberations could continue. A state Supreme Judicial Court justice swiftly denied the emergency stay, clearing the way for the mistrial to become official.

Nobody in that courtroom argued about what happened. Clancy's own attorneys conceded it. The entire trial came down to a single, much harder question: was she responsible for it? Her defense said no — that she was in the grip of postpartum psychosis, a severe and poorly understood psychiatric emergency, and legally should not be held criminally responsible for what it drove her to do. Prosecutors argued she knew exactly what she was doing and used her medical training to manage her providers rather than get real help.

With the mistrial now official, the Plymouth County District Attorney must decide whether to retry the case, negotiate a plea, or drop the charges entirely. Clancy, meanwhile, remains in custody and under psychiatric care at a state hospital.

But here's what makes the Clancy case worth understanding even without a verdict: it isn't the first time this exact defense has been raised. When we look at similar tragedies across the country, the legal outcomes are vastly different. The differences aren't just about the illness. They're about the law.

The Real-Time Ripple Effect: The Tragic Case of Corie Walsh

As the Massachusetts jury weighed Clancy’s fate, a devastating echo occurred in Frankfort, Illinois. On Tuesday, September 1, 2026—while the Clancy jury was actively deliberating—40-year-old Corie Walsh was texting friends in a group chat, reportedly "very invested" in discussing the Clancy trial.

Just three and a half hours later, police responded to her home and discovered that Walsh had allegedly hanged her 2-year-old son, Barrett, from a rafter in the basement. Walsh was found fully dressed in a bathtub filled with bloody water, suffering from self-inflicted knife wounds. According to prosecutors, Walsh told responding officers she killed her toddler because she believed he was the "anti-Christ" and the "devil". Her defense attorney released a statement explaining that the mother of four was experiencing a severe "psychotic episode".

While Walsh's case is only just beginning, it underscores the terrifying, sudden nature of severe maternal mental illness and will soon test the boundaries of Illinois' unique legal framework for postpartum psychosis.

"Not Guilty" Doesn't Mean "Didn't Do It"

The public tends to hear "not guilty by reason of insanity" and assume it means the defendant walks free, or that the defense is claiming the killing never happened. It's the exact opposite.

A defendant raising this defense is conceding the act — Clancy's attorneys admitted she caused her children's deaths before the trial even started. What's being contested is criminal responsibility: whether, because of a diagnosed mental illness at the time, the person understood what she was doing or understood that it was wrong.

If a jury or judge agrees, the defendant isn't released. She is committed — typically indefinitely — to a secure psychiatric facility, with periodic reviews to determine whether she can ever be safely discharged. It's a vastly different outcome from prison, but it isn't an exit from the justice system.

Three Mothers, Three Verdicts, Very Different Paths

The fate of a mother suffering from severe mental illness often depends heavily on the state where she lives and whether her case is decided by a judge or a jury.

The Bronx, 2026 — Decided by a Judge

Weeks before the Clancy jury even began deliberating, a Bronx judge issued a ruling in a case with an eerie number of parallels. Dimone Fleming, then 22, was accused of killing her two young sons at a family homeless shelter in November 2022. Court-ordered evaluations found she had been hallucinating and believed the world was ending. A psychiatrist retained by the prosecution — not just the defense — concluded she met the standard for legal insanity. Because Fleming's case never went to a jury, Judge Audrey Stone weighed the psychiatric evidence herself and ruled Fleming not criminally responsible by reason of mental disease or defect. It was a structurally faster, and decisively unanimous, path to the same defense Clancy just asked twelve strangers to accept.

San Francisco, 2005–2007 — Decided by a Jury, Then a Judge

Two decades earlier, LaShaun Harris drowned her three young sons in the San Francisco Bay, telling police afterward that she believed God had told her to send them to heaven. Harris suffered from longstanding paranoid schizophrenia, having been hospitalized six times in the eighteen months prior. California runs insanity cases in two phases. First, a jury decided Harris's guilt the ordinary way and convicted her of second-degree murder. Only then did the case move to a sanity phase, where Harris waived her right to a jury and let a judge decide alone. The judge found her not guilty by reason of insanity and ordered her committed to a state hospital for 25 years to life.

California, 2014 — The Carol Coronado Case

To understand how harshly the system can treat these cases without a uniform legal standard, consider the case of Carol Coronado. Coronado was charged with murdering her three young children in Los Angeles County. During her trial, multiple psychiatrists testified that she was suffering from postpartum psychosis—a severe break from reality triggered by hormonal changes, sleep deprivation, and the overwhelming strain of caring for three babies under three.

However, the judge ultimately set the psychiatric evidence aside, noting that the legal standard used to evaluate her sanity was written a century before postpartum psychosis was even a recognized medical diagnosis. Coronado was convicted and sentenced to life in prison. Experts noted in comprehensive legal investigations that without specific legal protections, courts frequently treat mothers suffering from postpartum psychosis "the same as trained assassins". These analyses highlight that California currently has more than 100 women serving prison sentences for killing their children, illustrating the rigid nature of antiquated legal frameworks.

What Would Happen If This Were a Florida Case?

Florida's insanity defense runs on the M'Naghten Rule, a 180-year-old standard the state's courts have applied since the 1800s. Under it, a defendant is not criminally responsible only if, because of a mental infirmity, disease, or defect at the time of the offense, she either didn't understand what she was doing or its consequences, or didn't understand that it was wrong. Florida has explicitly rejected softer standards other states allow, including the "irresistible impulse" test — knowing an act is wrong but claiming you couldn't stop yourself isn't enough here.

Two features make Florida's version notably tougher:

  1. Every defendant starts from a presumption of sanity, and it's the defense's job to overcome it — not the state's job to disprove it.

  2. The burden of proof is "clear and convincing evidence." That's a meaningfully higher bar than the "preponderance of the evidence" standard most civil cases use, though still below the state's own "beyond a reasonable doubt" burden for proving guilt.

Procedurally, Florida also runs a bifurcated trial, similar to what happened in Harris's California case: guilt is determined first, and only if the defendant is convicted does the case move to a second phase addressing insanity. If insanity is established, the outcome mirrors what Fleming and Harris both experienced — commitment to a state mental health facility with regular status reviews.

The Illinois Exception

Notably, Illinois stands alone in its legislative approach to this crisis. In 2018, Illinois passed a law that specifically allows judges to consider undiagnosed or untreated postpartum depression or psychosis as a mitigating factor to lower harsh sentences. Florida, Massachusetts, New York, and California all handle it the same way they'd handle any other claimed mental illness — through the general insanity framework, with no special postpartum carve-out. How this unique law will impact the outcome of Corie Walsh's impending prosecution remains to be seen.

The Diagnosis Gap Nobody's Talking About

There's a systemic pattern worth naming, separate from how any individual case turns out. Research using CDC survey data has found Black mothers report postpartum depressive symptoms at meaningfully higher rates than white mothers, yet are substantially less likely to be told by a provider that they have it. Standard screening tools, like the Edinburgh Postnatal Depression Scale, were validated primarily on white, higher-income populations. Researchers have found this makes them measurably less sensitive at the standard cutoffs for Black and low-income patients.

None of that explains any single verdict, but it is the backdrop against which "why wasn't this caught earlier?" gets asked very differently depending on who's asking it and about whom. It's a core reason why maternal mental health advocates have pushed so hard for earlier screening and specialized mother-baby treatment units, which remain heartbreakingly rare nationwide regardless of a mother's background.

If Mental Illness Is a Factor in Your Case

Whatever ultimately happens in Plymouth County, the throughline across Duxbury, the Bronx, San Francisco Bay, and now Frankfort is the same: the illness doesn't determine the outcome by itself.

The legal standard, the burden of proof, and whether the decision lands in the hands of a jury or a judge do enormous work in shaping what happens to someone who was profoundly unwell at the time.

That's exactly why the earliest moves in a case like this matter most. Florida's "clear and convincing" burden means the defense has to build a meticulously documented, expert-supported record — not just assert mental illness after the fact. If you or someone you love is facing serious charges where a psychiatric condition played a role, the time to involve an experienced Florida criminal defense attorney is now, before decisions are made that can't be undone.

(With a status conference set for late September to determine next steps for Clancy, this post will continue to be updated as prosecutors decide whether to pursue a retrial.)

 
 
 

Comments


© 2026 by Alan S. Bernstein P.A

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or

situation. This information is not intended to create, and receipt of viewing does not constitute an attorney client relationship.

Address: 2131 Hollywood Blvd, Suite 201

Hollywood, FL 33020

​​

West Palm Beach

*by appointment only

Coral Springs

*by appointment only

Tel: 954-925-3111 / Weekends: 954-347-1000

  • White Facebook Icon

CONTACT US TODAY

bottom of page