The defense attorney for Lindsay Clancy said in an interview Wednesday he will ask for the case to be thrown out after hearing from some of the jurors.

 

Kevin Reddington, during an appearance on “CBS Mornings,” said he will file a motion to dismiss on “double jeopardy grounds.”

 

“It will be a motion to dismiss based on what’s called double jeopardy grounds, because there’s no … manifest necessity,” he claimed during the interview.

 

Clancy is facing murder charges in the deaths of her three young children, Cora, Dawson and Callan. A five-week trial ended in a mistrial after the jury failed to come to a unanimous verdict after seven days of deliberation.

 

Prosecutors argued Clancy planned to kill her children and knew what she was doing, while Reddington argued Clancy was suffering from postpartum psychosis and not criminally responsible for her actions.

 

The jury, made up of nine women and three men, was split 11 to 1 in favor of finding Clancy not guilty by reason of insanity, according to the jury foreperson Roni Carlson.

 

In an interview, Carlson reiterated a note sent to the judge saying a juror was not following the rules on reasonable doubt. She stated the juror had expressed he had doubts about the case, but still would not find her not guilty by reason of insanity.

 

Reddington asked the judge to dismiss the juror on the grounds he made statements acknowledging doubt but would not apply it to the verdict as the law says must be done.

 

Judge William Sullivan denied the motion, as well as a request to question jurors further on the matter.

 

Reddington is arguing the mistrial was not necessary

because Sullivan could have questioned the juror further, and that is why the case should be dismissed.

 

It is not clear how likely Reddington is to succeed in getting the case dismissed, as double jeopardy does not typically apply in a mistrial. On Tuesday, Reddington also publicly asked President Trump to consider pardoning Clancy.

 

See more at wpri.com.