A mother accused of killing her two young children now wants to WALK FREE — and her lawyer argues the case should even be DISMISSED, despite the shocking statements police say she made afterward 😳

A Massachusetts mother accused of killing her two young children made a dramatic bid for freedom Thursday, with her defense attorney asking a judge to dismiss the case and release her from custody.

Janette MacAusland, 49, of Wellesley, has pleaded not guilty to two counts of first-degree murder in the deaths of her children, Kai, 7, and Ella, 6. The siblings were found dead inside the family’s Edgemoor Avenue home on April 24 after MacAusland surfaced roughly 140 miles away in Bennington, Vermont.

Her attorney, Joseph Krowski, argued that authorities still lacked sufficient information to justify keeping his client behind bars and sought dismissal of the charges.

The judge rejected the defense requests, leaving MacAusland held without bail as the case continues.

Medical examiner’s findings still pending

Janette MacAusland appears in court, with text overlay "WELLESLEY MOTHER ACCUSED OF KILLING CHILDREN APPEARS IN COURT"

Janette MacAusland appears in court on Sept. 10, 2026.WCVB Channel 5 Boston

The defense challenge came as a significant question in the investigation remains unresolved.

Prosecutors told the court that they were still waiting for the Massachusetts medical examiner to officially determine the children’s manners of death. Earlier reporting similarly showed that authorities had not publicly released an official cause or manner of death.

Despite that pending determination, investigators have previously described statements MacAusland allegedly made after arriving at her aunt’s home in Vermont.

According to a Bennington police report, MacAusland appeared at the home in a highly distressed state with an injury to her neck. Her aunt contacted authorities, and officers began asking about the whereabouts of her children.

MacAusland allegedly told investigators, “I strangled them and then I tried to kill myself.”

She also allegedly told police that she had wanted herself and the children “to go to God together but it didn’t work.”

Those statements prompted Vermont authorities to contact police in Wellesley and request an immediate welfare check at the family home.

Police make devastating discovery in Wellesley

Janette MacAusland taking a selfie with her two children, Ella (left) and Kai (right).

Ella MacAusland and Kai MacAusland were allegedly killed by their mother, Janette MacAusland.Cale Darrah

Officers arrived at the Edgemoor Avenue property at approximately 9:50 p.m.

Police recordings indicate that the first responding officer found no cars in the driveway or garage and no lights illuminated inside the house. A rear door was unsecured.

Shortly after entering, officers discovered the two children. Police subsequently confirmed that Ella and Kai were dead.

MacAusland was initially arrested in Vermont as a fugitive from justice before agreeing to be returned to Massachusetts.

When she appeared in Dedham District Court in May, not-guilty pleas were entered on her behalf and she was ordered held without bail.

Thursday’s attempt to secure her release did not change that status.

A contentious divorce preceded the deaths

Janette MacAusland, wearing a white sweatshirt and orange handcuffs, appears in Dedham District Court for her arraignment for the killing of her two children.

Janette MacAusland appears in Dedham District Court for her arraignment in the killing of her two children on Wednesday, May 6, 2026, in Dedham, MA.Boston Globe via Getty Images

Court records provide another piece of the family’s history leading up to the case.

MacAusland and her husband, Samuel MacAusland, were going through a contentious divorce involving disputes over their children and the family’s Wellesley residence.

Samuel filed for divorce in October and sought custody of the children as well as control of the home. The couple had married in Costa Rica in February 2016.

Shortly before Ella and Kai died, the parents had agreed to the appointment of a guardian ad litem to represent the children’s best interests during the family-court proceedings.

Court records show they agreed to seek the appointment on April 16, with the guardian scheduled to take the role on April 21 — only days before the children were found dead.

The parents had also been scheduled to return to court in early May.

The existence of the divorce and custody dispute does not, by itself, establish a motive for the children’s deaths, and many questions about what happened inside the Wellesley home remain unanswered.

A family that appeared very different from the outside

Flowers, stuffed animals, and notes of sympathy placed outside the house where Ella and Kai MacAusland were found murdered.

Flowers, stuffed animals and notes of sympathy are placed outside the house where Ella MacAusland, 7, and Kai MacAusland, 6, were found murdered.Josh Reynolds for NY Post

Before the criminal case, MacAusland worked as an acupuncturist and massage therapist. Records and earlier professional information also linked her to New England Integrated Health and previous work at Massachusetts General Hospital.

People who knew the family described a picture strikingly different from the allegations now before the court.

A former babysitter recalled MacAusland as attentive and methodical in caring for her children, including planning their meals and ensuring they received medication. She remembered Ella and Kai as apparently happy and healthy children.

The children attended Schofield Elementary School in Wellesley. Kai was in second grade and Ella was in kindergarten.

In the days following their deaths, flowers, stuffed animals, crayons and other tributes accumulated outside the family home as the community struggled to absorb what had happened.

Nearly 500 mourners later attended a vigil at St. Andrew’s Episcopal Church.

At their funeral in May, their father, Samuel, stood before his children’s caskets and formed a heart with his hands. Mourners throughout the church mirrored the gesture in tribute to Kai and Ella.

MacAusland remains behind bars

Four months after the children’s deaths, the criminal case remains unresolved.

MacAusland continues to face two first-degree murder charges and has maintained her not-guilty pleas. Her attorney’s effort to have the charges dismissed and secure her release was denied Thursday, meaning she will remain in custody without bail.

Meanwhile, the pending medical examiner findings remain an important unresolved element of the prosecution.

The case now moves forward with the same central divide that has existed since MacAusland was returned to Massachusetts: prosecutors accuse the 49-year-old mother of killing her two children inside their Wellesley home, while her defense continues to challenge whether the state has established enough evidence to sustain the charges at this stage.