Lindsay Clancy’s murder trial ended without a verdict, but according to her defense attorney, the legal uncertainty is only one part of the bleak reality she now faces.

Days after Judge William Sullivan declared a mistrial, attorney Kevin Reddington described the 36-year-old former labor and delivery nurse’s current state and revealed the words he says she repeatedly uses when speaking about her three children.

“I want my babies. I want my babies,” Reddington said in an interview Wednesday, adding that Clancy asks about them “all the time.”

Clancy’s children — Cora, 5, Dawson, 3, and Callan, 8 months — died at the family’s Duxbury, Massachusetts, home on Jan. 24, 2023. Clancy does not dispute that she killed them before attempting to take her own life. The central question at trial was whether she was criminally responsible for what she had done.

A trial ends with 11 jurors on one side and one on the other

Clancy killed her three children Cora, Callan and Dawson in her Massachusetts home in 2023.Instagram/@heardwithlove

The nearly six-week trial concluded on Sept. 4 after seven days and roughly 38 hours of jury deliberations failed to produce a unanimous verdict.

Jurors were reportedly split 11-1, with 11 prepared to find Clancy not guilty by reason of insanity while one male juror refused to join them. Judge Sullivan ultimately declared a mistrial after repeated messages from the jury indicated that the deadlock could not be broken.

The defense had argued throughout the trial that Clancy was experiencing postpartum psychosis and could not be held criminally responsible for the deaths.

Prosecutors presented a starkly different case. They acknowledged her history of mental-health difficulties but argued that she understood what she was doing and deliberately planned the killings. Among the evidence highlighted by prosecutors were her actions shortly before the deaths, including sending her husband away to pick up food and medication.

The disagreement over Clancy’s state of mind ultimately proved impossible for the jury to resolve unanimously.

‘Bad days and worse days’

Kevin Reddington insisted in an NBC interview that the version of Clancy that killed her own children is not the one “living amongst us” today.NBC

Clancy remains in custody at Tewksbury Hospital, a state psychiatric facility.

Reddington described her emotional condition in stark terms, saying she has “bad days and she has worse days.”

That description echoed testimony given during the trial about the level of supervision Clancy continues to require. According to the original report, forensic psychologist Dr. Paul Zeizel testified that she is kept under constant one-to-one monitoring because of concerns that she could attempt to take her own life again.

Clancy survived a suicide attempt immediately after her children’s deaths in 2023 and was left paralyzed. She has remained in medical or psychiatric care while the criminal case has proceeded.

For Reddington, the woman living in psychiatric care today should not be viewed solely through the events of Jan. 24, 2023.

“Because that was not the Lindsay that is now living amongst us,” he said.

He pointed to her life before the tragedy, when she worked for years as a labor and delivery nurse and was known by relatives, friends, neighbors and colleagues as a devoted mother.

Reddington described that earlier version of his client as “an incredible person, an amazing mother.”

What happens to Lindsay Clancy now?

The mistrial did not clear Clancy of the charges against her.

Instead, it left prosecutors with a major decision: whether to try the case again.

Plymouth County District Attorney Tim Cruz said immediately after the mistrial that his office had not yet decided whether to pursue another trial, while stressing its responsibility to seek justice for the children.

A status hearing is scheduled for Sept. 29.

That hearing could become the next major turning point in a case that has already drawn national attention over questions of postpartum mental illness and criminal responsibility.

Reddington has indicated that he is willing to discuss a negotiated resolution with prosecutors, but has drawn a firm line over incarceration. According to the original report, he said he “would not plead Lindsay Clancy to a day in jail.”

More recently, he has also announced another legal strategy.

Reddington says he intends to ask the court on Sept. 29 to dismiss the case on double-jeopardy grounds. He plans to argue that there was no “manifest necessity” to declare the mistrial given what has since emerged about the jury’s deliberations and the lone holdout. Whether the court will accept that argument remains unresolved.

Jurors reveal what happened behind closed doors

The mistrial has also placed unusual attention on what happened inside the jury room.

Several jurors have spoken publicly since the trial ended. Three female jurors, including the foreperson, criticized the lone holdout and said he acknowledged having reasonable doubt yet would not agree to the insanity verdict supported by the other 11.

Another female juror later offered a more complicated picture, defending the holdout to some extent and saying he was not the only person in the room who struggled to move away from firmly held beliefs.

She also acknowledged that her own position evolved during the case. Although she initially believed Clancy was criminally responsible, she ultimately sided with the defense after concluding there was too much uncertainty surrounding Clancy’s mental state.

Those competing accounts underline the central difficulty that dominated the trial: there was no dispute over who killed Cora, Dawson and Callan. The dispute was over what was happening in their mother’s mind and whether Massachusetts law allowed her to be held criminally responsible for her actions.

A family tragedy remains unresolved

For now, there is neither a conviction nor an acquittal.

Clancy remains at Tewksbury Hospital while her lawyers prepare their next move and prosecutors decide whether they are prepared to take the case before another jury.

If prosecutors pursue a second trial, the same fundamental conflict is likely to return: the defense’s contention that postpartum psychosis deprived Clancy of criminal responsibility versus the prosecution’s argument that her actions demonstrated planning and an understanding of wrongdoing.

The next hearing on Sept. 29 could provide the first indication of which direction the case will take.

Until then, Reddington says his client remains in psychiatric care, living with the consequences of a tragedy that has defined more than three years of her life.

And amid the legal arguments over retrial, insanity and criminal responsibility, he says the subject Clancy continues returning to is the same one.

Her children.