Lindsay Clancy lawyer pushes back on claims he shifted strategy after mistrial in new interview
PLYMOUTH, Mass. — Lindsay Clancy's defense attorney, Kevin Reddington, is pushing back on claims that he changed strategies in court Tuesday when he raised doubts over whether prosecutors proved his client killed her three children, insisting he has attacked the strength of the Commonwealth’s case from the beginning.
Reddington, speaking with Fox News contributor Billy Bush on his "Hot Mics" podcast, called the investigation into his client "horrific" and "atrocious" after arguing in court that prosecutors hadn't presented enough evidence in their case to prove his client guilty beyond a reasonable doubt.
"That’s exactly what I was saying," Reddington said in the interview — right after Clancy's return to court for the first time since her mistrial. "I’ve been arguing that from the very beginning. I argued it in a closing argument to the jury. I argued in our motions."
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Reddington was arguing a Rule 25 motion for a required finding of not guilty, in which he is seeking to convince the court that the evidence given at trial wasn’t good enough to support a conviction.
"Where’s the evidence that she did this?" Reddington asked Judge William Sullivan in court Tuesday, before running down a list of what he painted as insufficient evidence and faulty statements. "Where is the evidence she did this?"
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Although Reddington's comments on his motion for a required finding of not guilty garnered national headlines, Sullivan made no rulings and pushed oral arguments on other pending motions back to Nov. 2, leaving many who are following the case, including Bush, disappointed with the lack of answers.
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"He didn't get any answers on the insufficiency of evidence," Bush told Fox News Digital Wednesday. "He wanted, immediately, her to be declared not criminally responsible because of that. I think that was a stretch. He probably knew it. He brought in his double jeopardy expert, Martin Weinberg. That was punted to Nov. 2. That wasn't immediately successful. And the alleged juror misconduct, we didn't get anything on that because Judge Sullivan, Reddington told us, impounded that information. We want to see the jury questionnaire. Everybody wants to see it."
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Sullivan declared a mistrial on Sept. 4 after jurors could not agree on a verdict following roughly a week of deliberations.
Rule 25 motions are routine but seldom successful, according to Carol Erskine, a retired Massachusetts judge and child welfare advocate who has been following the case closely.
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"He is arguing that [they] did not prove each and every element as required by law," she told Fox News Digital. "I understand why people don’t get this, but he had to argue sufficiency of evidence under Rule 25(b)(2) case law. He told the judge he asked for a Bowden instruction and was denied, which meant he was challenging the poor investigation/search at the home by police. It’s a very nuanced argument."
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Plymouth County prosecutors had a tougher take on Reddington, calling it "a laughable argument" and asking the judge to deny his motion.
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Clancy is due back in court on Nov. 2 for a motions hearing. A date for a potential retrial has not yet been scheduled.
While Clancy's future remains uncertain, Reddington has developed a following of his own outside the courthouse, where Bush said the well-known Massachusetts defense lawyer regularly mingles with people covering the trial and has garnered a national reputation, including nicknames like "Big Red" and "Shreddington."
"Big Red goes out to the parking lot," Bush said. "He talks to the different people who are covering this in their own way. He asks them questions about themselves. He sits there in a lawn chair, having coffee and connecting with everybody."
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That also includes a large proportion of women watching the case play out, he said.
"They support Lindsay Clancy," he said.
"But they love Reddington because he's the man who's fighting for her," he added. "And they're all seeing him as that guy, 'Geez, I'd like that man fighting for me someday, if I needed it.'"