Kevin Reddington, representing Lindsay Clancy, aims to dismiss the case against his client after interviewing several jurors. Reddington announced on CBS Mornings that he will file a motion to dismiss due to double jeopardy concerns, arguing a mistrial lacks manifest necessity.

You need a manifest necessity to declare a mistrial, considering the invested time from all involved, including jurors, the court, and both parties, Reddington explained. Clancy faces murder charges for her three children in Duxbury, Massachusetts, on January 24, 2023. Her defense claims she suffered from overmedication and postpartum psychosis, while prosecutors argue she knowingly planned the murders.

The widely covered trial ended in a mistrial on September 4, as jurors couldn’t reach a unanimous decision after over seven days of deliberation. The jury split 11 to 1, with a note to Judge Sullivan revealing one juror wasn’t following guidelines on reasonable doubt.

A juror, identified as No. 5, asserted most jurors remained firm in their beliefs despite differences in opinion. The foreperson noted the juror acknowledged doubt but wouldn’t apply it as required by law. Reddington attempted to have the juror dismissed, which Judge Sullivan denied.

Reddington expressed frustration, That person’s right to be a holdout is their own. But when the forelady indicated they had reasonable doubt yet ignored the judge’s legal instructions, it felt unjust.

CBS News legal contributor Caroline Polisi recognized Reddington’s dismissal pursuit as significant but unlikely. She explained, Typically, double jeopardy doesn’t apply after a mistrial, allowing retrial on identical charges. Reddington wants a motion against a retrial, citing one juror with doubt who failed to apply the law.

If he succeeds in the motion, Clancy would be freed, Polisi noted. Alternatively, Plymouth District Attorney Tim Cruz might consider lesser charges.

Reddington remains against Clancy’s incarceration, commenting on her current condition, She’s disappointed, sad, and unchanged in demeanor. Thankfully, she’s receiving exceptional psychiatric care at Tewksbury. The jury faced a verdict choice of not guilty by insanity, not guilty, first-degree murder, second-degree murder, or manslaughter.

Prosecutors haven’t decided on a retrial since the mistrial. Reddington opposes another trial and hopes for increased awareness of postpartum psychosis and psychiatric treatment scarcity.

Some may dismiss the idea of hearing voices as lies or ploys, but punishment seems simpler, he observed. He empathizes with Clancy’s ongoing burden from her children’s loss.

Reddington described his pardon request to President Trump, even though federal crimes only fall under presidential pardon. If I could ask England’s king for help, I would, he stated. He hopes President Trump’s awareness might aid case resolution by reaching out to Cruz.

Last week, the president addressed the case, Her actions were atrocious, but consequences await, either institutional or penal. Another trial possibility reflects unfortunate circumstances, according to Trump.

Though Reddington hasn’t received a White House response, he welcomes presidential contact, asserting, If it aids this tragic case’s resolution, the means are inconsequential.