Lindsay Clancy: Massachusetts mom accused of killing her 3 children could face life in prison without parole
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DUXBURY, MASSACHUSETTS: The bodies of the two children allegedly killed by their mother Lindsay Clancy, 32, were found in the basement of their home. Clancy pleaded not guilty to killing the children -- Cora, five, and Dawson, three, and seven-month-old Callan, who died later in the hospital.
Clancy faces two counts of first-degree murder, three counts of strangulation and suffocation, and three counts of assault with a deadly weapon following the slayings. While she is accused of killing Callan, she does not face charges in connection with his death at present. Here is a look at what sentence Clancy may be given if she is convicted of the crime.
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Massachusetts law for committing murder
According to Massachusetts law, the maximum sentence for a first-degree murder conviction in the state is life imprisonment without parole. As per Law Offices of William D. Kikham, ESQ. and Associates, "All first degree murder convictions trigger an automatic appeal to the state Supreme Judicial Court. However, that's a far cry from saying the appeal will be successful. The vast majority of these appeals are not overturned or successful."
In case of strangulation, the law says, according to Massachusetts Legislature, "Whoever strangles or suffocates another person shall be punished by imprisonment in state prison for not more than 5 years or in the house of correction for not more than 2 1/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment."
Concerning assault with a deadly weapon, the law says, "Whoever commits an assault and battery upon another by means of a dangerous weapon shall be punished by imprisonment in the state prison for not more than 10 years or in the house of correction for not more than 21/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment."
Burden of proof lies with the state
Clancy was reportedly diagnosed with generalized anxiety disorder in December last year. In the presence of her husband Patrick, a psychiatrist told her that she did not suffer from postpartum depression. Clancy later told her husband she had suicidal ideations, and even admitted she thought about harming her children.
For some days after that, her life went on normally and she even told Patrick at one point that she no longer had suicidal thoughts. A few days ago, after the murders, Clancy was allowed to call her husband. She allegedly told him she had "a moment of psychosis" and when he left the house on January 24, a male voice told her to kill the children and herself as it was her last chance.
Cora and Dawson reportedly died of ligament strangulation that night. It could have taken anywhere from 10 seconds to one minute for the children to fall unconscious. This would have followed by four-five minutes of the band remaining around their necks before they died. When Callan was taken to the hospital, his heart rate was resuscitated. However, his brain function did not return. The child had to be kept on life support for some days but he eventually died.
Clancy's defense attorney Kevin Reddington said the accused mom was battling postpartum psychosis at the time of the murders. Reddington also said Clancy had just spent some days in a mental healh facility. Prosecuting attorneys, however, claimed Clancy was relatively normal that day, as she was chatting with Patrick about dinner and playing with the children in snow.
Criminal defense attorney Duncan Levin told The Sun that Massachusetts state law says the burden of proof lies with the state. Prosecutors will have to reveal evidence claiming Clancy was of sound mind when she murdered her children, rather than the defense being pressurized into proving the mother was battling psychosis.
"This case is not going to center around whether she committed the murders or not," Levin said. He added, "That's something that is not going to be an issue in this case.What is going to be an issue is her mental state and whether she was legally responsible."
The children were found in the basement
Clancy's children were found lying in the basement of their house and were discovered by Patrick. Assistant District Attorney Jennifer Sprague explained Patrick came back after he went out to get takeout food for the family in Duxbury, and found his bedroom door locked, according to WCVB. However, he managed to get in and subsequently found that his wife had allegedly slit her wrists and jumped out the second-story window.
"He called 911. During this time, he asked the defendant [Clancy], ‘What did you do?’ She responded to him, ‘I tried to kill myself and jumped out the window,'" Sprague told the court. She added, "During the 911 call, Patrick can be heard asking the defendant, ‘Where are the kids?’ He later told police that she replied 'in the basement.'"
Patrick then headed downstairs to the basement, and reportedly screamed as he found Cora, Dawson, and Callan on the ground. All the children had an exercise resistance band around their necks that was used to strangle them, Evie Magazine reported.