What Every Possible Verdict Means for Lindsay Clancy

The Lindsay Clancy jury has three options and none of them sends her home. Guilty of first-degree murder means life without parole. Guilty of second-degree means life with eventual parole eligibility. Not guilty by reason of lack of criminal responsibility means commitment to a psychiatric facility with no time limit. Each path has a legal fight attached to it that outlasts the verdict.

Eric Faddis, a defense attorney and former prosecutor, walks through all three outcomes and the deliberation that precedes them. In Massachusetts, the prosecution carries the burden of proving criminal responsibility beyond a reasonable doubt. The two-prong McHoul test requires the Commonwealth to prove Clancy could appreciate the wrongfulness of her actions and could conform her conduct to the law. Both must be met. The prosecution's rebuttal psychiatrist told this jury Clancy had a severe depressive episode but would not call it psychosis. The legal test does not require that label.

On the not-guilty path, commitment under MGL Chapter 123 allows indefinite hospitalization. Andrea Yates was found not guilty by reason of insanity twenty years ago and remains in a state psychiatric facility. She declines her annual release hearing every year. Reddington's role as Clancy's attorney continues through the periodic review process.

On the guilty path, the SJC automatically reviews the conviction. The trial record includes the mental health testimony the jury rejected. Clancy would also transfer from Tewksbury Hospital to the corrections system — paralyzed and on 24-hour suicide watch, entering a facility not designed for her level of need.

If the jury cannot agree, the judge can issue a Tuey-Rodriguez charge. If it fails, the result is a mistrial and the case starts over.

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This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.

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