The Andrew Branca Show
@thebrancashow·290K subscribers·5.3K videos
The Lindsay Clancy Argument Everyone Is Getting WRONG
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September 1, 2026
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23:26Now PlayingThere is a serious debate developing over whether the prosecution actually proved Lindsay Clancy was criminally responsible. Some lawyers believe the state presented a poor case, changed theories between opening and closing, and mishandled important pieces of evidence. Some of those criticisms may even be legitimate. But there's a much bigger problem: are we asking the legal question the jury actually has to answer?
In today's show, I respond to the arguments being made about Clancy's insanity defense and separate weaknesses in the prosecution's presentation from what Massachusetts law actually requires. To be acquitted by reason of insanity, the relevant question isn't whether Clancy loved being a mother, whether she genuinely attempted suicide, whether the prosecution perfectly reconstructed the exercise bands, or whether its opening matched its closing. The question is whether mental disease left her unable to appreciate the wrongfulness of her conduct or unable to conform her conduct to the law. I explain why the evidence of Clancy making sequential decisions, moving between the children, returning her husband's phone call, and continuing with other deliberate conduct creates such a serious problem for that defense.
There are legitimate criticisms to make about this prosecution. But if those criticisms don't address psychosis or an inability to control her conduct, they don't answer the question that determines criminal responsibility. If you're not asking the right legal question, you can't get the right legal answer.
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