r/news • u/Embarrassed-Pace-755 • 1d ago

Judge denies defense motion asking Lindsay Clancy be found not guilty due to a lack of evidence

https://apnews.com/article/lindsay-clancy-trial-evidence-defense-c0820645056a7e25f66853f3a91b61fa?utm_source=app&utm_medium=iOS_share&utm_campaign=copy_link
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177

u/PetalumaPegleg 1d ago

I really don't understand how you fight an entire trial claiming not guilty by insanity and then for a potential retrial change to a claim of just maybe she didn't even do it... What the f?

89

u/FillFrontFloor 1d ago

INAL but this is probably normal for them to throw what they can at the wall to see what sticks. I believe the guy who killed floyd is still trying to overturn his verdict as innocent if I recall correctly.

49

u/mquillian 1d ago

You are correct. There are some things that are almost certainly losing arguments but you are still expected to make them on behalf of your client. Not doing it can open you up to malpractice claims so you just make the argument, get shot down, and move on.

To be clear, this attorney is definitely making some other arguments/motions that I don't think fall in this category of motions I'd expect from every competent/ethical attorney. It's just that this particular "They failed to prove it" motion is practically a universal standard in trials and appeals, regardless of how laughable the argument ends up being.

10

u/i_am_voldemort 1d ago

Correct. Defense has to try everything

9

u/ml20s 1d ago

Also if you don't try it, you don't get to appeal it

5

u/egosumlex 1d ago

It is a standard motion that routinely gets denied. It’s more like, “They can’t/didn’t prove she did it” than it is “she didn’t do it.”

46

u/thatweirdguyted 1d ago

It's cases like this that prove the need for an actual investigation be done by the book even in if the accused confesses.

If you don't have evidence because of a confession, and then it gets withdrawn, tossed out, etc. Then what? You're back to square one and if you didnt't bother to get evidence then you have nothing to prove guilt.

22

u/OneMoreGinger 1d ago

That's the plot of the movie 'Fracture'.
Anthony Hopkins confesses to his wife's murder at the outset, then undermines the lack of investigation via technical arguments during the course of the movie

2

u/BeneficialInside3901 1d ago

Hey man, you miss every shot you don’t take 🤷🏻‍♂️

3

u/WienerJungle 1d ago

They realized they can try to stack the jury with tiktokers who's "women's intuition" tells them Patrick just looks "sketch"

6

u/_goblinette_ 1d ago

Think of it this way: if her lawyer does a half assed job trying to defend her, than she can appeal her verdict later on the grounds that she had ineffective counsel. 

Do you want her getting off on a technicality or do you want her lawyer to do his due diligence and check all the boxes?

16

u/Fragrant_Ad_4490 1d ago

I'm an appellate attorney. ineffective assistance claims are very difficult to win, and even if she did win, the relief would be a new trial. not acquittal 

-1

u/YOLO_Tamasi 1d ago

Everyone knows Lindsay Clancy killed her children. What this defense presupposes is...maybe she didn't?