Lindsay Clancy's Attorney Kevin Reddington Says Case Should Be Thrown Out Without Manifest Necessity for Mistrial

Following the mistrial in the Lindsay Clancy case, her lawyer, Kevin Reddington, will reportedly file a motion seeking to have the murder charges against his client thrown out.

"It will be a motion to dismiss based on what's called double jeopardy grounds, because there's no … manifest necessity," Reddington said during an appearance on CBS Mornings on Wednesday, September 9. "You have to have a manifest necessity to declare a mistrial for obvious reasons — the invested time that the jurors put into it, the court, the staff, the defendant, the prosecution, everybody."

Manifest necessity is an "urgent, unforeseeable circumstance that makes it impossible to continue a legal trial or reach a fair result, allowing a judge to declare a mistrial," according to Merriam-Webster.

If a mistrial is declared due to manifest necessity, the defendant may generally be retried without violating double jeopardy protections.

Reddington will present the motion to dismiss at the next scheduled status hearing on September 29.

As OK! previously reported, Clancy was charged with first-degree murder after being accused of fatally strangling her three children — Cora, 5, Dawson, 3, and Callan, 8 months – with exercise equipment in the basement of the Duxbury, Mass., home.

Following the murders, Clancy attempted suicide by slitting her own throat and wrists and jumping out of a second-story window, an act that left her paralyzed.

Clancy admitted to killing her children. However, she pleaded not guilty by reason of lack of criminally responsibility, which is essentially an insanity defense. She claimed to be experiencing a severe postpartum psychiatric episode at the time of the killings.

During the trial, her defense team pointed to medical records detailing she was prescribed a heavy "cocktail" of up to 13 different psychiatric medications in the four months before the killings, arguing they contributed to her altered mental state.

Clancy's mom and sister were among several witnesses who testified about her declining mental state.

It was up to the jury – which consisted of nine women and three men – to determine if Clancy was criminally responsible. If convicted of first-degree murder, the former nurse faced life in prison. If found not criminally responsible, she would've been committed to a state psychiatric hospital.

After more than six weeks of proceedings, the case ended in a mistrial on September 4 after the jury failed to reach a unanimous verdict. 11 of the 12 jurors reportedly agreed not to convict Clancy, with one hold out juror admitting he had doubt about the charges against her, per The New York Times.