Lindsay Clancy's attorney asked the judge to declare a mistrial after the prosecution's psychologist testified he asked the nurse if she knew suicide was a 'mortal sin.'
Dr Kirk Heilbrun testified on Monday that when he was interviewing Clancy, he noted she was Catholic and said to her 'isn't suicide a mortal sin?'
Clancy's defense attorney Kevin Reddington objected and the judge ordered a sidebar.
After a short break, court resumed and Reddington asked the judge for a mistrial.
He accused the prosecution of intentional misconduct based on the line of questioning regarding mortal sin.
Judge William Sullivan denied the motion, but told the jury that they must disregard the statement.
'This has obviously been a long trial for everyone involved,' Reddington said.
But he said that this marks the second time that the state has asked the question around mortal sin – bringing up religion.
Lindsay Clancy, 36, is on trial for the murders of her three children
Judge William Sullivan denied the motion, but told the jury that they must disregard the statement
Last week, the prosecution asked Patrick's mother Sue Clancy if she was Catholic. When she said yes, Assistant District Attorney Shanan Buckingham asked her if she knew that murder was a mortal sin.
Reddington did not request a mistrial last week but he said that he feels that he has to because the state has done it again.
'At this point this is a concern I have. This is over the top,' Reddington said. 'I believe it was intentional misconduct.'
This marks the second time that the state has brought up the matter of mortal sin. Under state law, a witness’s religious beliefs or opinions is not admissible to attack or support the witness’s credibility.
The judge denied the motion but said that he will tell the jury they must disregard it. He also warned the state that they need to ‘strongly’ talk to the witness.
Religion 'cannot be considered. It must be disregarded,' the judge said firmly to the jury. Several jurors looked surprised.
The jury was then excused for the day.
Heilbrun testified that the phrase Clancy said to her children when she killed them also points to altruistic filicide.
Dr Kirk Heilbrun testified on Monday that when he was interviewing Clancy, he noted she was Catholic and said to her 'isn't suicide a mortal sin?'
Clancy's defense attorney Kevin Reddington accused the prosecution of intentional misconduct
'Go to God, baby,' she said.
He said that was part of her expectation that she and her children would be together in heaven.
Before Reddington filed for the mistrial, he was seen conferring with his team inside the courtroom including psychologist Dr Paul Zeizel and his son Patrick Reddington.
He also spoke with his longtime friend and fellow attorney Jay Carney, who represented Whitey Bulger.
When asked by the Daily Mail last week whether he would ask for a mistrial over the question to Sue, Reddington said 'why would I want a new trial?'
The judge said he expects testimony from rebuttal witnesses to continue on Tuesday then a hearing on the charges.
Closing statements are expected on Wednesday.
Clancy, 36, is on trial for the murders of Cora, five, Dawson, three, and eight-month-old Callan, at her home in Duxbury, Massachusetts, in 2023.
She strangled the children with exercise bands and then allegedly attempted to kill herself, but her efforts failed and left her paralyzed and in a wheelchair for life.
Clancy has admitted to killing her children but pleaded not guilty to murder by reason of insanity, citing postpartum psychosis, and is seeking to be committed to a state mental health facility rather than face a prison sentence.
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