Lindsay Clancy's lawyer argued Tuesday that there wasn't enough evidence to prove she killed her three children, a striking turn after a lengthy trial that focused more on her mental state than on whether she took their lives.

 This entire case is based on speculation,  attorney Kevin Reddington said during the first hearing since Clancy's initial trial ended Sept. 4 with a deadlocked jury.

During the trial, he didn't dispute that Clancy killed the children at the family's home in 2023, instead seeking to persuade a jury to find her not criminally responsible because of mental disease - a rare condition called postpartum psychosis, according to the defense.

RELATED STORY | Lindsay Clancy case ends in mistrial after jury deadlock, defense appeal denied

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But on Tuesday, in the wake of a mistrial with the jury split 11 to 1 in Clancy's favor, Reddington sought to persuade Judge William Sullivan to acquit her.

There is, Reddington contended, not enough evidence  that this woman killed those children.  He pointed to matters ranging from her condition when she was found, badly injured and bleeding, in the yard outside her home to her lack of memory of what happened when she woke up in a hospital. At the first trial, her now ex-husband and first responders testified that she tried to kill herself immediately after killing the children.

 Where is the admission? Where does she say that she did this?  Reddington asked, going on to recap his arguments that she also was psychotic and delusional at the time of the children's deaths.

Prosecutor Shanan Buckingham called his argument  laughable,  pointing to various evidence raised during the trial. In court papers filed Monday, prosecutors recapped their arguments that there was enough evidence to convict Clancy.

Holdout juror in Lindsay Clancy trial explains decision that led to mistrial

The prosecution maintains that Clancy, a 36-year-old former 

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