00:08:25And in other states, I don't think she could maintain an insane defense.
00:08:30Despite that evidence of planning, Ehrenberg says he believes prosecutors may have gone too far by pursuing first-degree murder.
00:08:36I do think prosecutors overcharged here. I don't think she'll be found guilty beyond a reasonable doubt on first degree murder. That is a steep uphill climb for prosecutors. I think it would have been better to charge it as one of the lesser offenses, like involuntary manslaughter, something that recognizes that she was not in her right mind.
00:08:56I mean, she's sitting in front of the jury as this weeping woman in a wheelchair because she tried to commit suicide.
00:09:04I think that when you see her in court in the wheelchair and her wailing at some parts of the trial,
00:09:11I think that's going to endear her or at least get some of the jurors to sympathize with her.
00:09:18And you don't need the whole jury. You just need one. And it's a hung jury.
00:09:21We asked Ehrenberg what options jurors have if they believe Clancy was mentally ill,
00:09:26but still criminally responsible for the deaths.
00:09:29She could be convicted of a lesser crime.0.97
00:09:30I think first-degree murder is, I'd be shocked if that is the result.0.99
00:09:46So if a jury, like, concludes that her mental condition rendered her incapable of forming that specific intent required for murder or the specific level of malice required for murder, but that her actions were still criminally reckless, yeah, they could return her involuntary manslaughter and you can get up to 20 years per count, but I don't think she would.
00:10:10Ehrenberg says the defense still has more work to do to establish that Clancy was suffering
00:10:14from postpartum psychosis at the time of the killings.
00:10:17There was evidence that she was mentally infirm, that she had some real issues.