Prosecutors will have to overcome two “prongs” to prove Lindsay Clancy was not suffering from mental illness, CNN contributor and criminal defense attorney Elyse Hershon said Thursday.
“In Massachusetts, once a mental illness or mental health defense is raised for lack of criminal responsibility, the prosecution has to prove that they were criminally responsible and were not suffering mental illness,” Hershon said on CNN All Access.
Understanding the difference between right and wrong is different than having the knowledge that something is wrong, Hershon said.
“Lindsay knowing that what she’s doing is wrong is not enough for the prosecution to prove this beyond a reasonable doubt,” she said. “They would have to prove that she understood – not just know, but understood – and could appreciate the wrongfulness.”
In addition, prosecutors would need to prove Lindsay Clancy “was able to function normally.”
“They’re probably going to hit that because she was able to call and order takeout, she was able to converse with her husband, she was able to feed her kids chicken nuggets and green beans,” Hershon said.
Hershon also described the way the prosecution is approaching mental health in the trial as “archaic.”
“To say that because somebody’s smiling or functioning normally and feeding kids and going through these motions of being a functional human is dispositive of her not being in psychosis is just absolutely wrong,” Hershon said.