Lindsay Clancy lawyer files to toss mistrial

That is the attorney for the Massachusetts mother who admits to killing her children, only to have her trial end in a mistrial. Her attorney filing a motion asking a judge to toss the case and acquit. Lindsay Clancy's attorney's insistent that she should not be held criminally responsible in those three deaths because they say she was overmedicated and suffered from postpartum psychosis. Attorney Kevin Reddington's reason for his motion today? Lack of evidence that Lindsay even knew her actions were criminally wrong. CBS News Legal Contributor Jessica Levinson joining us now. As always, helping us to clearer understand this. Jessica, that motion is now filed. So what happens next? Well, what happens next is that there could be a hearing on the motion. It could be just dismissed out of hand. We should note here that this is an extreme long shot, that Kevin Reddington has essentially already made these arguments before. He already argued to the trial-court judge here that the judge should have questioned the jurors more, that there wasn't, as we just heard him say, that manifest need for a mistrial. If that manifest need for a mistrial is not there, then it means he's on his way to winning his argument that, in fact, double jeopardy attached and that Lindsay Clancy cannot be retried. OK, so passionate feelings. Some people think she should stay behind bars forever. Other people feel like that there should be compassion for her, given the situation. So what would happen to Lindsay Clancy if Kevin Reddington is successful? So if he is successful, then, essentially, the criminal case goes away, period. Now, obviously, we know she still is in Tewksbury. She is getting psychiatric and mental health treatment at essentially a psychiatric hospital. So after the trial, as you know, there were two options. If she's acquitted, which is potentially what would happen in this situation, it would have the same effect. Then she's free to go. If she was not guilty by reason of insanity, she stays at Tewksbury to continue to be evaluated. But if he wins on this double-jeopardy claim, then there are no pending charges against her, and I think that is the end. She's free.

Wow. Jessica Levinson, thank you so much. Always good to see you, my friend.