The murder case against Lindsay Clancy returned to a court for a hearing on Tuesday for the first time since the judge declared a mistrial.
Clancy was on trial for the murder of her three children.
At trial, her defence team did not dispute that she killed her kids – it was in dispute if she should be held criminally responsible.
She had pleaded not guilty by reason of insanity.
However, at Tuesday’s hearing, her lawyer Kevin Reddington argued there is not enough evidence that Clancy killed her children.
He said the entire case is “based on speculation”.
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He added: “I submit to the court that a motion for required finding of not guilty should have been entered on the total and complete lack of evidence.”
Prosecutor Shanan Buckingham said Reddington’s new argument is “laughable”.
Prosecutors have not confirmed yet if they will pursue a retrial.
The next hearing is set for 2 November, where the judge said he plans to talk about picking a new trial date.
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