Accused North Carolina Mom Plans Insanity Defense as Retired Judge Warns Lindsay Clancy Strategy Could Spread

A North Carolina mother accused of killing her young son plans to pursue an insanity defense, a strategy that is already inviting comparisons to the case of Lindsay Clancy and prompting debate over whether similar arguments could appear more frequently in serious criminal prosecutions.

Andrea Faust, 41, faces charges of murder and attempted murder after authorities say her 3-year-old son died Feb. 12 and her 2-year-old son was injured during an incident at the family’s home in Durham, North Carolina.

Court filings show Faust’s defense team has notified prosecutors that it intends to argue not guilty by reason of insanity and diminished capacity, WRAL reported.

The Durham case is being viewed alongside Clancy’s ongoing case in Massachusetts. Retired Massachusetts Superior Court Judge Jack Lu said the national attention surrounding Clancy could lead to more defendants raising similar claims tied to postpartum mental-health conditions.

Clancy has pleaded not guilty by reason of lack of criminal responsibility in the 2023 deaths of her three children. Her defense argued she suffered from postpartum psychosis, while prosecutors argue she understood her actions and acted deliberately.

Jurors ended a second day of deliberations Friday without reaching a verdict. They will return on Monday morning to continue working toward a verdict.

In Faust’s case, the filing does not establish that she was legally insane or had diminished capacity. Her attorney, Nicole Galinsky, told the local outlet that a defense expert concluded Faust could not distinguish right from wrong during the alleged murders.

“Andrea and Lindsay’s cases are eerily similar, though not entirely the same,” Galinsky told News Media.  

Galinsky noted that Faust was not suffering from postpartum psychosis. 

“However, both women were known to be loving, doting, responsible mothers who were worried about and caring for their children up until the very second they decided to kill them,” Galinsky said, adding that Faust and Clancy were both struggling with similar issues, including hallucinations, hospitalizations and mental health. 

“Neither woman did this out of the blue,” Galinsky said in an email. “Both were struggling enormously with their mental health. But, like most women and almost all moms, they were just trying to get through each day, care for their children, be a good mom/wife/employee. Both were seeking help from doctors who weren’t really taking their concerns seriously.

“Both of these cases highlight the failure in our society to take women and mothers seriously when it comes to their mental health. Both of these women advocated for themselves countless times and—for what? It got them nowhere.  

“I am hopeful that our case will demonstrate how to properly treat and rehabilitate a woman living her own worst nightmare. Lindsay Clancy was not given that luxury.”

ALSO READ: Lanterns Episode 3 Reveals John Stewart’s Twisted Backstory

Lu said society and the legal system have not fully understood the effects postpartum mental illness can have on behavior and criminal responsibility.

“Most of the time, these criminal responsibility, insanity, mental health defenses are unsuccessful,” Lu told News Media.

Although he is not a mental-health expert, Lu said the Clancy trial has challenged and changed his own understanding of what a person might experience.

“I had no real understanding of what a person like Ms. Clancy was going through until this trial,” he said.

Faust was found incapable of proceeding to trial in March after court records documented serious concerns about her mental health and safety, according to WRAL.

Central Regional Hospital later found her capable of proceeding as of May 21. Her attorney said another evaluation would examine her mental state at the time of the alleged offenses.

Lu said mental-health defenses should receive more serious consideration because they can explain behavior and reduce moral culpability. But allegations involving children create an especially difficult path with jurors, he said.

“These cases should have legs,” Lu said, “but unfortunately society and juries don’t give them much credence.”