Janette MacAusland, Wellesley, Massachusetts mom who strangled 2 kids asks for case to be dismissed amid comparisons to that of other alleged killer moms, Lindsay Clancy and Corie Walsh & to what degree mental illness ought to expunge a parent from legal culpability?
The attorney of a Wellesley, Massachusetts mother accused of strangling her two young children to death has asked to have the mom’s case dismissed.
Janette MacAusland, 49, is charged with two counts of murder in the deaths of Kai MacAusland, 7, and Ella MacAusland, 6, who were found dead in their Edgemoor Avenue home on April 24.
Hysterical mom showed up at aunt’s house saying she ‘wanted the 3 of them to go to God together’
Police said MacAusland fled the scene and showed up ‘hysterical’ at her aunt’s home in Vermont, where she was arrested.
At some point, MacAusland is alleged to have told the family member, ‘I wanted the three of us to go to God together, but it didn’t work.’
Arresting officers at the scene said MacAusland was carrying a holiday photo of the family that included her two children.
Asked about the children’s whereabouts the mom is alleged to have answered, ‘I strangled them, and then I tried to kill myself.’
At the time of the children’s slayings, MacAusland and the children’s father were in the process of getting divorced and embroiled in a child custody dispute.
Alleged killer mom lawyer asks for case to be dismissed
In court Thursday, prosecutors said they are still waiting on the official manner and cause of death from the Office of the Chief Medical Examiner, WMTW reported.
MacAusland’s attorney, Joseph Krowski, asked for the case to be dismissed or for his client to be released on bail because of the lack of information. However, the judge ruled that she will continue to be held without bail.
‘Clearly, she was and is suffering. And like too many other women, institutions have failed her,’ Krowski said.
The case has led to comparisons to that of Massachusetts mom, Lindsay Clancy, who is accused of killing her 3 kids, and then attempting to take her own life. Lawyers for the woman have cited postpartum psychoses and alleging the killer mom should be ‘found not guilty by reasons of insanity.’
A jury last week were unable to come to a unanimous decision on the mom’s murder trial with the judge declaring a mistrial and the case now set to possibly go back to trial for a 3rd time.
Of note, prosecutors conceded that Clancy had severe mental illness, while insisting the parent was able to understand and control her actions.
Moms struggling with mental health issues and whether they ought to be held legally culpable?
MacAusland’s case like Clancy’s has has brought increased attention to mothers struggling with mental health issues and whether the mothers ought to be found legally culpable in the slaying of their own children as the defense has sought to do in the case of Frankfort, Illinois mom, Corie Walsh.
Legal analyst Greg Henning speaking to WCVB told the outlet, ‘There’s a large percentage of people out there that are empathetic to women who have suffered through postpartum depression or issues related to childbirth.’
MacAusland’s attorney said it is too early to discuss defense strategies but shared a message for prosecutors.
‘Let’s not go back and fall back on the default position that when a woman is mentally ill, we automatically prosecute her to the fullest extent of the law,’ Krowski said.
And then there were these comments below on social media that caught this author’s attention. See what you think?
‘I wonder if the same reason would be used if it was the father and not the mother?’
‘The Lindsay Clancy case is setting a very dangerous precedent. There are only 2 questions that need answered in terms of guilt, 1) did the mother know her actions were detrimental to her children’s literal lives? 2) is murder still wrong?’
‘I find it interesting that every single one of these women lived in nice houses & probably had some of the best insurance & access to plenty of medical providers who could have helped them before it got the the point of wanting to k ill their children. If you want to k**l yourself, fine but leave the innocent children OUT OF IT!!
‘There are women who are poor & have very little resources available to them & they’ve never once thought about harming their children.’
Mentally ill or not the only question that matters is did she know what she was doing was wrong. Or at least have known what she was doing was wrong.’
‘Mentally ill or not does not excuse murder! But only perhaps the type of punishment….’
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