Carol Erskine
August 26, 2026
The Justice File is a platform for truth, accountability, and reform—focused on how the law affects vulnerable children. Founded by former Massachusetts Juvenile Court Judge Carol Erskine, a Top Ten Massachusetts lawyer and author of A Cruel Injustice, the site features analysis, trial commentary, and investigative reporting on child welfare, constitutional rights, and domestic violence. Drawing on 21 years on the bench, Judge Erskine exposes systemic failures and calls for justice through articles, media appearances, and legal commentary.
Sweet Harmony Montgomery should still be alive. Instead, her tragic death has left her half-brother Jamison—now adopted by two loving dads—grieving the sister he adored. Unaware of the public outrage surrounding her case, Jamison simply says, “I wish she wouldn’t have died.” When a Massachusetts court gave custody of Harmony to her violent father in New Hampshire, her fate was sealed. Even in death, officials and lawyers have worked to silence her story to protect their own failures.
Defense attorney Kevin Reddington explicitly stated today that there are “many issues” for a potential appeal if there is a conviction. Let me count the ways:
1. Improper opening statements by the CW
2. Violation of evidentiary rules (Catholicism and mortal sin X 2)
3. Denial
Why might the Clancy jury be taking so long? One issue worth considering is what the jury was told about the consequences of its verdict.
The defense requested a "Mutina instruction" for an important reason: to prevent jurors from believing that a verdict of not guilty by reason
My thanks to Michael Ruiz, @mikerreports of Fox News for giving me the opportunity to explain the law in Massachusetts and to answer a question that so many people have asked: What happens to Lindsay Clancy if she is found not guilty by reason of insanity?
If Lindsay Clancy is found not guilty by reason of insanity (lack of criminal responsibility in Mass.) this is a full explanation of exactly how the law works and what can happen:
Under G.L. c. 123, § 16, the court may first order her hospitalized for up to 40 days for
