“NOT ENOUGH INFORMATION TO KEEP HER BEHIND BARS” — JANETTE MACAUSLAND’S ATTORNEY MAKES SHOCK BID TO DISMISS CHILD MURDER CASE

The Massachusetts mother is accused of killing her two young children. Now her defense attorney is asking a judge to dismiss the case and release her without bail.

A Massachusetts mother accused of killing her two young children has made a stunning legal move.

Janette MacAusland, 49, of Wellesley, is facing two first-degree murder charges in connection with the April deaths of her children, 7-year-old Kai and 6-year-old Ella.

But on Thursday, Sept. 10, her attorney, Joseph Krowski, asked a judge to dismiss the case and release MacAusland — arguing there was not enough information to justify keeping her behind bars.

The judge rejected the request.

MacAusland remains jailed without bail and has pleaded not guilty.

THE CASE THAT SHOCKED MASSACHUSETTS

According to court records cited by the New York Post, MacAusland allegedly arrived unexpectedly at her aunt’s home in Bennington, Vermont, in April with injuries across her neck.

Police were called to the home.

A Vermont police report says MacAusland allegedly told an officer that she had strangled her two children and then tried to end her own life.

Authorities later went to the family’s Wellesley home, where the children were found inside a bedroom.

Police reportedly described the scene as containing extensive blood evidence.

Prosecutors have charged MacAusland with two counts of first-degree murder.

However, the medical examiner’s office had not yet finalized the official manner of death at the time of Thursday’s hearing, according to prosecutors.

HER ATTORNEY WANTS THE CASE DISMISSED

Krowski argued that there was insufficient information to justify continuing to hold his client without bail.

The defense request came despite the prosecution’s allegations and the statements investigators say MacAusland made after arriving at her aunt’s home.

The judge ultimately denied the defense request.

MacAusland will therefore remain behind bars while the case proceeds.

A FAMILY CUSTODY BATTLE WAS ALREADY UNDERWAY

The case also unfolded against the backdrop of a bitter family dispute.

MacAusland’s husband, Samuel, filed for divorce in October 2025 after nine years of marriage, according to court filings.

The couple had been involved in a dispute over custody of their children and their family home.

Just days before the children’s deaths, a guardian had reportedly been appointed in connection with the custody proceedings.

The family had lived in a roughly $1.5 million home in the Boston suburb of Wellesley.

People who knew MacAusland previously described her as a loving and devoted mother.

THE MENTAL-HEALTH QUESTION

MacAusland’s case comes amid a wider national conversation about mental illness and criminal responsibility, particularly after the recent mistrial in the high-profile Lindsay Clancy case in Massachusetts.

Clancy’s defense argued that severe postpartum psychosis left her legally incapable of understanding her actions when her three children died.

MacAusland’s attorney has similarly raised broader questions about how the criminal justice system should respond when severe mental-health problems are involved.

But the two cases are separate, and MacAusland has not been found guilty of the charges against her.

THE CASE NOW MOVES FORWARD

For now, the judge has rejected the attempt to have the case dismissed.

MacAusland remains detained without bail while prosecutors continue building their case and await the medical examiner’s official determination.

The allegations against her remain just that — allegations — and she is presumed innocent unless proven guilty in court.

But one thing is clear: the case surrounding Kai and Ella is far from over.

A mother is behind bars. Two young children are gone. And now, after a dramatic request for dismissal, the fight over what happens next has moved back into the courtroom.