“NOT ENOUGH INFORMATION TO KEEP HER BEHIND BARS” — LAWYER MAKES SHOCKING BID TO DISMISS CASE AGAINST MOM ACCUSED OF KILLING HER TWO CHILDREN

Janette MacAusland’s attorney asked a judge to dismiss the case and release his client — but the request was denied.

A Massachusetts mother accused of killing her two young children is now at the center of a stunning legal battle after her attorney asked a judge to dismiss the case and release her from custody.

Janette MacAusland, 49, of Wellesley, Massachusetts, 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.

Her attorney, Joseph Krowski, made the request Thursday, arguing there was not enough information to justify keeping MacAusland behind bars.

The judge rejected the request.

MacAusland will remain detained without bail while the case proceeds. She has pleaded not guilty.

THE CASE THAT SHOCKED A MASSACHUSETTS COMMUNITY

According to court records cited by the New York Post, the children were found inside the family’s $1.5 million Wellesley home after police were contacted following an alarming sequence of events.

MacAusland had reportedly traveled roughly 140 miles to her aunt’s home in Bennington, Vermont.

When she arrived, police said she had wounds across her neck.

A Vermont police report states that MacAusland allegedly told an officer:

“I strangled them and then I tried to kill myself.”

She allegedly also said she wanted the three of them to “go to God together,” according to the report.

Those statements are part of the evidence reported in the case, but the charges against MacAusland remain allegations unless proven in court.

POLICE FOUND THE CHILDREN AT THE FAMILY HOME

After MacAusland arrived at her aunt’s home, authorities were contacted.

Wellesley police then went to the family residence, where they discovered Kai and Ella inside a bedroom.

Police dispatch audio reportedly described extensive blood evidence at the scene.

Kai, 7, and Ella, 6, were students at Schofield Elementary School, where Kai was in second grade and Ella was in kindergarten.

The community had known the children as part of what appeared from the outside to be a normal family.

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

But behind the scenes, the family was experiencing a difficult custody and divorce dispute.

A FAMILY COURT BATTLE WAS ALREADY UNDERWAY

MacAusland and her husband, Samuel, had been married for nine years before he filed for divorce in October 2025.

Court filings show the couple had been fighting over custody of their children and control of the family home.

The dispute escalated in the months before the children’s deaths.

A guardian was appointed for the children on April 21, 2026 — just three days before the tragedy, according to the New York Post.

That timeline has become one of the major details surrounding the investigation.

PROSECUTORS ARE STILL WAITING FOR A KEY DETERMINATION

During Thursday’s hearing, prosecutors told the court that they were still waiting for the medical examiner’s office to officially determine the children’s cause and manner of death.

Despite that unresolved medical determination, MacAusland remains charged with two counts of first-degree murder.

Her attorney argued that there was insufficient information to justify continuing her detention.

The judge ultimately disagreed and ordered that MacAusland remain behind bars without bail.

THE CASE COMES DAYS AFTER ANOTHER HIGH-PROFILE MASSACHUSETTS CHILD CASE

The legal development came less than a week after another closely watched Massachusetts case ended in a mistrial.

Lindsay Clancy, a Duxbury mother accused of killing her three children in 2023, faced a jury that ultimately failed to reach a unanimous verdict.

Her defense had argued that severe postpartum psychosis left her legally incapable of understanding her actions.

That case has reignited a national debate over mental illness, criminal responsibility and how mothers accused of harming their children should be prosecuted.

MacAusland’s attorney has now entered that broader conversation.

According to reports, he argued that his client should not simply be treated as another criminal defendant and called for a different approach to women suffering from profound mental-health problems.

BUT THE JUDGE SAID NO

For now, there will be no immediate release.

The judge denied the defense request and ordered MacAusland to remain in custody without bail.

The prosecution continues to build its case while investigators await additional medical findings.

And with the family’s custody battle, the alleged statements to police and the circumstances surrounding the children’s deaths all under scrutiny, the case is far from over.

A mother accused of killing her two children.
A lawyer demanding the case be dismissed.
And a judge who just said no.

The next chapters could determine whether this case moves toward trial — or takes another unexpected turn.