“NOT ENOUGH INFORMATION TO KEEP HER BEHIND BARS” — LAWYER MAKES SHOCK BID TO DISMISS CASE AGAINST MASSACHUSETTS MOM

Janette MacAusland is accused of killing her two young children. Now, her 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 dramatic new move in court — as her defense attorney asked a judge to dismiss the case and allow her to walk free.

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

But on Thursday, September 10, her attorney, Joseph Krowski, argued that there was not enough information to justify keeping his client behind bars.

The judge rejected the request.

MacAusland remains detained without bail and has pleaded not guilty.

THE SHOCKING ALLEGATION AT THE CENTER OF THE CASE

The case began in April, when MacAusland allegedly traveled to Vermont after the children were found at the family’s Wellesley home.

According to a Vermont police report cited by the New York Post, MacAusland arrived at her aunt’s home in Bennington with injuries to her neck.

When police responded, she allegedly made a statement about what had happened to her children.

“I strangled them and then I tried to kill myself,” she allegedly told an officer, according to the report.

She also allegedly said that she wanted the three of them to go to God together, but that her attempt had failed.

The statements are allegations contained in police records and have not been established as facts at trial.

POLICE FOUND THE CHILDREN AT THEIR HOME

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

Wellesley officers subsequently went to the family’s approximately $1.5 million home, where they found Kai and Ella inside a bedroom.

According to dispatch audio cited by the Post, officers reported extensive blood evidence inside the property.

The children were students at Schofield Elementary School, with Kai in second grade and Ella in kindergarten.

Their deaths shocked the Wellesley community, particularly because people who knew the family had previously described MacAusland as a loving and devoted mother.

A FAMILY CUSTODY BATTLE HAD BEEN UNFOLDING

Court records show that MacAusland had been involved in a contentious custody dispute with her husband, Samuel MacAusland.

Samuel filed for divorce in October 2025 after nine years of marriage and was seeking custody of the children as well as the family home.

The parents had also sought the appointment of a third party to make recommendations regarding custody.

A guardian was appointed on April 21 — just three days before the children’s deaths, according to the Post.

The custody dispute is now an important part of the background surrounding the case, although it does not by itself establish a motive.

PROSECUTORS SAY THE CASE IS NOT READY TO DISAPPEAR

MacAusland’s attorney argued Thursday that there was insufficient information to continue holding her behind bars.

But prosecutors told the court they were still awaiting the medical examiner’s official determination concerning the children’s manner of death.

The judge ultimately denied the defense requests.

MacAusland will therefore remain in custody without bail while the case proceeds.

THE CASE HAS DRAWN COMPARISONS TO LINDSAY CLANCY

The latest court development comes just days after another Massachusetts child-death case ended in a mistrial.

In the case of Lindsay Clancy, prosecutors accused the former nurse of killing her three children, while her defense argued that severe postpartum psychosis left her legally insane.

A jury failed to reach a unanimous verdict, resulting in a mistrial.

MacAusland’s attorney has pushed back against comparisons between the two cases, saying his client should not simply be treated as another version of Clancy.

The defense has also raised broader questions about how the criminal justice system handles defendants accused of suffering from serious mental-health problems.

WHAT HAPPENS NEXT?

For now, MacAusland remains behind bars as prosecutors continue building their case.

The defense has already made its position clear: her attorney believes the available information does not justify continued detention and has asked the court to take a different approach.

Prosecutors, meanwhile, are still awaiting key medical findings.

That leaves the case at a critical stage.

A mother is accused of taking the lives of her two young children.

Her defense is challenging the government’s case before a trial has even taken place.

And investigators and prosecutors are still working to establish exactly what happened inside the Wellesley home.

THE QUESTION NOW ISN’T JUST WHAT HAPPENED TO KAI AND ELLA — BUT WHETHER THE CASE AGAINST THEIR MOTHER WILL EVER REACH A JURY.

MacAusland remains presumed innocent unless and until proven guilty in court.