Judge Again Rules Lindsey Lowe's Confession Admissible
HENDERSONVILLE, Tenn. – A judge has once again ruled that Lindsey Lowe's confession will be allowed at her upcoming trial.
On Monday, Judge Dee Gay ruled the defense did not demonstrate enough evidence to be granted an appeal. In November, he ruled Lindsey Lowe's detailed confession is admissible.
Lowe allegedly made a statement to police following her arrest in September 2011 that implicated herself in the deaths of her newborn twins.
Her attorneys had previously asked a judge to throw out the confession, claiming she had not been properly mirandized, but it had been denied.
"I'm glad that the judge ruled the way it did. I'm not surprised that he did, but you never know how a hearing is going to come out in court," said Sumner Co. District Attorney General Ray Whitley.
Lowe's attorneys, who declined to comment after Monday's hearing, argued without her statement to police that there was no evidence a crime was committed. Under that logic, the attorney said prosecuting a case where no crime was committed would waste the court's time and money.
In late November, the judge said he would make his decision on a change of venue request when jury selection begins. Her attorneys have asked for the trial to be moved out of Middle Tennessee because they believe Lowe would not receive a fair trial in the county because of all the media attention the case has received.
In 2011, police testified that Lowe not only admitted to killing her newborn twins, but she explained how she did it. According to an affidavit, Lowe hid her pregnancy from her family and may have never visited a doctor.
In the confession, police said Lowe smothered the infants after they were born in a toilet in her parents' home on September 12, 2011. When the babies began to cry, police testified that Lowe said she put her hands over their mouth and kept it there until they died.
Her father discovered one of the babies in a laundry basket two days later and called 911.
In a preliminary hearing in 2011, a detective testified that the father of the newborn twins was not Lowe's fiance, but rather a man she had an affair with in December 2010 and January 2011.
Lowe was released on bond shortly after her arrest last year. Her trial date is tentatively scheduled for March 11, 2013.
Lowe has pleaded notguilty in the murders. The district attorney announced in November that they would not seek the death penalty.
Each count of murder carries the possibility of a life sentence.