Legal Strategy For Woman Accused Of Killing Newborn Twins - | Nashville News, Weather & Sports

Legal Strategy For Woman Accused Of Killing Newborn Twins

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by Nick Beres

NASHVILLE, Tenn. - Lindsey Lowe has been charged with first degree murder in the 2011 deaths of her newborn twins. Her trial is scheduled to begin March 11.

"Lindsey is not a monster," said one of her fellow church members. 

Her lawyers know that is exactly what they will have to convince a jury to believe. This much is known: Lowe hid her pregnancy for nine months, secretly gave birth in a bathroom, and then confessed to killing her newborn twins two years ago.

"She figured she would smother and put hands over the child's mouth until it would not breathe. I asked her if she knew they were dead and she said yes," said a detective who investigated the case in 2011.

Prosecutors have charged Lowe with two counts of first degree murder. She pleaded not guilty. The question is: What will her defense be?

"She could have lost a large amount of blood and not had the capacity for intent to commit these crimes," said Nick Leonardo, NewsChannel 5's legal analyst. He said Lowe's attorneys will likely argue "diminished capacity" -- claiming that she did not comprehend her own actions.

"How do we know this was an intentional killing? We don't know," said Leonardo.

But prosecutors will likely argue that Lowe killed the infants, in part,  to conceal an affair that led to her pregnancy. At the time she was engaged to John Brooks, but DNA on the infants found he was not the father.

Investigators learned the mystery father is Jeremy Smith, who lives in Kentucky.  He was subpoenaed to testify on behalf of the prosecution at trial.  NewsChannel 5 spoke to him by phone. Smith said:

  • He did not know Lowe was pregnant.
  • He initially did not believe detectives when they called to tell him he was the father of twins.
  • Smith says he himself is a twin.
  • He plans to testify for the prosecution.
  • Smith said he'll explain at trial how he met Lowe.

"I think the prosecution will call him to try to strike a cord with the jury by showing the father who never got to know the two sons that he lost," said Leonardo.

Despite all the pre-trial publicity there will be no change of venue. Jurors will be selected from Sumner County and Leonardo said it's unlikely they will relate to Lowe.

"I don't think anyone in that jury box is going to say 'yeah I've been there. I've been to the point where I wanted to kill my newborn children,'" he said.

Lowe and her attorneys hope the jury believes she did not mean to kill her infants and if she is found guilty of anything it be of something other that first degree murder and a life sentence.

Jurors will have the option of finding Lowe guilty of several lesser charges from second degree murder to manslaughter to reckless homicide.

Barring any last second legal issues, the trial is set to begin March 11.

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