Judge Rules Confession Will Be Allowed At Lowe Murder Trial - NewsChannel5.com | Nashville News, Weather & Sports

Judge Rules Confession Will Be Allowed At Lowe Murder Trial

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GALLATIN, Tenn. – A Sumner County judge has once again ruled that Lindsey Lowe's detailed statements to police will be allowed in her upcoming murder trial. Lowe has been accused of smothering her newborn twins to death. 

The judge upheld a previous ruling that Lowe's confession to a detective will be admissible, saying that Lowe was not technically in custody at the time, and did not need to be read her Miranda rights.

During a motions hearing on Tuesday, prosecutors also presented new text messages between Lindsey Lowe and Jeremy Smith, the father of the twins, to the court. They said they only just discovered the texts because Smith had two different cell phones.

"I can tell you that I feel they are important," said Sumner County Assistant District Attorney General Ron Blanton. "They are another piece of the evidence of this case we think that the jury should be entitled to hear them."

The state hopes to prove the pair had a relationship, and believes the defense will try to prove it was "forced," and not romantic.

Prosecutors said the evidence proves that Lowe believed she could not have babies through the relationship with Smith. Lowe was engaged to another man when she got pregnant.

The defense argued against allowing the texts in the trial, saying they only received the evidence on Friday.

The defense also requested a change of venue to get the highly publicized case in front of jurors who haven't seen constant media coverage of the case.  

"Just because of all the publicity.  We realize this has gotten publicity larger than the Middle Tennessee area, but at the same time, I think it's more in the minds of people here than in West Tennessee or East Tennessee," said John Pellegrin, Lowe's attorney.

Judge Dee Gay will rule on those motions before the trial, scheduled to begin March 11. He has scheduled a pre-trial hearing on March 5.

Ahead of the hearing, the the Tennessee Court of Appeals affirmed the judge's denial of a motion from the defense that called for him to recuse himself.

Lowe has been charged with two counts of first degree murder in the deaths of her newborn twins. Lowe has pleaded not guilty, despite her confession to police after her arrest in September 2011.

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.

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.

Smith, who lives in Kentucky, spoke to NewsChannel 5 by phone recently. He has been subpoenaed to testify on behalf of the prosecution at the upcoming trial. Smith told NewsChannel 5 that he did not know Lowe was pregnant, and that he will explain at the trial how he met Lowe. He also said he is actually a twin, and initially did not believe detectives when they called to tell him about the twins.

Unless the change of venue is granted, jurors will be selected from Sumner County. Lowe was released on bond shortly after her arrest last year.

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.

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