Lindsey Lowe Appears In Court Ahead Of Murder Trial - NewsChannel5.com | Nashville News, Weather & Sports

Lindsey Lowe Appears In Court Ahead Of Murder Trial

Posted: Updated:

by Adam Ghassemi

GALLATIN, Tenn. – Lindsey Lowe appeared in court Thursday for one of the final pre-trial motion hearings before her murder trial officially begins. Her attorneys filed the motion to keep text messages between her and her babies' father, Jeremy Smith, out of case evidence.

Prosecutors said jurors must read them because they prove premeditated murder.

"By killing the babies it would conceal the affair that she had between her and Jeremy Smith while she is engaged to another individual," said Sumner Co. Assistant District Attorney General Ron Blanton in court.

TBI Computer Forensics Examiner James Garnett testified to recovering more than 16,000 texts and more than 100,000 images and videos from Lowe's iPhone and Smith's two cell phones from around the time they conceived the twins.

Judge Dee Gay ruled those texts are admissible.

"These texts are relevant. These texts do go to the issue of premeditation," Gay said.

"We feel like that's important to premeditation, which is one of the elements of first degree murder we have to prove. It establishes the nature of the relationship between Jeremy Smith and Lindsey Lowe," said Sumner County District Attorney General Ray Whitley.  "It'll come out in trial why that is important."

Now Lowe's defense team must prepare for trial.

They said her demeanor really hasn't changed since she admitted to smothering her two infant sons just after giving birth in her parents Hendersonville home in September 2011. She faces two counts of first degree murder, one for each baby.

"She's been despondent and depressed and so forth and has been ever since I met her," said defense attorney John Pellegrin.

Lowe could also see her web search and site history from the days before and just after her sons were killed come up during rebuttal and cross examination.

Her attorneys were also seeking a change of venue, but requested the jury not be sequestered.

"If they're going to get access to information whether they're sequestered or not they're probably going to get that information anyway. We just trust the jury will do as instructed and consider only what comes from the witness stand," Pellegrin went on to say.

One hundred and eighty people comprise the jury pool. The prosecution and defense must agree on twelve jurors and three alternates, which both sides believe they can do. If not, a jury would have to be brought in from somewhere else or the most unlikely option would be moving the entire trial to a new venue.

NewsChannel 5 will begin coverage of the Lindsey Lowe trial on Monday. We will carry gavel-to-gavel coverage once jury selection is complete across all platforms of the NewsChannel 5 Network, including NewsChannel 5 Plus, NewsChannel5.com and our mobile app.

Email: aghassemi@newschannel5.com
Facebook: facebook.com/NC5AdamGhassemi
Twitter: twitter.com/NC5_AGhassemi

Powered by WorldNow
Powered by WorldNow
All content © Copyright 2000 - 2014 NewsChannel 5 (WTVF-TV) and WorldNow. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.