GALLATIN, Tenn. - A jury consisting of seven men, five women, and three male alternates has been seated in the murder trial of Lindsey Lowe. Lowe is accused of killing her newborn twins.
Attorneys questioned 180 potential jurors. Each juror had to fill out a questionnaire so the prosecution and defense could determine who to dismiss. Lowe watched as those jurors answered various questions, and some were excused by either Judge Dee Gay or either side.
Some of the questions were very direct, including whether jurors could look at photographs of the deceased twins, or exactly how much pre-trial publicity jurors had seen or read.
NewsChannel 5's Legal Analyst Nick Leonardo said the jurors selected may give a slight edge to the prosecution.
"I think with more men, there will be less empathy for the defendant, and less chance of identifying with her," said Leonardo.
Police said Lindsey Lowe confessed she hid her pregnancy from everyone before giving birth at home in September 2011. The 26-year-old said she covered the boys' mouths after they were born to prevent her parents from hearing their cries. 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.
Leonardo said the defense will argue Lowe was mentally ill when she killed the children.
"I'm going to be looking to see what the experts testify to, as whether or not Ms. Lowe had the ability to form the mental intent to be convicted of the charges for which she is charged," said Leonardo.
Last week, a judge again ruled Lowe's confession admissible along with text messages between her and Jeffrey Smith, the babies' 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.
Lowe was released on bond shortly after her arrest in 2011. She faces two counts of premeditated murder, two counts of felony murder, and two counts of aggravated child abuse.
Jurors will not be sequestered, meaning they can go home every night, as long as they abide by the rules. The trial will take about five days now that the jury is seated. The trial will only go to 5 p.m. on weekdays.
Final jury instructions and opening statements will begin Tuesday.
NewsChannel 5 will carry gavel-to-gavel coverage across all platforms of the NewsChannel 5 Network, including NewsChannel 5+, NewsChannel5.com, and our mobile app.