Wednesday, March 13 2013 7:23 AM EDT2013-03-13 11:23:32 GMT
Defense to cross-examine lead investigator in Lowe case and the jury is expected to see Lowe's videotaped interrogation. more>>
Defense to cross-examine lead investigator in Lowe case and the jury is expected to see Lowe's videotaped interrogation.more>>
GALLATIN, Tenn. - The high-profile trial of a Hendersonville woman accused of smothering her newborn twins is under way, and both sides agree that the defendant made no preparations for the babies' births.
Lindsay Lowe has been charged with two counts of premeditated murder, two counts of felony murder, and two counts of aggravated child abuse.
In court on Tuesday, attorneys described how the 26-year-old sought no prenatal care and bought no diapers or other supplies before giving birth to the boys at home on September 12, 2011.
Prosecutors suggested in their opening statements that Lowe's lack of preparations showed she never intended for the babies to live. District Attorney Ray Whitley said she cleaned up bathroom where she delivered because she shared it with her sister.
Lowe's defense attorney John Pellegrin said in his opening statement that the case is more than a case about an "evil mother." Lowe cried while Pellegrin painted her as a "good girl" who met her fiance at Western Kentucky, and was never in trouble.
But defense attorneys argued that Lowe had blocked the pregnancy from her mind, saying she didn't even know what was happening when she started to give birth.
Attorney John Pellegrin said Lowe thought "an organ" was coming out of her when she gave birth to the first baby on the toilet, and felt a baby's head and ear coming out. He said Lowe did not understand what was going on even when she gave birth to the second twin. She later put the two deceased babies in a laundry basket next to her bed. Her mother found one of the babies in a laundry basket when Lowe went to work, and her father called 911.
She was a bridesmaid in a wedding in Kentucky just days before giving birth, and did not understand why she started lactating.
Lowe told police she smothered the babies after they were born, but defense attorneys suggested that idea was planted by police.
The first witness called to the stand by the prosecution was the 911 dispatcher who took the call from Lowe's father. Lowe sobbed while they played the call for the court.
After a short sidebar, the prosecution then called the first officer who responded to the home following the 911 call. The state brought out a diagram of the Lowe family home to help demonstrate what was found at the home. The officer teared up when he recalled seeing Baby Boy Lowe #1 deceased.
He testified that the white laundry basket where the twins were found was to the right of Lowe's bed, beneath her bedroom window.
He added that officers on scene as well as Lowe's parents had no idea there was a second baby in the laundry basket until the detective who interviewed Lowe called and told them.
The prosecution showed pictures of the bathroom where the babies were born, as well of pictures of the babies after they were found in the laundry basket.
Detective Sgt. Jim Vaughn, testified that both babies were left in the basket, which was taken away from the Lowe home in an ambulance.
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.
Defense attorneys have argued that Lowe was mentally ill.
Prosecutors have said they will not seek the death penalty.
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.
On Monday, a jury of seven men and five women was seated. Three male alternates will also listen to arguments.
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.
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.