Lowe Scolded For Outburst; Defense Accuses Father Of Rape
Forensic pathologist Brent Davis, M.D
GALLATIN, Tenn. – It's been a busy day in court at the Lindsey Lowe murder trial. Lowe was scolded by the judge, and the man who fathered her twins finally appeared in court, all before her defense began making its case to the jury on why she didn't know what she was doing.
The scolding came because of Lowe's emotional outburst late Wednesday while jurors were shown text messages between her and the babies' father, Jeremy Smith. She also started to hyperventilate when Smith took the stand.
The judge said Lowe was showing too much emotion in front of the jury especially when the father of her twins was on the stand.
"I will not have you sitting there, acting like a child or displaying emotion uncontrolled. The next time this happens, you will be excluded from this courtroom," said Judge Dee David Gay.
Lowe has kept quiet and emotionless since then.
The father of newborn twins twin boys found dead in their mother's laundry basket two days after their birth testified he was "shocked" and initially hung up on a police detective who called to tell them about the deaths.
Smith took the stand Thursday on the third day of testimony in the trial for Lindsey Lowe, who is accused of smothering the twins after giving birth to them in the toilet of her family's home in Hendersonville in September 2011.
The defense basically attacked Smith, asking if he forced himself on Lowe, something he denied.
Defense attorneys also brought their own forensic psychiatrist who said Lowe was the victim of a "date rape" and suffered from a number of mental issues - including major depressive disorder, post-traumatic stress disorder and pregnancy denial which made her not understand what she was doing.
Smith testified he met Lowe on a boat on Old Hickory Lake in April/May 2010. He said their relationship was mostly texting at first, but they went on three dates and had unprotected sex once.
Smith told jurors in Gallatin that he had no contact with Lowe after they had sex in January 2011. He said he hung up on the police detective who called him to tell him about the twins' deaths. He said he told the caller "This isn't April Fools," and hung up.
Smith also told the courtroom he is a twin himself, and that twins run in his family line.
During cross examination, Lowe's attorney asked about the text messages that were displayed in court on Wednesday that showed that Smith had sent Lowe a text that said he wanted to marry her, and wanted her to be the mother his kids.
Attorney John Pellegrin asked Smith about their sexual encounters, and Smith denied that he forced himself on Lowe.
Smith told the courtroom that he would have taken care of the twins, but the defense countered that he does not pay child support for his daughter.
After a recess, Judge Dee Gay scolded Lowe for acting "like a child" during her outburst Wednesday and for being emotional.
Forensic pathologist Brent Davis, M.D., who performed the autopsies on the twins, was called to the stand after the recess.
He testified that both of the babies were roughly 40 weeks old when they were born. He said they were both 6.5 pounds and healthy.
Davis said he found both of their causes of death were suffocation due to smothering.
"These kids were born healthy. This was a homicide," Davis testified.
On cross examination, Davis agreed with the defense's assertion that it would be possible if the second child's birth in the toilet could smother the first baby still in the toilet. He also said it was possible the afterbirth could have smothered the babies.
Pellegrin pointed out to the jury after these assertions that it could not be said that Lowe smothered the babies with her bare hands, as she confessed in a video tape shown Wednesday in court.
He also added that the autopsy cannot show the babies cried, although it showed they had air in their lungs.
The state rested shortly before lunchtime Thursday. The judge denied a motion of acquittal from the defense, saying that the prosecution had proved Lowe killed the babies.
On Wednesday, Lowe broke down in tears when texts between her and Smith were read, and the trial was stopped for a brief recess before Lowe left the courtroom.
Earlier Wednesday, jurors watched the videotaped confession Lowe gave police roughly 36-hours after giving birth to her newborn twins.
"The first one was a little louder so. I mean, I don't think they're definitely not like drowning but maybe just kind of like -- I don't know. I don't want to call it smother. I was just trying to like keep him quiet," Lowe said in the interview.
"How were you doing that?" Detective Steve Malach asked her.
"Just put my hand down there over the mouth," Lowe said.
Prosecutors are trying to prove the killings were premeditated and have suggested they were intended to hide the affair.
Defense attorney John Pellegrin said during opening statements Lowe was in denial about her pregnancy to such an extent that she thought she had breast cancer when she began lactating, shortly before the birth.
Pellegrin also suggested that police planted the idea with Lowe that she smothered the infants.
On Tuesday, the jury saw and heard graphic testimony from the first responders on the scene. They were shown photos of Lowe's bedroom and the deceased newborn babies.
Lowe is charged with murder after telling police she suffocated the babies after their birth on September 12, 2011.
Defense attorneys have suggested that police planted the idea with Lowe when she was in no condition to be interrogated.
Lowe, who is now 26, hid her pregnancy from everyone before giving birth in the bathroom of the house she shared with her parents and sister.
Lowe was released on $250,000 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 are not sequestered, meaning they are able to go home every night, as long as they abide by the rules. The trial will not continue on the weekends.
Be sure to watch our gavel-to-gavel coverage from inside the courtroom on NewsChannel 5+, NewsChannel5.com, and on our mobile app.
Wednesday, December 18 2013 9:05 PM EST2013-12-19 02:05:54 GMT
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