A mom found guilty to killing her newborn twins could get another day in court. Lindsay Lowe’s attorney, David Raybin, filed an appeal with the Supreme Court of Tennessee Friday.
The court paper work asked for a review of the Court of Criminal Appeals judgment to uphold Lowe’s charges and sentences.
A Sumner County jury found Lowe guilty on two counts of murder and two counts of aggravated child abuse.
Lowe’s attorney, David Raybin said she did not get a fair trial.
“The jury did not have all the facts and you can't have justice unless you have a jury hearing everything,” Raybin Said.
The Hendersonville woman smothered her newborn twins to death in 2011. Raybin said some key evidence for the defense could not be presented during Lowe’s trial due to the judge’s ruling. He added there were significant errors in her case.
“One dealt with her statement to the police, where we think that her statement was without benefit of Mirada warnings,” Raybin said. “Her house was searched where the search warrants that were defective.”
In the appeal Raybin also argued Lowe’s psychiatrist should have been allowed a full testimony. During the 2013 trial, the judge ruled some of the defense’s evidence from the psychiatrist could not be used.
“The psychiatrist was going to testify as to her mental state and the technique of the officer, which made her statement unreliable,” Raybin said.
Lowe was 24-years-old when she killed her twin boys. If the Supreme Court of Tennessee agrees to hear arguments for an appeal, Lowe’s case could have an impact on state law for decades to come.
“We're saying our Supreme Court should not only make it very clear for Lindsay, but for all the other folks who are faced with criminal trials, that they should have the right to put that kind of evidence on to a jury, Rabin said.
NewsChannel 5 reached out to the State Attorney General’s office for comment, but still no word. A spokesperson for the Tennessee Supreme Court said, there is no prescribed time in which the Court will make its decision if it will hear the appeal.
Lowe is serving a more than 50-year sentence at the Tennessee Prison for Women in Nashville.
