SUMNER COUNTY, Tenn. (WTVF) — A mother once-convicted of killing her newborn twins is now free. The question is: For how long?
A judge ordered that Lindsey Lowe get a new trial, but Tennessee Attorney General Jonathan Skrmetti disagreed. He is appealing that decision in an effort to return Lowe to prison.
What are the chances?
Lowe is free now after spending the past nine years behind bars.
A Sumner County judge vacated her double murder conviction after deciding she did not get a fair trial.
But, Skrmetti believes that's not the case.
Lowe was convicted after a nearly two-week trial back in 2013 of smothering her newborn infants to death.
But at a hearing this month, Lowe's attorney Kim Hodde revealed a woman — under oath during the selection process — wrote this on whether Lowe was innocent or guilty: She lied and killed her two infants.
That woman still made the jury.
"It is the most striking, direct, harmful prejudicial biased answer a juror can give," said Hodde.
Another jury member also told lawyers that the juror in question expressed bias against Lowe before the trial started.
"He said she has strong opinions against Lindsey Lowe from the beginning for guilt," said Lowe's former attorney John Pellegrin.
And then there was Lindsey's father Mark Lowe testifying he saw the juror pump her fist when she learned she made the jury.
"She goes like 'yes,' and then looks around to see if anyone saw her," said Mark Lowe.
District Attorney Ray Whitley said he spoke to the juror who vehemently denied she did a fist bump.
But the defense said they can call six more witnesses to confirm it happened.
All of this convinced Judge Dee Gay to order a new trial.
And yet the state is appealing.
"In this particular case, I don't think the attorney general will be successful appealing because of massive error that strikes at the heart of the judicial system and our justice system," said NewsChannel 5 legal analyst Nick Leonardo.
So, what argument will the state make on appeal?
No word on that yet, but most experts agree the chances of overturning the judge's ruling are slim. Skrmetti's appeal will likely not be heard until next year. In the meantime, Lowe remains free on bond.
No timetable has been set yet for her new trial.
