Will Lindsey Lowe stand trial again, charged with killing her twins?

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Posted at 4:19 PM, Dec 12, 2022
and last updated 2022-12-12 19:59:20-05

GALLATIN, Tenn. (WTVF) — The mother once convicted of killing her newborn twins is now out of prison and working a job, with her conviction overturned just last month.

And it will likely be years before Lindsey Lowe ever stands trial again, with some questioning whether Lowe will do any more than the nine years she's already served. The stunning reversal in this high-profile case has so many wondering what happens next. That will be determined here by the justices in the state appellate court.

Lowe was convicted back in 2013 of smothering her newborn infants to death and sentenced to life in prison.

But last month, she went free after serving less than a decade of a life sentence.

"The judge released her and ordered her to live with her family," said attorney David Raybin who assisted on the Lowe case.

He said she is now working a job, living at home and getting on with her life.

The reversal of fortune came after a shocking revelation last month.

"It is the most striking, direct, harmful prejudicial biased answer a juror can give," said Kim Hodde, Lowe's other attorney.

Hodde revealed a woman under oath during the jury selection process revealed bias on whether she thought Lowe was innocent or guilty, writing that she believed Lowe: She lied and killed her two infants. That woman still ended up on the jury.

"She said one thing in there and another thing directly to the judge himself — not just to the lawyers," said Raybin.

This left the judge no choice but to vacate the conviction.

NewsChannel 5 has learned the DA is appealing the judge's decision, but a victory is unlikely.

"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 NewsChannel5 legal analyst Nick Leonardo.

But the appeal process further delays plans for a potential new trial.

A trial under the best of circumstances will not happen now for at least two years and will cost taxpayers thousands of dollars to do it all again.

And many have asked: could the juror who caused this face criminal charges?

The answer is yes, but indications are the juror, in this case, will not be charged.

A new trial for Lowe is expected to happen considering she is charged with killing infant twins.

But lawyers say doing so more than a decade after the alleged crime occurred comes with many problems — from recovering evidence to relocating witnesses.

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