Judge allows statement to be used in Lindsey Lowe trial - Action News 5 - Memphis, Tennessee

Judge allows statement to be used in Lindsey Lowe trial

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GALLATIN, TN (WSMV) -

A judge has ruled the statement a Hendersonville woman gave to police can be used as evidence when she goes to trial next month for allegedly smothering her newborn twins.

Lindsey Lowe appeared in court Tuesday and sat silently as her defense attorney argued on her behalf about the pages and pages of text messages she exchanged with the father of her twin boys.

Lowe faces two counts of first-degree murder and aggravated child abuse in the September 2011 smothering deaths of the children in her parents' Sumner County home.

Prosecutors argued the texts showed premeditation on Lowe's part in the twins' deaths, and the state said the defense likely would like to limit or be more selective in using the messages to prove the relationship between Jeremy Smith and Lowe was forced.

In the end, Judge Dee Gay decided to wait until later to rule on that motion. He did, however, decide Tuesday that Lowe's statement to a detective two days after the twins were found dead in a laundry basket will be allowed in the trial.

"It's been our position all along that she was, in effect, in custody. Judge Gay disagrees with our analysis, but we believe that she would have not been able to have left if she had tried to leave - that she certainly would have been stopped," said defense attorney John Pellegrin.

"Obviously, she and the two babies were the only people there that particular night, so that's very important from our perspective. It's evidence in the case. We think it's very relevant to the issues going forward of what exactly took place," said Sumner County Assistant District Attorney Ron Blanton.

Next, there will be more motions heard, and then the jury will be selected ahead of the trial scheduled to begin March 11.

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