The Hendersonville woman convicted of first-degree murder in the 2011 deaths of her newborn twins has been granted a hearing in Sumner County Criminal Court that could result in a new trial.
Lindsey Lowe, who is now 33, was sentenced to life in prison in 2013 after a Sumner County jury found her guilty of two counts each of felony murder, first-degree premeditated murder and aggravated child abuse.
Police were called to the Lowe home in the Mansker Farms subdivision in September 2011 after Lowe’s father discovered a newborn’s body in a laundry basket in his daughter’s bedroom. The body of a second infant was later found in the same basket.
A videotaped interview of Lowe telling HPD Detective Steve Malach that she covered each twin’s mouth so that no one in her house would hear them cry after giving birth to them on a toilet, was a key piece of evidence during her trial that was broadcast live by Nashville news stations.
The Tennessee Court of Criminal Appeals upheld Lowe’s convictions and sentences in 2016, and the Tennessee Supreme Court denied her appeal in 2018. She also submitted a petition for a Writ of Certiorari to the U.S. Supreme Court. That petition was denied.
In September, Lowe’s attorney submitted a 52-page Petition for Post-Conviction Relief to Criminal Court Judge Dee David Gay – the same judge who presided over her trial.
Post-conviction relief allows a defendant to bring more evidence or raise additional issues in a case in the form of a post-trial motion.
It’s not uncommon for a defendant to file for post-conviction relief after losing a direct appeal, according to Sumner County Assistant District Attorney Ron Blanton.
If the motion is argued successfully, the judge may grant the petition and order a new trial. Some common arguments for post-conviction relief include ineffective or poor counsel on behalf of the defendant; misconduct by the prosecution or evidence of juror misconduct.
On Friday, Lowe’s attorney argued that although her Petition for Post-Conviction Relief was filed past the required deadline, the petition should still be heard because Lowe received inaccurate information from several attorneys about when the filing deadline was.
Gay granted the motion, and Lowe’s attorneys will argue for post-conviction relief in his court on Aug. 25, 2020.
“Judge Gay basically said that she can go forward with post-conviction relief,” said Blanton who estimates the August hearing will take three or four days.
“If he [Judge Gay] grants that motion, we get a whole new trial,” Blanton added.
Lowe’s attorney, Kimberly Hodde of Nashville, could not be reached for comment.