By: Nick Beres
GALLATIN, Tenn. (WTVF) — A judge has granted a new trial for a woman convicted of killing her newborn twins in 2011.
Nine years after she was convicted of killing her newborn twins, Lindsey Lowe returned to Sumner County asking for a new trial. She and her new attorney argued that Lindsey had poor legal representation at her first trial and that at least one juror was biased against her.
Following the judge ordering a new trial, Lowe will be released from prison on bond. She has already served nine years of a 56-year sentence.
This was a very high-profile case — one that shocked Middle Tennessee — and received national news coverage. After several days of testimony, the jury decided Lowe smothered her newborn twins to death after giving birth in a bathroom.
But now, in a stunning development — Judge Gay has ordered a new trial for Lowe.
The judge determined a juror with an agenda against Lowe was untruthful in an effort to get onto the jury and possibly influence the verdict.
In his written order Judge Gay wrote:
“Juror #17 was untruthful and possibly lied outright about her preconceived opinion concerning the Petitioner.”
That is something that is not dismissed from the mind easily.
The Court has concluded from the evidence that juror #17 either lied or concealed her opinion to carry that opinion into the jury trial.
The possibility of prejudice cannot be ignored under these circumstances, especially in this case where the petitioner is serving two life sentences.
As a result, the petitioner’s right to a trial by a fair and impartial jury was significantly impaired. Therefore, the Court grants Petitioner’s Request for Post-Conviction relief on this issue and orders a new trial.
Can you see the irony here?
Judge Gay orders a new trial because of evidence a juror wanted her found guilty.
Who knows if that juror really made a difference?
WTVF’s Nick Beres thinks it’s likely the verdict would have been the same with or without her.
But now, Lowe goes free and gets a new trial with a new jury and a new team of attorneys. The result could be a different verdict, all because of this juror’s conduct.
It remains to be seen if that juror will be prosecuted for perjury.
Prosecutors could appeal the judge’s decision, but if they do WTVF’s Nick Beres is certain the order for new trial will be upheld.
Her new legal team will call many experts that her attorney during the first trial inexplicably failed to call and will argue this was not First-Degree murder.
If a jury finds her guilty of a lesser charge, Lowe likely will face no more time in prison.
She’s already done nine years and will be released on time served.
This story was originally published Oct. 18 by WTVF in Nashville, an E.W. Scripps Company.