Lindsey Lowe

Case overview

Lindsey Lowe was convicted of felony murder, premeditated murder, and aggravated child abuse in connection with the deaths of her newborn twin boys. She was sentenced on April 26, 2013, to a minimum of 51 years in prison.

Timeline

• Sept. 11, 2011 — Lowe gave birth to twin boys in the bathroom of her parents' home in Hendersonville.
• Sept. 12, 2011 — Lowe gave birth to the twin boys in the bathroom of her parents' home in an upper-middle-class neighborhood in Hendersonville; she told police she smothered them and placed them in a laundry basket so her parents would not hear their cries.
• Sept. 14, 2011 — Lowe’s mother found one of the babies in a laundry basket and called for help; Lowe’s father found one of the babies in the laundry basket and called police.
• Sept. 15, 2011 — Police said Lowe had admitted to killing her twin newborn boys by suffocating them after they were born at her home so her parents wouldn’t hear them crying.
• Feb. 28, 2013 — Police interrogation footage of Lowe’s confession was obtained for trial coverage.
• March 11, 2013 — Lowe’s trial was scheduled to begin.
• March 12, 2013 — Trial under way for a Hendersonville woman accused of smothering her newborn twins.
• March 13, 2013 — A Hendersonville police officer testified about finding a dead baby under bloody towels in the home of Lowe.
• March 18, 2013 — The defense rested without getting motions granted; Lowe waived her right to testify and addressed the court briefly outside the jury.
• March 19, 2013 — Lowe’s family testified; trial proceedings continued toward deliberations.
• March 20, 2013 — A Tennessee jury found Lowe guilty of first-degree premeditated murder of her newborn twin sons.
• April 26, 2013 — Judge Dee David Gay sentenced Lowe to a minimum term of 51 years in prison.

The offence

Lowe gave birth to newborn twin boys in the bathroom of her parents' home in Hendersonville. She told police she suffocated/smothered the babies after their birth and placed them in a laundry basket so her parents would not hear their cries.

At trial, prosecutors showed that there were no diapers, formula, or preparations for the babies’ arrival. Prosecutors also suggested that Lowe’s actions showed she never intended for the babies to live, and they described her cleaning up the bathroom where she delivered because she shared it with her sister.

Lowe’s defence presented an alternative explanation. Her attorney said the babies might have died of hypothermia or suffocated in the toilet while Lowe was passed out after giving birth. The defence also argued that Lowe blocked the pregnancy from her mind and did not understand what was happening during and after birth, and that she did not intentionally kill her own children.

Investigation

Police said Lowe gave birth at home without prenatal care and that she did not see a doctor during pregnancy.

Lowe was questioned by Detective Steve Malach after the discovery of the dead infants. In the interrogation, Lowe admitted details about giving birth and what she did to the babies, including that she put her hand over their mouths to keep them quiet and that she knew they could not breathe. The prosecution treated her statement as confirmation that she killed the infants.

Police officers testified that they discovered evidence relating to the two babies in the laundry basket. Hendersonville police officers testified about finding the babies, including testimony that the second baby was still present in the basket at first discovery and was cool to the touch. Officers also testified that they did not know until after Lowe’s interview that there were two babies in the basket.

Investigators sought to identify the father. Police worked to determine the identity of the father and conducting paternity tests.

Police also found evidence described as web searches and searches on Lowe’s devices, including searches related to pregnancy and pornography involving pregnant women, along with searches about how to induce labor.

Arrest and custody

Lowe was arrested and charged with first-degree murder after her admission to police. On Sept. 15, 2011, police said she was arrested at her place of work and was being held without bond and undergoing a medical evaluation.

Lowe’s bond was revoked and she was to be placed in immediate custody when Judge Dee Gay announced the decision.

Trial

Charges and plea

At trial, Lowe was charged with first-degree murder for each child, including premeditated murder counts and felony murder counts. She also faced aggravated child abuse charges for each child.

Lowe pleaded not guilty to two first-degree murder charges, two charges of felony murder, and two charges of aggravated child abuse.

Jury and trial process

A jury of seven men and five women was seated, with three male alternates. Jurors were not sequestered and were able to go home each night as long as they abided by the rules.

Lowe did not testify at trial in the presence of the jury. She waived her right to testify and explained to the court outside the jury that she could not emotionally handle taking the stand.

Evidence presented

Jurors were shown a video where Lowe told authorities she had given birth to the twins alone in a bathroom at her parents' house and that she smothered them soon after. Jurors were also shown photos of Lowe at a wedding days before giving birth.

Prosecutors presented a diagram of the Lowe family home to demonstrate what was found. Prosecutors introduced testimony and evidence about the scene, including where the laundry basket was located relative to Lowe’s bed and the bathroom.

A 911 call was played in court. Lowe sobbed while the call was played.

Defence evidence and arguments

The defence presented mental health evidence. Doctors for the defence testified that Lowe had major depression and other mental health issues, and that she blocked out her pregnancy and did not fully understand what was going on during and after her pregnancy. Defence arguments included that it was not possible Lowe premeditated the murders given her condition after giving birth.

The defence also argued that Lowe’s story that she smothered the babies was planted by police, and that Lowe was in no position to being interrogated after giving birth without medical help.

Closing and deliberations

Jurors heard closing arguments and could begin deliberating after the completion of trial proceedings. The trial proceeded toward deliberations after the defence rested and after Lowe waived her right to testify.

Sentencing

On April 26, 2013, Judge Dee David Gay sentenced Lowe.

• Gay sentenced Lowe to the maximum 25 years on each of the aggravated child abuse charges.
• Gay ordered the sentences for murder and child abuse to be served at the same time, not tacked on.

The murder charges carried an automatic life sentence.

Lowe wore a blue prison shirt and handcuffs at the hearing and read a statement expressing her regret.

In ordering the maximum sentence on the child abuse charges, Judge Dee David Gay said he found Lowe to be untruthful and selfish and called it a tragedy that many people believed Lowe’s version of events. He said Lowe’s statement in a letter to the judge claiming she did not know she was pregnant was “not credible,” and he chided her for writing that the babies' father had date-raped her.

Gay also quoted Focus on the Family founder James Dobson: “Our children are the true wealth of any nation” and added that “we cannot become ‘a child-killing society that views children as burdens rather than blessings.’” Gay said Lowe’s selfishness was reflected in her cheating on her fiancé in the affair that led to her pregnancy and in her “completely neglecting the work of creation in her body.” He read off a list of web searches for pornographic websites made on Lowe’s computer in the month before she gave birth.

Gay stated that he could not sentence Lowe to serve the sentences consecutively because he could not find that she posed a danger to society, one of the necessary legal factors.

Outcome

A Tennessee jury convicted Lowe after finding her guilty in March 2013 of first-degree premeditated murder of her newborn twin sons. The courtroom also addressed multiple counts, including two counts each of felony first-degree murder and felony premeditated murder, and aggravated child abuse counts for each child. Lowe received a minimum term of 51 years in prison as a result of the April 26, 2013 sentencing.

Other details

People named in the proceedings

• Mark Lowe — Lowe’s father; he testified about discovering the dead infant and calling police.
• Lacey Lowe — Lowe’s sister; she testified about not suspecting Lowe was pregnant and about how Lindsey appeared at a wedding.
• Paula — Mark Lowe’s wife; she found one of the infants and called him.
• Jonathan Brooks — Lowe’s fiancé, whom Mark Lowe said Lindsey met at Western Kentucky University.
• Jeremy Smith — identified in testimony and police investigation as the man Lowe had an affair with; referenced as the babies’ father in some trial accounts.
• Steve Malach — Hendersonville Police Detective who led the investigation and interviewed Lowe.
• Ron Blanton — Assistant District Attorney who made opening statements.
• Ray Whitley — prosecutor referenced as Sumner County District Attorney General and as presenting a rebuttal witness.
• John Pellegrin — defence attorney.
• Dee David Gay — Sumner County Criminal Court Judge who sentenced Lowe and ruled on motions.
• Dr. John Hutson — forensic psychologist called as a rebuttal witness; he testified that he diagnosed Lowe with major depression and post-traumatic stress disorder.
• Jeffrey Smith — referenced in a procedural context regarding texts between Lowe and the babies’ father.

Specific quotations

Lindsey Lowe said:

• “I cannot explain why I put my babies in a laundry basket, or what was going through my mind,” she said.
• “I just don't feel like I can emotionally handle it,” Lindsey Lowe said Monday afternoon. In the interrogation transcript excerpt, Lindsey Lowe said:
• “I really didn't tell anybody. My family is very conservative Christian people and I was just very -- I don't know. I just didn't want to disappoint anybody.”
• “I didn't know what to do. I was -- I guess I went into shock. I was scared.”
• “Just came out.”
• “In the toilet. I just didn't know what to do.”
• “I just put them in that basket. I didn't know what to do.”
• “I guess... I don't want to call it smother. I was just trying to like keep them quiet.”
• “Just put my hand down there over the mouth.”
• “Nods head.”
• “Essentially you know you killed the baby.”
• “Nods head.”
• “But you did?”
• “Yeah.”
• “Yes sir.”

Mental health and contested narratives

The defence presented testimony that Lowe suffered from a dissociative state of mind and mental health conditions including major depression, and that she blocked the pregnancy and did not understand what was happening. Dr. John Hutson contradicted the defence positions, and he testified that he did not believe Lowe suffered from a dissociative disorder and that if she had been dissociating she would have screamed and asked for help when it was offered.

Medical and scene details

Autopsies were released, and the Medical Examiner said both babies were healthy and alive when they were born. Police said the babies appeared to be full term and weighed about 5 to 6 pounds each.