Judge denies new trial for woman convicted of killing newborns - WECT TV6-WECT.com:News, weather & sports Wilmington, NC

Judge denies new trial for woman convicted of killing newborn twins


A Gallatin judge has denied a motion for a new trial for a Hendersonville woman convicted of killing her newborn twins.

Lindsey Lowe was sentenced last March to serve at least 51 years in prison for delivering then killing her twin newborns in her family's Hendersonville home in September 2011.

Judge Dee David Gay ruled on Friday that there was no grounds for a retrial.

Lowe's attorney, John Pellegrin, filed a motion raising 27 grounds for a retrial.

However, Gay said the motions had been adequately covered in the lead-up to the March 2013 trial and denied the motion for retrial.

"Motions for a new trial are virtually never granted, and we didn't come in expecting her motion to be granted," Pellegrin said.

Among the motions for a retrial, the defense said police investigators manipulated Lowe into talking about the case without an attorney present.

It was a point that was argued by both sides in trial.

"The judge ruled that she wasn't in custody in the first place - that she was there freely talking to the detective," said Sumner County District Attorney Ray Whitley.

The defense also argued police did not properly execute a search warrant on Lowe's home and said Gay made a discriminatory statements during the trial by referring to Lowe as "dangerous."

The judge defended himself at Friday's hearing.

"Based on the evidence, I said the defendant is a dangerous offender and that is not a personal opinion. I was citing the law," Gay said.

The motion for retrial now goes to the court of appeals for consideration.

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