Judge will not step down in Lindsey Lowe case - WKRN News 2

Judge will not step down in Lindsey Lowe case

Posted: Updated: Jan 22, 2013 6:03 PM
Lindsey Lowe is charged with suffocating her newborn twin boys in September of 2011. Lindsey Lowe is charged with suffocating her newborn twin boys in September of 2011.

A judge hearing the case of a Hendersonville woman charged with killing her newborn twins in September of 2011 said he will not remove himself from the trial.

Attorneys for Lindsey Lowe filed the motion last week due to what they called "preferential treatment" given to prosecutors.

Sumner County Judge Dee David Gay listened to arguments on the motion during an hour long hearing Tuesday afternoon in Gallatin before deciding, "it would be extremely bad precedent" to allow such a motion to recuse himself.

Attorneys for Lowe cited language used from the bench by Judge Gay.

It came during a motion last fall to rehear his decision not to suppress a confession that prosecutors say the young woman made to investigators.

Lowe's attorney, John Pellegrin, said in the courtroom the judge had been biased toward prosecutors with language like their defense motion is "sloppy and incorrect."
Pellegrin cited concerns in a sealed affidavit from the defendant's father Mark, who along with his wife Paula, sat in court by their daughter.

"When we come up and essentially get accused of not being forthright in our pleadings and not correctly stating the law or the facts, it causes some difficulty with the client and the client's family," Pellegrin told Judge Gay.
While Lindsey Lowe's attorneys made their case in a few minutes, the judge took nearly a half an hour defending himself against the defense claims of bias and inappropriate language from the bench.

"You consider the complete and total transcript of what I said in dealing with this pleading, there is absolutely no objective basis for recusal," Judge Gay said before issuing his ruling.

Neither side commented outside of court after the judge made his decision.

Lowe's father, Mark declined to comment on what he said in his sealed affidavit filed with the court.

Lowe faces two counts of felony first degree murder, two counts of pre-meditated first degree murder and two counts of aggravated child abuse.

Her trial is scheduled to begin March 11.

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