Lindsey Lowe takes witness stand for 1st time - WKRN News 2

Lindsey Lowe takes witness stand for 1st time

Posted: Updated: Feb 21, 2013 06:51 PM
NASHVILLE, Tenn. -

The young woman accused of suffocating her newborn twin boys testified Thursday on a witness stand for the first time since being charged with double murder in September 2011.

Lindsey Lowe's words came in Sumner County Court when her defense attorneys called the Hendersonville woman to the stand amidst a flurry of motions heard by Judge Dee David Gay.

For nearly 35-minutes, Lowe answered questions from her attorneys, prosecutors and the judge in a hushed and packed courtroom.

Lowe's attorneys wanted her testimony on a motion that questioned the timing of when she should have been told of her rights when arrested.

The central question was if she was legally in custody after first meeting a Hendersonville detective on September 14, 2011.

If the judge finds impropriety in an investigator's initial contact with Lowe, it could keep her statements to police from being introduced as evidence in woman's upcoming March 11 trial.

Lowe told the court how she went to work in Hermitage that September morning 17-months ago when she was told by a co-worker that a gentleman wanted to see her outside.

"A lady that came to my desk who works at the front office came up to my desk and said that there was a gentleman that wanted to talk to me, and I agreed that I would talk to him, and come into a different room with him and talk," said Lowe in first describing the events that morning.

She said they talked for a while before plain clothes officer Detective Steve Mallach asked her if she would go to the Hendersonville Police Department.

"Ten minutes maybe, it did not seem very long," Lowe testified under questioning from her defense attorney John Pellegrin.

Lowe said she agreed to leave her car at work and go to the police station in Detective Mallach's unmarked vehicle.

"We got in the car and I got in the front seat, and when I got in the car, he immediately locked the doors," Lowe continued in court.

Defense attorneys raised that as an issue questioning whether or not Lowe felt she was free to go at anytime.

"As soon as I got in the car and he immediately locked the doors, I felt like he thought I was going to run or something, and I felt like I had no choice in the matter anymore," Lowe said halting voice.

During the nearly three hour hearing, District Attorney Ray Whitely countered that Detective Mallach acted properly.

The DA asked, "He was not rude or overbearing to you in anyway?"

Lowe indicated he was not.

"Didn't he tell you Ms. Lowe that your parents were concerned about you?" the DA asked her at one point.

"Actually he told me they were disappointed in me and they were shocked," responded Lowe.

She continued on for another half hour, mostly composed, but tearful for a few moments sprinkled through her testimony.

Judge Gay did not make a ruling on the defense motion indicating it would be next week.

The upcoming double murder trial is still scheduled to begin March 11, but there are two motions denied by Judge Gay that are currently on appeal.

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