Judge denies key defense motion in Lindsey Lowe case - WKRN News 2

Judge denies key defense motion in Lindsey Lowe case

Posted: Updated: Feb 26, 2013 05:41 PM

A Sumner County judge Tuesday denied a key defense motion in the case of a young woman charged with killing her newborns.

Attorneys for Lindsey Lowe wanted a statement from their client that was made to police excluded from her upcoming trial starting March 11.

Judge Dee David Gay ruled that Lowe did not have to be read her Miranda rights while being initially questioned by police for a few hours prior to her arrest in September 2011.

Prior to the decision on the motion,  Lowe's lawyers argued to exclude hundreds of cell phone text messages and crime scene photos in the upcoming trial as well.

Prosecutors said those cell phone items between Lowe and the Jeremy Smith, the court-named father of the newborns, are relevant.

They argued the cell-phone messages will counter claims of a potential "forced sexual activity" as part of Lowe's defense.

Judge Gay is expected to make a decision on the defense motions next Tuesday at 1 p.m.

On Wednesday, Judge Gay begins sifting through the first 200 of 400-potential jurors from which the 12-person Lowe jury will be pulled, as well as other Sumner County Criminal Court cases for the month of March.

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