Reported By Chris Bundgaard, Reporter - bio | email
HENDERSONVILLE, Tenn. -
A Tuesday hearing left little doubt about the defense of a Sumner County woman charged with suffocating her newborns in 2011.
Attorneys for Lindsey Lowe said they hope to show their client had a "mental defect" that left her with "diminished reasoning."
Word of the defense came after prosecutors filed a motion this week limiting the number expert witnesses in the upcoming March 11 trial.
Lowe's attorney, John Pellegrin, indicated those experts would be important to his client's defense on charges that she murdered the newborn twin boys moments after giving birth to them at her parents Hendersonville home.
"It's our position that she suffered from what is called a substantial mental disease or defect that affected her reasoning and we think we will have proof to that effect," said Pellegrin after the hearing.
Both he and District Attorney Ray Whitely chose their words carefully so as not to offer each other too much strategy or violate limitations from the court as to what they say.
When asked about his motion, Whitley said, "We are trying to cut down on a lot of evidentiary questions so they won't come up at trial, so we are winnowing down the issues."
Among the other motions, the defense wants to keep things out of evidence like text messages between Lowe and Jeremy Smith, who has been previously identified as the father of the newborns.
The District Attorney, however, said that "certain text messages back and forth, Google searches and a technical thing that we think will be great evidentiary value to the jury."
Lowe's attorney disagree.
"Don't think they would really help the jury and for a variety of reasons, we don't think they should be admitted into evidence," Pellegrin said.
Both sides are trying to forge their positions as jury selection begins in Lowe's trial March 11.
Judge Dee David Gay has scheduled at least two more hearings on the motions.
The first is Thursday at 9:30 a.m. and the second is set for 8:30 a.m. Monday prior to jury selection.