Father of Lowe's twins says he didn't know she was pregnant
March 14, 2013 11:48 AM
The father of the newborn babies, Jeremy Smith
HENDERSONVILLE, Tenn. -
Emotions remained high during the third day of the Lindsey Lowe case in Gallatin.
Lowe is accused of smothering her newborn twins to death at her parent's Hendersonville home.
On Thursday morning, the twins' father, Jeremy Smith was called to the witness stand where he said he was unaware of Lowe's pregnancy until a detective called him.
"I got a phone call from Det. Malach," he recalled, adding, "I told him this wasn't April Fools and I hung up on him."
According to Smith, he and Lowe met in the spring of 2010 on his cousin's boat. Smith added he and Lindsey developed a relationship via texting and eventually went on three dates.
The pair also reportedly had sex three times and used protection on all but one occasion.
Smith said he learned he was the father of the babies after results came back from a DNA test.
"When I learned of the death of the babies, I was in shock. I couldn't believe it," he said.
During a cross examination with Lowe's attorney John Pellegrin, Smith said he would have taken care of the twins.
Lowe became visibly upset during the cross examination forcing Judge Dee David Gay to tell her, "Ms. Lowe this is the way it's [going to] be, it's happened two times that your emotions have been on display in front of the jury. I have asked the defense to let me know if you need a break, we'll take a break, but you sit there and don't show any emotion, their job is hard enough."
He continued, "I will not have you sitting there acting like a child or displaying emotion uncontrolled. The next time this happens, you will be excluded from this court room."
The trial was also halted Wednesday as Lowe began sobbing openly in court, while the jury was listening to a series of text messages Lowe exchanged with the father of the newborns.
Forensic psychologist Dr. William Kenner was also called to testify on Thursday.
Dr. Kenner has interviewed Lowe for more than 13 hours since October 2011 and spoke with her parents last June.
During his testimony, Kenner said he diagnosed Lowe with post traumatic stress disorder, chronic dissociate disorder, as well as major depressive disorder, severe and chronic.
"She was in hypovolemic shock, which impaired her level of consciousness, impaired her ability to think, to remember, so that she would've been incapable of premeditated murder," Kenner said.
The third day of the trial wrapped up around 4:30 p.m. Thursday after Judge Gay said he has to consider whether Kenner's testimony will be allowable.
Wednesday's testimony was dominated by a taped confession Lowe gave to a Hendersonville Police Detective less than 48 hours after the two babies died.
In the tape she described giving birth and the moments and process that followed. Read more details here.
The trial is expected to continue through the end of the week.