NASHVILLE, Tenn. – A court has upheld the first-degree murder convictions of a woman serving at least 51 years in prison for the 2011 smothering deaths of her infant twins.
The Tennessean (http://tnne.ws/29IXhYf) reports that the Tennessee Court of Criminal Appeals on Tuesday rejected an appeal for a new trial for 29-year-old Lindsey Lowe of Hendersonville.
Lowe's attorney David Raybin argued before the three-judge panel in August 2015 that Lowe was not read her rights and was denied an attorney during questioning. He said as a result, her videotaped confession to investigators before her arrest should never have been used as evidence.
Prosecutors disputed those notions. The officers twice read Lowe her rights, Assistant Attorney General Leslie Price said. Citing case law, Price argued that Lowe waived those rights when she continued to talk. She also said Lowe was free to leave the police station at any time.
"After a thorough review of the record and the applicable law, we affirm the judgments of the trial court," said judges John Everett Williams, Norma McGee Ogle and Robert W. Wedemeyer in their 71-page ruling.
The defense team plans to appeal the decision, Raybin said.
"While I appreciate the thoroughness of the court's review, we are disappointed with the result," Raybin said. "And we are certainly going to appeal to the Supreme Court and ask them to review the case with fresh eyes."
Lowe was found guilty of two counts each of first-degree murder and aggravated child abuse in March 2013.
Information from: The Tennessean, http://www.tennessean.com