GALLATIN, Tenn. (WTVF) — A judge has granted a new trial for a woman convicted of killing her newborn twins in 2011.
Nine years after she was convicted of killing her newborn twins, Lindsey Lowe returned to Sumner County asking for a new trial. She and her attorney Kim Hodde argued that Lindsey had poor legal representation at her first trial and that at least one juror was biased against her.
READ MORE: Lindsey Lowe takes the stand to make case that she did not get a fair trial
Following the judge ordering a new trial, Lowe will be released from prison on bond. She has already served nine years of a 56-year sentence.
Criminal Court Judge Dee Gay presided over Lowe’s original trial in 2013 in Sumner County, Tennessee.
This was a very high-profile case — one that shocked Middle Tennessee -- and received national news coverage. After several days of testimony, the jury decided Lowe smothered her newborn twins to death after giving birth in a bathroom.
But now, in a stunning development — Judge Gay has ordered a new trial for Lowe.
Why?
The judge determined a juror with an agenda against Lowe was untruthful in an effort to get onto the jury and possibly influence the verdict.
In his written order Judge Gay wrote:
"Juror #17 was untruthful and possibly lied outright about her preconceived opinion concerning the Petitioner.
That is something that is not dismissed from the mind easily.
The Court has concluded from the evidence that juror #17 either lied or concealed her opinion to carry that opinion into the jury trial.
The possibility of prejudice cannot be ignored under these circumstances, especially in this case where the petitioner is serving two life sentences.
As a result, the petitioner's right to a trial by a fair and impartial jury was significantly impaired. Therefore, the Court grants Petitioner's Request for Post-Conviction relief on this issue and orders a new trial."
Can you see the irony here?
Judge Gay ordered a new trial because of evidence a juror wanted her found guilty.
"The order is suggesting the court is granting a new trial for her based upon the constitutional concerns the court has for the juror not giving a truthful answer and contaminating the process," said Lowe's attorney Kim Hodde.
But now, Lowe goes free and gets a new trial with a new jury and a new team of attorneys. The result could be a different verdict, all because of this juror’s conduct.
"It was unprecedented in my view that a juror lied not only to the lawyers, but to the judge," said legal expert David Raybin. "The judge's decision was on fundamental legal grounds."
Raybin is assisting Hodde in the case.
It remains to be seen if that juror will be prosecuted for perjury. NewsChannel 5 called the juror in question. She said no comment and hung up.
Prosecutors could appeal the judge's decision.
Her current attorney, Hodde, will call many experts that her attorney during the first trial inexplicably failed to call and will argue this was not First Degree murder.
If a jury finds her guilty of a lesser charge, Lowe likely will face no more time in prison.
She's already done nine years and will be released on time served.
