GALLATIN, Tenn. (WTVF) — Lindsey Lowe, the woman once serving a life sentence for killing her newborn twins, is now out of prison. A judge threw out her conviction and ordered a new trial, blaming a woman who was untruthful during the jury selection process.
Many people are now calling for that rogue juror to face criminal charges.
But, that's not going to happen.
Lying under oath in court is considered aggravated perjury — a felony and if charged the juror could face up to 12 years in jail.
"We have to do something to send a message you can't get on juries because you have an axe to grind," said NewsChannel 5 legal analyst Nick Leonardo.
The rogue juror in this case certainly seemed to have an agenda.
She shared a strong opinion under oath on the jury questionnaire, writing about Lindsey Lowe "that she lied and killed her two newborns."
The problem is that later during jury selection in court — also under oath — when asked if she had an opinion whether Lowe was guilty or not guilty the woman told both the judge and district attorney "no."
"It strikes at the heart of our justice system. If we don't have fair and impartial jurors, we don't have a justice system," said Leonardo.
He said Sumner County Criminal Court Judge Dee Gay had no choice but to order a new trial and immediately release Lowe nearly a decade after she was convicted.
"Clearly he was disturbed by the facts that he heard," he said.
Leonardo says the judge's decision to vacate the guilty verdict does not mean Lowe is innocent. It simply means she did not get a fair trial and now she gets a new one which will be costly.
"This is going to cost the taxpayers thousands of dollars because a juror lied under oath," said Leonardo.
He believes the juror needs to be prosecuted to send a message that you will be punished if you're caught lying to get onto a jury.
But that seldom happens.
In this case, the aggravated perjury charge will not be filed for several reasons. Chief among them is that nine years after the trial, the statute of limitations on the crime has expired.
As for the case against Lowe, Leonardo says it could be up to two years before she stands trial again.
