With less than a month until the scheduled start of her double murder trial, the Sumner County woman charged with killing her newborn twins listened in court Tuesday morning as her lawyers argued unsuccessfully to toss out a key piece of evidence.
Lindsey Lowe sat between her attorneys as they told Judge Dee David Gay that a search warrant obtained on September 14, 2011 for her parents home where she lived contained “errors” making it “invalid.”
Lowe’s attorneys contended that some of the copies of the search warrant said “PM” and at least one other said “AM.”
They argued the discrepancy meant the search warrant by law was “invalid” and needed to be “suppressed,” which is the legal term for tossing the document out as evidence.
“There’s strict compliance required, it’s not present here, and without that, anything seized was seized improperly,” Lowe attorney James Ramsey contended.
Police been called to the home that day by Lowe’s father Mark, who was identified in the warrant as finding one of the newborns in a laundry basket in his daughter’s room.
For 90 minutes, Judge Gay heard the motion which included testimony from the area’s circuit court judge who signed the search warrant.
Judge C. L. “Buck” Rogers acknowledged the search warrant issue calling it a “clerical error” and “my mistake.”
Prosecutors argued the search warrant was still proper citing a 2011 state law that allowed for “clerical errors,” if everything else in the document was legally, and constitutionally proper.
In the end, Judge Gay sided with the prosecution saying, “If there was ever a case for the good faith mistake or exception, this is the case.”
Neither Lowe nor her attorneys commented on the ruling after court.
Her attorneys plan to also be in court later week to discuss the evidence that will be used in the upcoming trial.
Lowe remains out on bond in the custody of her parents as they await a March 11 murder trial.