187:Bonus Episode: Update for Episode #119 the Lindsey Lowe Case

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Southern for a true crime cover's cases
that are not suitable for young listeners,

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and there may also be smixplicit language
used. Listener discretion is advised. A

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little over two years ago, I
released episode one nineteen neoonata side the Lindsay

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Low Case. At the time,
it was my first episode back after my

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latest back surgery. I told my
husband I wanted to come back with a

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bang. The boy was that an
understatement Today it may be the most controversial

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case I have ever covered, and
not for reasons like the Darly root Tier

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case where Lindsay has all these fans
who will come for you on social media

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and in reviews. No, many
of you disagreed with my opinions about her

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case, and that's fun. You
cannot express an opinion without understanding that some

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people may disagree with you. The
real drama was over one small part of

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the episode, and I'll talk a
bit about that later. The point of

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this episode is there has been a
major update in the case. I do

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recommend you go back and listen to
the whole episode, but for now,

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let me give you a very short
summary. Welcome to Bonus Episode one eighty

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seven. An update on the Lindsay
Lowcase. First, just a quick note

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on why this is a bonus episode. Beginning sometime last year and officially at

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the start of twenty twenty three,
I went to producing three episodes a month.

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Unfortunately, my health was suffering trying
to stay on a weekly schedule,

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but with the help of Andrea Marshbank, I've been able to get ahead,

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and now, with the help of
a writer named jim I Harris, I

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will be releasing short bonus episodes to
round out each month. You'll still get

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three normal length episodes and then one
short one. Many of these will be

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update episodes about cases I've covered,
like this one. I considered making these

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Patreon exclusive, but I don't like
putting content like this behind a paywall,

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and I know that a week off
is irritating to some listeners. This also

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gives me the option to take the
week off if I need to. I

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hope you enjoyed these episodes and the
new schedule. Now on to today's case.

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On September twelfth, twenty eleven,
Lindsay Lowe, a twenty five year

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old woman from Hendersonville, Tennessee,
was very sick. She spent many hours

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in the bathroom. She lived at
home with her parents and her sister,

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and they were concerned. She told
them it was just the stomach bug.

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They had no idea she was nine
months pregnant and in labor. The next

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day, Lindsey didn't go to work, but she was no longer spending all

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of her time in the bathroom,
so everyone thought she was feeling better.

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The following day, September fourteenth,
Lindsay did go back to work, and

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since she had been sick for two
days, her mother, Paula, decided

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to help her by cleaning up her
room. While doing so, Paula noticed

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a laundry basket on the floor next
to Lindsay's bed and began rifling through it,

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but a load in the washer.
That's when Paula found a newborn baby

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in the basket. It was cold
to the touch. After first responders pronounced

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the baby dead, Lindsay was picked
up at work by a Hendersonville detective and

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taken to the station, where she
confessed to giving birth to twins. At

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that point, no one had found
the second baby in the laundry basket.

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Lindsay was indicted for two counts a
first degree premeditated murder, two counts a

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first degree leny murder in the perpetration
of aggravated child abuse and two counts of

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aggravated child abuse. In twenty thirteen, after a nearly two week trial,

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Lindsay was convicted of smothering her newborn
infants to death. She was sentenced to

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serve fifty six years. I'm going
to pause now for a short commercial break.

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Lindsay's convictions and sentences were upheld on
appeal. Then, in September of

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twenty nineteen, Lindsay's attorneys submitted a
petition for postconviction relief to Judge d.

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David Gay, the same judge who
had presided over her trial. The petitions

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stated that Lindsay's trial attorneys were ineffective
and there was juror misconduct. According to

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the petition, Lindsay's trial attorneys failed
to ask a proper qualified medical expert like

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an obstetrician, gynecologist, or medical
trauma specialist to testify on Lindsay's behalf.

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They failed to advance an expert witness
to testify. That Lindsay's statement was unreliable

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because it was based on a technique
used by Hendersonville police which has been known

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to produce false confessions. They failed
to hire an independent forensic medical examiner to

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testify about the cause of death of
the babies or to perform independent autopsies.

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They failed to properly prepare expert witnesses
doctor Pam Abel and doctor William Kenner,

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who at times offered contradictory testimony,
and the cherry on top, they failed

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to challenge the selection of a juror
who was clearly biased against Lindsay. During

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the questionnaire process, a female juror
who we will call Jane Smith, answered

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a question about Lindsay's innocence or guilt. With this, she lied and killed

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her two infants. That should have
been the end of it for Jane,

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but it wasn't. She should have
been stricken for cause right then and there,

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but she moved on devoir deer.
When Jane was questioned during the selection

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process in court, she was asked
if she had an opinion on whether or

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not Lindsay was guilty or not guilty
while under oath. Jane told the judge

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and the district attorney no, which, according to her questionnaire answer, was

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most certainly a lie. But Jane
Smith was ultimately selected to be on the

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jury and that's not where Jane's indiscretions
end. Another jury member told attorneys that

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Jane Smith expressed by us against Lindsey
before the trial ever started. The jury

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said Jane has strong opinions against Lindsay
Lowe from the beginning. For guilt.

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Lindsay's father and six other people saw
Jane Smith pump her fist when she learned

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she made the jury. She then
looked around to see if anyone saw her.

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The District Attorney's boke with Jane and
said she vehemently denied pumping her fist,

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so she was left on the jury. After reading over Lindsay's petition,

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Judge Gay ordered a hearing where attorneys
could argue for a new trial. The

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hearing was set for August twenty twenty. However, due to COVID it had

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to be rescheduled numerous times. It
was finally held in October twenty twenty two.

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After the hearing, Judge Gay decided
that Lindsay did not receive a fair

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trial. He overturned her conviction and
she was released on bond pending a new

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trial. Attorney General Jonathan Scrimmetti has
appealed Judge Gay's decision. He does not

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agree with the judge's ruling that Lindsay
did not receive a fair trial, but

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according to news Channel five, most
experts agree that the chances of overturning Judge

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Gay's ruling are slim. Legal analyst
Nick Leonardo said, in this particular case,

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I don't think the Attorney General will
be successful in appealing because of a

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massive error that strikes at the heart
of the judicial system and our justice system.

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Attorney General Scrammati's appeal will likely not
be heard until sometime late this year.

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The date has not yet been set. Judge Gay has recused himself from

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participating any further in this case,
a new judge will be assigned. I'm

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going to talk a little bit more
about Judge Gay in a minute. Many

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have questioned if juror Jane Smith will
face charges for lying under oath during the

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jury selection process. The answer is
no. Unfortunately, the statute of limitations

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has expired. No new child date
has yet been set for Lindsay. Until

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then, she remains free on bond. She is living with her parents and

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is supervised by community corrections. Now, interestingly, if you remember my episode,

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I was highly critical of Judge Gay. I felt that he treated Lindsay

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in really all during the trial,
admonishing her in front of the jury,

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saying that she was acting like a
child because she was crying. I may

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not mention it often, but most
people who follow true crime no that defendants

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cry all the time during a trial. Oftentimes they cry at inappropriate times.

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I'm looking at you, Darley Root
here. Darley sat calmly, dry eyed

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through most of the gruesome testimony about
her sons, but cried her self pitying

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eyes out when she testified and talked
about herself or watched friends and family testify

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about her. It was very telling. That's not what Lindsay did. She

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just cried and cried throughout and couldn't
listen to a lot, if not most

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of the testimony. She would cover
her ears and put her head down during

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forensic testimony about her babies. She
had planned on testifying on her own behalf,

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but changed her mind after the dressing
down she got from the judge.

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I'm not saying the judge was wrong
for removing her from the courtroom as she

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was disruptive. I'm saying what he
said to her in front of the jury

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was improper. Whether he meant to
or not he was telegraphing his personal feelings

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about Lindsay Low to the jury.
He had already admonished her privately in chambers,

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so maybe he just lost his temper, But either way, he should

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have dismissed the jury before removing Lindsay
or directly confronting her. As you may

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remember, I got creamed on social
media and in my reviews for what I

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said about Judge Gay during his sentencing
remarks. For the first time and so

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far the last time in this podcast's
history, I removed a section and apologized.

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To this day, I regret it. I was not wrong, but

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when people are screaming that you hate
Christians, you have to put out the

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fire. If you haven't listened to
the episode or listened after I cut that

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part out, I criticized Judge Gay
for quoting Evangelicalian author and lobbyist James Dobson.

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You can simply look at his wiki
page to find out why I objected

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to his statements in open court.
For the record, again, I do

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not hate Christians. I don't hate
anyone, and I respect all religions,

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though I do try and leave out
my own beliefs in the show. But

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here is some inside baseball for you. I actually got the post conviction relief

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motions signed by Judge Gay from a
defense attorney who asked to remain anonymous.

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It was not her case, but
attorney's talk, and she got a copy

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of it before it was made public. She likes Southern Fried. She was

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a defense attorney in a different episode, which got her to start listening to

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the show. She told me she
found my comments on Lindsay low to be

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insightful and fair. But what was
really interesting is that she told me she

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had been trying cases in front of
Judge Gay for twenty years and had never

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seen him behave that way before.
She had never seen him treated defendant the

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way he treated Lindsay Lowe, certainly
no one she ever defended. She wondered

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the same way I did, if
the judge could not help his own bias,

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She wrote to me, quote even
though he doesn't critique his own behavior

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in his grant of a new trial, I have to wonder if that had

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something to do with the decision.
All her appeals had been denied and this

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was really her last chance. We
both feel it is possible. Judge Gay

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now feels remorse for how he behaved
during Lindsay's trial, that he knew deep

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down his bias was not right.
Note that he recused himself from participating any

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further in this case. That's also
very telling. I'm going to pause now

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for a final short commercial break.
I think many people, like my anonymous

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source and myself included, felt that
Lindsay Lowe suffered from a mental illness.

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I always harp on the standard for
diminished capacity in this country. Did the

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defendant know the difference between right and
wrong at the time of the alleged crime.

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With Lindsay, it was truly one
of those few times in these defenses

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that I'm not sure she did understand
what was going on. I pointed out

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in my episode that if she planned
to kill her newborns to cover up the

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pregnancy, she had a whole day
to dispose of their bodies. She was

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home alone all day, but she
didn't. She left them in a laundry

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basket and returned to work the next
day in a haze. You may have

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heard of another case of Brookes Schuyler
Richardson, the ex cheerleader who buried her

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newborn baby in her parents' backyard.
Her defense was that the baby was born

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dead and medical X could not prove
that the baby had born alive, so

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she was acquitted of murder. She
was convicted of abuse of a corpse and

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sentenced to probation. I have not
studied the Richardson case, but the fact

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that she buried the baby to me
anyway points to her knowing the difference between

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right and wrong. What was not
provable in court was whether the baby was

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born alive, and that is why
she walked free. An independent pathologist in

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Lindsay's case may have found that her
babies were not born alive, or at

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the very least have given an opinion
based only on the autopsy, not what

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the detective on the case believed happened. I'll get into this more in a

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moment. And as to a couple
of other points in the motion that the

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Hendersonville detective used an interrogation technique known
to produce false confessions, well, I

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told you in the episode at the
time, he didn't technically do anything wrong.

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It's like how on TV when you
were told that detectives can lie to

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people they are interrogating. For me, I felt Lindsey needed medical help,

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and so did her father before she
was interrogated. Her father was understandably upset

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when he sent the detective to pick
up his daughter from work. Her blood

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type is RH negative, and he
was trying to tell the detective she could

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be in danger if she gave birth
unassisted with that blood type. But he

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did ask if she needed an attorney, and the detective answered she's too old,

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which again he didn't have to outright
tell Lindsay's father she will have to

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ask for one herself. Instead,
he answered in that odd way, and

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Lindsay's emotionally distracted father didn't react the
way he might have. If he was

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thinking clearly, he might have hired
his daughter an attorney right away, but

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Lindsey still had to ask for one
as a legal adult. He also might

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have gone to pick up Lindsay himself
and taken her to the hospital if he

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had known what the detective was going
to do. But he wasn't thinking clearly.

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Like most people, he believes the
police are always going to do the

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right thing. Yes, the detective
had a right to interrogate Lindsay, but

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if there was a chance she was
in danger, Lindsay's father had every reason

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to trust that a police officer would
take her to the hospital, and if

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she was suffering from blood loss and
was having some sort of mental break,

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would she be thinking clearly, She
certainly did not seem to know that she

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should ask for an attorney. Other
witnesses at the jail testified that she seemed

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pale and weak, and let's be
honest, she did just give birth an

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assisted She could have had any number
of complications, but the detective took her

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straight to the interrogation room. Her
father was in shock and fully cooperating,

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not thinking about what it meant for
the detective to go pick up his daughter,

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and the detective was able to place
some wording in Lindsay's mind that she

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did pare it back to him during
the interrogation. The other point in Lindsay's

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post conviction relief petition was that the
defense did not challenge the pathologists who testified

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for the state by hiring their own
experts. You'll have to listen to my

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whole episode. But the pathologist had
to admit on the stand that he based

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his ruling that the babies were smothered
mostly on the detective's investigation and not they're

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autopsies, which only showed an absence
of injuries, meaning well, we cannot

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see how else they died, so
they must have been smothered. It is

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standard for most defense attorneys to hire
their own experts. I often talk about

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how trials come down to a battle
of the experts. This did not happen

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in Lindsay's trial. We only have
the state pathologist, and he admitted he

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based his ruling on what the detective
told him, not the actual autopsy,

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which is kind of incredible to me. But that's not why Lindsay got a

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new trial. Despite these other points, Judge Gay in his opinion, focused

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on Lindsay Lowe's right to a fair
and impartial trial. Quote. Because of

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the importance of this issue and its
ramifications, the Court will not address the

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other issues raised by the petitioner.
He went on to say that the right

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to a trial by jury is one
of the most basic protections provided by the

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US Constitution, going on to quote
Thomas Jefferson, but he himself wrote that

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quote, this undeniable right is not
complete unless the jury composition can be altogether

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fair and impartial. An unqualified and
biased juror can be a small cancer that

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spreads throughout the jury to the verdict
they render in guilty verdicts, the cancer

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continues and spreads through years of appellate
litigation and post conviction litigation until it is

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detected. I would have liked for
Judge Gay to have explored the other parts

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of Lindsay's postconviction relief petition, because
they were, in fact the parts of

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her case that really bothered me.
I did briefly go through them here for

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you, though, But he is
right that the bias dur is the most

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glaring error and one that Lindsay's attorney
had more than one chance to catch.

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Not to mention, her attorney went
to trial with one peremptory challenge left.

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He could have structure Jane Smith without
even getting into battle with the prosecution.

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But it's absurd that she was simply
not struck for cause. And as the

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legal analyst for New Channel five pointed
out, the Attorney General probably doesn't have

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much of a chance to get Judge
Gay's motion overturned because quote of a massive

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error that strikes at the heart of
the judicial system and our justice system.

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At the end of the day,
no matter whether you believe Lindsay Lowe killed

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her newborns, no matter whether you
believe she was having a psychotic break or

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other mental health issue, and no
matter what you think of her morally or

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otherwise, she deserved a fair trial
and she did not get one. Southern

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Frida's True Crime is hosted and produced
by me eric Ka Kelly. Today's episode

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00:20:14.880 --> 00:20:18.799
was researched and written by Jimmy Harris, with additional writing by me, and

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00:20:18.920 --> 00:20:22.759
of course, all editorial opinions are
my own. Southern Frid's original music is

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00:20:22.759 --> 00:20:26.720
by Rob Harrison of Gamma Radio and
the original graphic art is by Coley Horner.

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00:20:27.000 --> 00:20:32.640
Today's episode was edited and mixed by
Brendan shuck Snyder of Southern Gothic and

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00:20:32.880 --> 00:20:36.519
me Eric Ka Kelly. If you
have any case suggestions, please go to

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my website and click on the listeners
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dot com. You'll get lost in
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to my main address, so this
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those little known cases. Y'all always
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not accept suggestions on social media private
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that is very overwhelming for me.
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join our Facebook group, Southern fron
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my social media time in our lovely
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true crime, not just Southern fraud, but all kinds, but it is

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still very much a Southern lifestyle group. Our group is a safe and fun

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the group. If you enjoy today's
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00:21:38.359 --> 00:21:41.759
next Tom, Thanks so much for
listening. Y'all. Take care,