Lindsey Lowe murder trial coverage

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SUMNER A.M. SUNDAY » FEBRUARY 24, 2013 » GALLATIN, TENNESSEE » SERVING SUMNER COUNTY SINCE 1840

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Lowe trial set for March 11 Accused mother testifies for first time since arrest By Tena Lee Sumner A.M.

A Hendersonville woman accused of killing her newborn twins and placing their bodies in a laundry basket in September of 2011testified Thursday in Sumner County Criminal Court for the first time since her arrest.

Fuel prices continue to climb

Lindsey Lowe’s testimony, tearful at times, came in one of a flurry of recent hearings and appeals – one of which was denied Friday by the Tennessee Supreme Court – held in advance of her jury trial, scheduled to begin March 11. Selection for that jury panel starts Wednesday. Lowe, 26, has been charged with two counts of first-degree murder after allegedly admitting to police she held her hand over each twin’s mouth shortly after their births so that her parents, who didn’t know she was

pregnant, wouldn’t hear their cries. The twins were found in a laundry basket by Lowe’s father on Sept. 14, Lowe 2011 – two days after the crime allegedly occurred. Lowe has remained free on a $250,000 bond. It was during a hearing Thursday on a second motion to suppress that statement that Lowe was called to the witness

stand by her attorneys, John Pellegrin and James Ramsey. Lowe’s attorneys argued that she was in police custody when Hendersonville police Detective Steve Malach came to her workplace in Old Hickory Sept. 14 to question her, and subsequently asked that she accompany him to the Hendersonville Police Department. Sumner County District Attorney Ray Whitley has argued Lowe was not in police custody at the time. Lowe recounted how Malach, who was not in uniform or driving a police car, came to the

dentist’s office at which she was working and asked to speak with her in a conference room. Throughout much of her testimony, she was soft-spoken and polite, often answering, “Yes, sir.” “As soon as I got in the car, he locked the doors, and I felt like I had no choice in the matter,” she said, composed, but dabbing tears from her eyes. During the 30-minute ride to Hendersonville, the two talked about Lowe’s career aspira-

» LOWE, 3M

ZERO-TOLERANCE POLICY MAY CHANGE

By Sherry Mitchell Sumner A.M.

Residents are feeling the pinch at the gas pumps with local prices escalating almost daily, surpassing 2012 levels. As of Friday, gas prices in Hendersonville and Gallatin ranged from $3.55 a gallon at the lowest end to $3.69 at the higher end. Meanwhile, some drivers to the south in Franklin were paying $3.79 a gallon. It’s a trend that could continue for the next few months, due to snowstorms in the Northeast, concerns over Iran’s nuclear talks and the economy. “Motorists can expect gas prices to rise throughout March and into April,” said Jessica Brady, a spokesman for AAA. “Although there are a few factors that could cause oil prices to stabilize this week, it’s likely gas prices will increase. So far market trends and price fluctuations at the pump have been similar to 2011 and 2012, leading analysts to believe prices will peak in April before they retreat.” The rising cost of fuel has some Sumner drivers feeling frustrated. “It bothers me a lot to have to pay more for gas,” said Gallatin resident Array Johnson. “I’m a certified nursing assistant and I’m on the road a lot and this is taking more money out of my profit. I try to get all my errands done at the same time to save a little.” Tom Mason, of Gallatin, who recently traded in his gas-guzzler

» GAS, 2M

Sixth-graders Yuki Ozaki, 12, Zach Guy, 12, and Mia Collier learn how to report bullying during a new program at Station Camp Middle School on Wednesday, Feb. 20. Station Camp Middle School is one of 16 Sumner middle and elementary schools using the Olweus Bullying Prevention Program. School officials say anti-bullying education programs have curtailed disciplinary problems at those schools by 29 percent overall. DESSISLAVA YANKOVA/SUMNER A.M.

Bill would allow self-defense Families consider lawsuits after school bullying By Jennifer Easton Sumner A.M.

A bill proposed by state Rep. Terri Lynn Weaver would allow Tennessee students to fight back against bullying in schools without fear of punishment. The Student Self-Defense bill would amend current zerotolerance policies for fighting in schools that generally punishes any student involved in a fight no matter who initiated

the confrontation. The rule calls for all parties involved in a fight to be punished equally. The bill will give principals more discretion, rather than having to suspend all parties involved, said Weaver, a Lancaster Republican who represents part of Sumner County. “It’s not fair to teach our children to defend themselves, but say, ‘Don’t do it in (school),” Weaver said. “If a bully comes up and punches a kid, that kid should be able to punch them back and not be suspended.” The Professional Educators of Tennessee has announced its support for the legislation, saying it brings common sense

Fire damages furniture store

By Josh Cross Sumner A.M.

Cana’anite Furniture off of West Broadway in Gallatin was heavily damaged by a fire Tuesday. JOSH CROSS/GALLATIN NEWS EXAMINER

233,000 people in Sumner County read our newspapers and use our websites every week. GallatinNewsExaminer.com

» BULLYING, 4M

Hour-long show filmed entirely in Sumner County

Sumner A.M.

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tacked and doesn’t fight back, but is trying to retreat, principals will give consideration to that, Conner said. “A lot of times (school fights) are he-said-she-said, and, ‘He started it; no, he started it,’ Conner said. “It’s a fine line to walk, because you really don’t know who started a fight unless you’ve got cameras recording it.” Weaver her bill doesn’t promote violence but rather allows students to stand up for themselves without retribution. Sometimes bullies are enabled by zero-tolerance policies knowing the punishment

Local ghost hunters get television pilot

By Josh Cross

A Gallatin furniture store was heavily damaged after a morning fire Tuesday. The Gallatin Fire Department responded to the blaze at Cana’anite Furniture, located at 129 W. Broadway, at 7 a.m. after a passerby noticed the store was on fire. “The guys arrived on the scene and flames were coming out through the front windows and the doors,” said Gallatin fire Chief Billy Crook. The fire started near a re-

back into the zero-tolerance debate that has tied the hands of principals, schools and local school districts across the state. But allowing any kind of fighting in school sends the wrong message, said some Sumner County school officials. “It would be a step back for everything we’re trying to promote, like respect, tolerance and diversity,” said Pat Conner, Safe Schools, Healthy Students coordinator for Sumner County Schools. “Should you stand up against bullying? Yes, with your words, not your fists.” If a student is being at-

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A local team of ghost hunters, whose goal is to prove or disprove local hauntings, will have one of their more recent investigations showcased before a national television audience. The show “Ghostland Tennessee” debuts Sunday, Feb. 24 at 10 p.m. on Animal Planet and features the Sumner Countybased Tennessee Wraith Chasers (TWC). The TWC is a faith-based team made up of five Gallatin and Portland residents that investigate local accounts of paranormal activity.

Chris Smith and Steven “Doogie” McDougal, two members of Tennessee Wraith Chasers, which will be featured in the premiere of Ghostland Tennessee tonight. SUBMITTED

The group, which was founded by Chris Smith in 2009, conducts free investigations and was recently given a pilot episode by the network. Smith, a graphic designer during the day, along with cofounder Steven “Doogie” McDougal, an X-ray technician,

» GHOST, 5M

NEWS

SUMNER A.M.

PICTUREBY ®

State’s highest court denies appeal to suppress Lowe statement On Nov. 5, Gay denied a previous motion to suppress Lowe’s initial statements to police after hearing testimony from Malach and a psychiatrist who treated Lowe after her arrest. That motion asserted Lowe was operating under a diminished capacity and was not properly advised of her Miranda rights. Her attorneys appealed Gay’s ruling to the Tennessee Court of Criminal Appeals, which denied the appeal Jan. 18. They then filed an appeal with the Tennessee Supreme Court on Feb. 19. The high court denied that appeal

Friday, according to Appellate Court Clerk Mike Catalano. Catalano also said Lowe’s attorneys filed a petition for recusal with the Tennessee Court of Criminal Appeals Feb. 12. In its response, the court issued an order Feb. 21 asking for supplemental information. Catalano said Lowe’s attorneys have five days to provide that information to the court.

Other motions set same week jury selected

Also on Thursday, Gay set for Tuesday a motion to suppress text messages between Lowe and Jere-

my Smith, the twins’ father, and a motion to exclude data obtained on two computers seized from the home Lowe shares with her parents. Gay denied two motions as well – one to suppress the search warrant because of a clerical error, and the other for a continuance in the case. In addressing Pellegrin’s motion for a continuance, Gay mentioned the flurry of motions and appeals leading up to the March 11 trial, saying he wasn’t even aware of the Supreme Court appeal. “All of these things are being brought up in the last few months,” he said. “These are motions that should have been filed

Sunday, Feb. 24 » “Cut-a-thon for COTA,” the Children’s Organ Transplant Association, in honor of Kingston Ford Harper, who recently underwent a kidney transplant. The following Portland salons are participating by cutting hair for donations only: Studio 180, Hair Express, Scissors Cut and Style, Extreme Hair, Tangled Up, His N Hers, The Cuttin Edge, and Off the Top, 2-6 p.m. Call Connie Moyher, 268-2459.

» Hendersonville High School’s Advanced Placement (AP) Open House, 6 p.m. in cafeteria.

Tuesday, Feb. 26 » Newcomers Club Knotty Knitters, 2 p.m. 824-5655 » Be part of a live studio audience at Trinity Music City in Hendersonville, 7 p.m., with Guy

Penrod, Rice Broocks, Ed Stetzer, Jimmy Wayne and Carrie Cecil. Free. Call 822-8333.

Wednesday, Feb. 27 » Free balance assessment with physical therapist, Park Place Retirement Center, 822-6002

Thursday, Feb. 28 » The Sumner County Chapter of the Military Officers Association of America (MOAA) will hold its monthly chapter dinner meeting at 6 p.m. at the Gallatin Country Club. All active duty, reserve, and retired military officers and warrant officers and their spouses or guests are invited to attend. Call David H. Moomy at 615-264-7092. » Renowned eye surgeon, Dr. Ming Wang, to speak at Hendersonville Senior Center, 1 p.m. as part of a day of health beginning at 10 a.m.

Saturday, March 2 » The Sumner Trails Chapter of Tennessee Trails Association will lead a 4.4-mile round trip hike on the Hidden Springs Trail in Cedars of Lebanon State Park,

carpooling from Hendersonville 403-0002 » Bob Payne, Patsy Ethridge and Nashville Knights perform country square dancing music at the Gallatin VFW, 7 p.m.

Tuesday, March 5 » The Sumner Trails Chapter of Tennessee Trails Association will have its monthly chapter meeting at 7 p.m. at the Hendersonville First United Methodist Church. Donna McClellan will be sharing her love of the Grand Teton National Park where she has spent the past five summers. 347-2623 » Newcomers Breakfast Club: Join us for breakfast at Panera Bread in Hendersonville, 10 a.m. Call Krys at 815-4538. » Newcomers Club Knotty Knitters. Call Loretta 824-5655 for info. » The Gallatin Public Library will offer free Zumba classes starting March 5. The classes will be Tuesday evenings from 6:00-6:45 p.m. and Saturdays, 2-2:45 p.m., at the library. Call Dwan Avent, 731-335-1792.

Saturday, March 9 » Sumner County Democratic Party hosts fundraiser for Safe Place for Animals, 8 a.m. till noon at headquarters at 1194 Long Hollow Pike in Gallatin. Contact Jeanette Jackson, scdw_president@comcast.net » The Sumner Trails Chapter of Tennessee Trails Association will lead a 2.3-mile loop hike at Bell’s Bend Park In Nashville, carpooling from Hendersonville 3510122

Monday, March 11

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Reporter Tena Lee can be reached at 575-7116 or tlee@mtcngroup.com.

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Thursday March 14 » "Springtime in Paris, A stroll along the Seine" Newcomers Club annual luncheon and fashion show 11 a.m. at the Bluegrass Country Club. The French Shoppe will debut fresh looks for the new season. A wonderful meal, fashion show, and door prizes are just a few of the reasons to attend. Reservations: Patty 230-9617 by March 11. Cost $25

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some time ago. We’ve got this trial that’s been set.” Gay said he set the trial date last May and that witnesses have already been subpoenaed. Four hundred potential jurors are scheduled to be questioned on Wednesday and Thursday. Defense attorneys have also requested a change of venue. Gay said he would rule on that after potential jurors are questioned. “I see no basis whatsoever to stop what’s going on here,” Gay said. “If (the Court of Criminal Appeals) stops the trial, that’s what we’ll do.”

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» Newcomers Club Sassy Women dinner at Carrabba’s in Hendersonville, 4 p.m. 431-2644.

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tions, not the crime she was accused of, while she rode in the front seat. At the police station, Lowe testified that she received phone calls and text messages, but that she didn’t feel like she was allowed to respond to them. Judge Gay asked her a series of questions including what Malach told her about his conversation with her parents. “He told me they were disappointed and shocked, and they were concerned for my health,” she replied. Gay said he would rule on the motion at 1 p.m. on Tuesday.

Supreme Court denies appeal

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»LOWE FROM 1M

SUNDAY, FEBRUARY 24, 2013 •

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SUMNER A.M. SUNDAY » MARCH 10, 2013 » GALLATIN, TENNESSEE » SERVING SUMNER COUNTY SINCE 1840

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City probes home inspections Hundreds of Gallatin residences may be affected By Josh Cross Sumner A.M.

Gallatin officials are investigating whether up to 300 home inspections were conducted improperly by an employee who was not certified by the state, a probe that the city codes and planning director insists is unnecessary. At issue are inspections as far back as July 2010 performed

by codes employee Larry Dennis, who had not completed the proper exams to become a certified building inspector by the state of Tennessee. The state requires building inspectors to have passed both the residential and commercial exams through the International Code Council. Dennis had only completed the residential exam. Without the other exam, he could not be and was not certified as a building inspector by the state. The city discovered the issue while checking department certifications while preparing for the upcoming budget cycle, said City Attorney Joe Thompson.

“We’re really trying to get our arms around what is the problem, what extent do we have one, how long of a period, how many homes might be involved and we’re just at the point where we’re not there yet,” he said, though his initial estimate was that 200-300 homes might be affected. “Every indication that we have is that even though not certified, he performed competent inspections,” Thompson said. “Because this person was authorized by the city to perform certain inspections and certified by the state to perform certain other inspections, there are

requirements and said it has not enforced its own rules or standards. He said the situation was the result of a “misunderstanding,” because residential inspections “are not building inspections.” Thompson said the investigation would proceed despite Allers’ assertions. “The city is more concerned with what the state’s interpretation of the certificate requirements are than Mr. Allers’ interpretation,” he said. Attempts by Sumner A.M. to reach Dennis were unsuccess-

a lot of inspections that show up that he did that are perfectly fine.” Gallatin Codes and Planning Director Tony Allers also stressed in a phone interview that he had full confidence in the inspections Dennis performed. In an email Friday, state Fire Marshal’s Office spokesman Christopher Garrett said the state does not issue separate certifications for residential or commercial – that there is only the building inspector certification that covers both. Allers said the state was “wrong” about its certification

» GALLATIN, 4M

Holt rolls out $47M capital plan

HENDERSONVILLE CONGREGATION REACTS

By Jesse Hughes For Sumner A.M.

will praise the Lord at all times; His praise will always be on my lips.” An email, prayfordavid@longhollow.com, has been set up for well wishers to send messages to Landrith. The church will post updates about Landrith’s condition on their website at Longhollow.com and on the church’s Facebook site. Long Hollow’s chapel area will also be open for people to pray for

Sumner County Executive Anthony Holt rolled out a three-year $46.8 million capital projects spending plan to the County Education Committee Monday. Holt’s plan includes a “very conservative” $30 million bond issue to be paid off in 10.5 years. Most would go to education improvements beginning July 1, including school security enhancements and technology improvements. Holt said the package fully funds projects sought by Director of Schools Dr. Del Phillips for the next three years. He said the bond issuance was “vitally important” for the future of the county. “It’s going to take money to do these things,” he said. Holt Holt estimated it would take about $13.5 million for high school additions and $11 million to build a new elementary school. “One thing I would like to see is something we are woefully behind on and we all agree on is technology is the classroom,” he said. “We need to put money in that.” Holt said Friday details are still being worked out but that he hoped to include $4-5 million for technology at schools. He said the county’s debt load has dropped from $175 million when he took office in 2008 to $107 million, and it was time to act. “Education is the place to start the dialog because if we don’t do something we are going to be in big trouble,” he said. “We have got to keep up with our school system as far as our building program. By not doing something you are just sticking your head in the sand and hoping that the problems go away.

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» CAPITAL, 4M

David Landrith, senior pastor of Long Hollow Baptist Church in Hendersonville, is battling a rare and aggressive form of cancer. Landrith, pictured here with his wife, Jennifer, has led the congregation since October 2007. COURTESY OF LONG HOLLOW BAPTIST CHURCH

Long Hollow Baptist’s pastor diagnosed with rare cancer Landrith handling news of illness in ‘inspiring’ manner By Bob Smietana Gannett Tennessee

The pastor of one Middle Tennessee’s largest congregations has been diagnosed with a rare form of cancer. The Rev. David Landrith of Long Hollow Baptist in Hendersonville, which has more

than 9,000 members, told his congregation in an email Friday that he has stage 1 colorectal melanoma. That cancer is considered rare and aggressive, according to a press release from the church. Landrith had surgery last week to remove a spot that concerned his doctors during a checkup. A biopsy and further tests revealed the cancer. The church said that Landrith, 49, is pursuing all treatment options and remains in

good spirits. “For years, David has led us to trust God in every circumstance,” said Lance Taylor, the church’s executive pastor in a statement. “The way he is handling the news has already proven to be inspiring.” Taylor said that Landrith has already gotten calls and emails from friends in Nashville and around the country. In his message to the church, Taylor didn’t make any personal comments. But he did quote from Psalm 34: “I

Lindsey Lowe trial Union could get name addition Duncan proposes begins Monday to add ‘B.J. Hall By Tena Lee Sumner A.M.

When some 180 potential jurors report for duty in a Sumner County courtroom Monday, Criminal Court Judge Dee David Gay will brief them on the wrenching nature of the case for which they could be chosen. “A mother murdering two infants,” Gay said in a pre-trial hearing on Thursday. “If that is such a problem that they can’t be fair and impartial…I feel it’s something I must address with

the jurors head-on and see if that’s an issue.” Twelve jurors and three alternates are expected to be chosen this week to hear the case of Lindsey Lowe, a 26year-old Hendersonville woman accused of killing her infant twins and placing their bodies in a laundry basket on Sept. 12, 2011. The bodies were discovered two days later by Lowe’s parents, who called police. Lowe was retrieved by Hender-

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Memorial Campus’ By Jennifer Easton Sumner A.M.

Bethpage school board member Will Duncan has dropped his proposal to rename Union Elementary STEM and Demonstration School entirely in favor of adding “B.J. Hall Memorial Campus” to the building. School board members discussed the proposal at the March 5 study session and are

233,000 people in Sumner County read our newspapers and use our websites every week. GallatinNewsExaminer.com

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expected to vote on the issue when they meet March 19. Duncan had at first proposed in February to change the name of Union to honor former principal B.J. Hall, a longtime educator and leader in the African-American community. Hall, a Sumner County native, worked for the school system 44 years and served as Union Elementary principal from 1949-69. The present-day Union Elementary on Carson Street was originally built in 1959 as an all-black elementary school during segregation. Duncan said in an interview

» UNION, 4M

Union Elementary on Carson Street was originally built in 1959 as an all-black elementary school during segregation. JENNIFER EASTON/SUMNER A.M.

NEWS

SUNDAY, MARCH 10, 2013 •

Jurors will hear Lowe’s confession A string of pre-trial hearings has opened a

Judge was asked to recuse himself That wasn’t the only appeal heard by a higher court before the case even

goes to trial. After Gay denied twice a defense motion asking that he recuse himself, Pellegrin and Ramsey appealed to the Tennessee Court of Criminal Appeals. That court denied the appeal on Feb. 26, stating, “no person of ordinary prudence in the judge’s position, knowing all of the facts known to the trial judge, would find a reasonable basis for questioning the judge’s impartiality based on the grounds alleged.” Prosecutors said in court last week that they intend to use text messages between Lowe and the twins’ father to try to prove that she planned to kill the infants to conceal an affair. DNA evidence later proved Jeremy Smith to be the father of the twins, although Lowe told police she was engaged to another man at the time the twins were conceived. Lowe’s attorneys unsuccessfully sought to have the messages suppressed, and have said they aren’t of any “evidentiary value.”

‘Diminished capacity’ Lowe’s attorneys put the state on notice last fall that they plan to use a “diminished capacity” defense, arguing that she lacked the required intent to commit a crime be-

cause of a mental impairment. Last week Gay asked them to confirm that the experts they called were qualified to make that assessment. Pellegrin said Pamela Auble and William Kenner, a psychologist and psychiatrist seen by Lowe, would meet these requirements. In November, Kenner testified Lowe has been diagnosed with post-traumatic stress disorder and other impairments that can affect memory. Kenner said he first saw Lowe about five weeks after her arrest, and that he met with her between eight and 10 times since. “It is our position that she suffered from a substantial mental disease and defect that affected her reasoning,” Pellegrin told reporters following a hearing on March 5. “It’s not an insanity defense.” In previous court testimony, Lowe’s father Mark has described his daughter as a “model daughter” who lived at home and took care of her ailing mother since graduating in 2008 from Western Kentucky University. For day-to-day coverage of the trial, go to HendersonvilleStarNews.com or follow on Twitter @sumneram.

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sonville police at the dentist office where she worked on Sept. 14, and allegedly confessed to police later that day that she gave birth to the twins in a toilet and silenced their cries by placing her hand over each of their mouths. She has pleaded not guilty. A November 2011 grand jury indictment charged Lowe with two counts of premeditated murder, two counts of felony murder and two counts of aggravated child abuse. Prosecutors are not seeking the death penalty, and each of the first-degree murder counts carries a potential life sentence. Lowe has remained free on a $250,000 bond. Gay said last week that the jury would not be sequestered and that he would discuss with them whether any pre-trial publicity they have heard will affect their decision to rule impartially. Lowe’s defense attorneys, John Pellegrin and James Ramsey, have requested a change of venue, and Gay has said he is taking that request under advisement until jury selection begins.

window into the strategy both sides intend to use in court. Lowe’s attorneys have argued, for example in two separate motions that her confession to police should not be admitted as evidence. In a Nov. 5, 2012 hearing, defense attorneys argued that police did not properly read Lowe her Miranda Rights, that her statement was coerced, and that she was operating under a diminished mental capacity. In a February hearing — one in which Lowe testified for the first time in court — her lawyers argued that Lowe had been in police custody when detective Steve Malach came to her workplace to question her and asked that she accompany him to the Hendersonville Police Department. Sumner County District Attorney Ray Whitley argued that Lowe was not in police custody at the time. In both instances, Gay sided with the prosecution. Defense attorneys appealed Gay’s Nov. 5 ruling all the way to the Tennessee Supreme Court, which denied the appeal Feb. 22.

»LOWE FROM 1M

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180 jurors report for duty Monday for Lowe trial

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Reporter Tena Lee can be reached at 575-7116 or tlee@mtcngroup.com.

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COMMUNITY EVENTS Send your community event to gnenews@mtcngroup.com.

Monday, March 11 » Hendersonville League of Women Voters is hosting Sumner County Election Administrator Lori Atchley to discuss electoral process, 6 p.m. at Hendersonville Public Library. » Newcomers Club Bookworms

at 10 a.m. to discuss “Unbroken” by Laura Hillenbrand. 989-9036. » Lakeshore Quilt Guild meets, 10 a.m. at the Hendersonville First United Methodist Church. 822-6387

'%-0-4%0, &$0$"2"-$6 » Newcomers Club Movie Night Ladies night Out at NCG Theaters in Gallatin. Movie TBD. $6, popcorn is $2. Contact Kim 822-1117 or kim@stokesvideo.com

Tuesday, March 12

Wednesday, March 13

» Newcomers Club Knotty Knitters. Call Loretta 824-5655 for info.

» Gallatin chapter of TVA retirees to meet at King Solomon Lodge in Gallatin. Refreshments

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Thursday, March 14 » "Springtime in Paris, A stroll along the Seine" Newcomers Club annual luncheon and fashion show 11 a.m. at the Bluegrass Country Club. The French Shoppe will debut fresh looks for the new season. Reservations: Patty 230-9617 by March 11. Cost $25

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SUMNER’S MOST INFLUENTIAL SECTION, FEATURING 30 INDIVIDUALS AND ORGANIZATIONS PAGE 1C FRIDAY » MARCH 15, 2013 » GALLATIN, TENNESSEE » SERVING SUMNER COUNTY SINCE 1840

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Planning director placed on leave

COURTROOM COURTROOM DRAMA DRAMA

Gallatin mayor suspends Allers as city investigates home inspections By Sarah Kingsbury and Josh Cross Gallatin News Examiner

Lindsey Lowe talks with her defense attorney, John Pellegrin, during a break in the trial Wednesday. LARRY MCCORMACK/GANNETT TENNESSEE

MOTHER ON TRIAL FOR KILLING INFANTS Jurors watch tape of Lowe confessing in police interview By Tena Lee Gallatin News Examiner

“As I was talking to her, she corrects me and she said there were two babies ... I had no clue.” STEVE MALACH

Jurors watched on Wednesday as Lindsey Lowe, interrogated by Hendersonville Police Detective Steve Malach, told in her own words how she gave birth on the toilet of her Hendersonville home to infant twins and then killed them. Lowe, 26, faces first-degree murder, felony murder and aggravated child abuse charges in the incident, which took place on Sept. 12, 2011. Sumner County District Attorney Ray Whitley introduced into evidence on Wednesday the hourlong videotape in which Malach interviews Lowe, who then confessed to the crimes. Malach first read Lowe her Miranda Rights and told her she didn’t “have to have an attorney.” Many of Lowe’s responses were barely audible in court. Jurors were given headsets. Through a series of questions and answers, Lowe said she knew she was pregnant almost throughout her pregnancy but that she didn’t go to a doctor. She said she thought her fiancé, Jonathan Brooks, was the father of the twins, but later admitted it could be Jeremy Smith, a man she had intercourse with twice. She said she didn’t tell her parents because she was “scared what they would do or think.”

Hendersonville Police Detective

» CITY, 3A

Hendersonville Detective Steve Malach answers questions from Sumner County District Attorney Ray Whitley about the Lindsey Lowe case Tuesday. LARRY MCCORMACK/GANNETT TENNESSEE

INSIDE THE COURTROOM

Go to Tennessean.com/ lowe to see videos of Assistant District Attorney Ron Blanton and Hendersonville Detective Steve Malach at the trial.

Lowe said she went to a wedding the weekend before she gave birth, and went to work on Monday, Sept. 11, where she started having back pain. She recounted how she gave birth to a baby at around 9:30 p.m., when her parents were downstairs. She told of giving birth in the toilet and then lying on the

bathroom floor. As Malach tried to determine how the baby died, Lowe told him of a second baby. He briefly left the interview room and then returned. After about 15 more minutes of questioning, Lowe admitted to putting her hand over the mouth of the first infant until it stopped breathing. She said she did the same thing when the second baby was born five minutes later. She said she got in the shower, cleaned up the bathroom, and placed the infants in a laundry basket by her bed. She said that when her mother knocked on the

» LOWE, 2A

Portland charter change returns again Council members discuss allowing residents vote in 2014 referendum By Dessislava Yankova Gallatin News Examiner

Portland residents may get to vote in 2014 on a proposed charter change that was narrowly rejected by the City Council twice in 2012. The long-debated issue is back up for discussion in the northern Sumner city, where council members discussed the referendum process during their March 11 work session. The council voted 5-2 March 4 to direct Portland’s city attorney, Da-

vid Amonette, to research what steps would be necessary for a potential referendum on the proposed charter change. Amonette said Monday the proposal would need to pass a one-time council vote, and it would then need approval from the Tennessee General Assembly to get on the 2014 ballot. If approved by the residents, the proposal would automatically go into effect. One vote killed Portland’s proposed charter change twice after coun-

cilors had discussed it for a year, voted to pass it, and received approval by the General Assembly and Gov. Bill Haslam. When it came before the council for second and final reading, Councilor Steve White changed his initial vote and voted against it June 18. The change was brought back up for a vote in September, and once again it failed by one vote at 4-3. The proposed modifications to Portland’s charter would have transformed the city’s governmental structure to allow for the hiring of a city administrator to take over daily opera-

tions and make management decisions such as employee hiring and firing without council approval. Under the new system, the mayor would have a vote on the Portland council and would remain the leader of the city government but with limited authority and lower pay. White House and Millersville currently operate with city administrators.

MetroMix.com

County budget committeeadvances education funding By Jesse Hughes For the Gallatin News Examiner

Funding for education improvements and capital outlay projects were approved by the Sumner County Commission Budget Committee Monday. The committee had put off voting on architectural development fees for two high school additions last month because of concerns about $4 million for a new heating and air conditioning system for Hendersonville High School. On Monday, Director of Schools Del Phillips came armed with information and experts with detailed answers. He said the estimated $3.9 million for the HVAC was done before the school’s addition was planned, and the total cost may need to be increased for the larger building. The committee approved the $360,000 in architectural fees for Hendersonville and $202,500 for Gallatin. Hendersonville High would gain 20 classrooms with the $8 million addition project, adding a new secure entrance and administration controls. Gallatin High would gain 18 classrooms with Phillips the $4.5 million project that connects the two stand-alone buildings, which would give school officials more control over who has access to certain parts of the building. Representatives from the architectural firm Kaatz, Binkley, Jones and Morris Architects Inc. and Hewlett Spencer, LLC were on hand and said plans for the additions would incorporate any school security needs. The measure will go before the full County Commission March 18.

18 SROs approved

White has said he changed his vote based

The Budget Committee also recommended approval of $246,345 to fund from April to June Sumner County Sheriff Sonny Weatherford’s proposal to add 18 school resource officers, with wide discretion as to placement and training of the officers. The Ad Hoc Committee on

» CHARTER, 2A

» BOND, 3A

Referendum process

233,000 people in Sumner County read our newspapers and use our websites every week. GallatinNewsExaminer.com

Gallatin Planning and Codes Director Tony Allers was suspended with pay from his job Tuesday by Mayor Jo Ann Graves as the city investigates whether a codes employee was inspecting homes without proper state certification. Allers has been off work since January recovering from an ankle surgery and is out of sick leave and vacation time. Though he is not receiving a paycheck from the city, he will still receive full benefits during his suspension, and will begin to receive his regular pay if the forced leave extends past the time he would have Allers been returned to work by a doctor, Graves said. While he is suspended, Assistant INSIDE Planning Director Katherine Schoch Audio captures will serve as interim zoning adminisAllers reacting trator, and Addam McCormick will with profanity, 3A serve as interim building official, Graves said in a statement handed out at Tuesday’s Gallatin City Council meeting. The two employees had previously been appointed by the council to serve in such interim positions until Allers returns from medical leave. Allers will remain on forced administrative leave until he “is notified by my office of a change in status,” Graves said in the statement. Allers said in a phone interview Tuesday that two Gallatin Police Department officers showed up at his door at 4:30 p.m. to serve him with his suspension letter. He argued the move was a personal attack that had “no merit.”

NEWS

2A • FRIDAY, MARCH 15, 2013

Gallatin Forecast

Today High 64 Low 51 Wind: SW 4-8 mph 10 a.m. Noon 5 p.m. 10 p.m. Pleasant and warmer

Pleasant and warmer

Times of clouds and sun Wind: WNW 7-14 mph

Showers possible; cooler Wind: NE 6-12 mph

62/39

52/39

Near Normal

Opening statements

56 WED

A chance Partly Showers for sunny around showers Wind: SSW Wind: NNW Wind: S 4-8 6-12 mph 8-16 mph mph

60/46

61/40

65/44

Across Tennessee Today’s high/tonight’s low Bristol 57/41 Clarksville 66/52 Memphis Chattanooga 65/49 Knoxville 60/46 Nashville

73/56 65/52

National outlook Temperatures 3/15 - 3/21

In his opening statement Tuesday, Assistant District Attorney Ron Blanton told a Sumner County jury that there were no diapers, formula or any preparations for a baby’s arrival. He said no one knew Lowe was pregnant, including her parents and a sister who also lived at home.

Below Normal

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Apr 10

Sunrise Sat. .... 6:55 a.m.

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Officer becomes emotional on the stand bathroom door at one point, the babies were already dead. Before the video was shown, a co-worker of Lowe’s at the pediatric dentist’s office where she worked testified. Terry Lynn Farrell, who worked in the billing department of the office with Lowe, said she pulled into the parking lot on the morning of Sept. 14 at about the same time as Lowe and that the two walked in together. She said Lowe said she felt better after Farrell asked how she was feeling. Someone had told Farrell that Lowe, who did not report for work on Sept. 13, was home sick. Farrell said Lowe told her she had some type of “stomach thing” the day before. Text messages from Lowe to Smith, and to family and friends, were read aloud in court Wednesday. At one point, Lowe was overwhelmed with emotion and left the court room.

Partly sunny and nice

» CHARTER FROM 1A on feedback from constituents. “I went out and talked to the people, and many of them said I voted wrong the first time,” White said after the 2012 July vote. “They wanted to keep the right to vote for a mayor, and I represent the people.” Councilor Tim Coker has brought the proposal back up for discussion several times, including in February. Coker said people have been contacting him since the charter failed in July. “After the first time they voted it down, people started contacted me asking if we can do it through a referendum,” Coker said. “But the legislature was out of session so we had to wait until this year. That’s why I brought it back up.” In several past meetings, councilors have

MCCORMACK/GANNETT TENNESSEE

“She hid the pregnancy because no one was going to interfere with her life,” he said. “You will see that these twins never had a chance to live.” John Pellegrin, one of Lowe’s defense attorneys, said Lowe grew up in a close and loving family that was active in City Road United Methodist Church in Madison. He said Lowe suffered from a “dissociative state of mind.” “She was pregnant but

she refused to accept it,” he said. “She literally pushed it out of her mind.” Pellegrin described Lowe giving birth on a toilet in the home she shared with her parents and said her memory of the events was “sketchy.” He said while Lowe was giving birth, she thought “some internal organ” had come out.

Officers testify

Several Hendersonville police officers testi-

Contact Tena Lee at 575-7161 or tlee@mtcngroup.com.

asked various questions regarding the process required for the potential referendum. “One of the main questions was: is it binding?” Portland Mayor Ken Wilber said. “If the people vote the referendum in, does it have to go back to the council for a final approval or not?” Amonette told councilors Monday a final council vote would not be needed. “If the residents approve the referendum, it would become effective after the Election Commission certifies it,” he said. “I don’t see anything wrong with giving the citizens of the city the right to vote on that issue, and whatever the vote is, I’ll be comfortable with that vote.” Wilber has expressed support for the new system despite the fact that his authority would diminish with the hiring of a city administrator.

‘Beating a dead horse’

ular meetings and in committees to discuss the proposal and “they keep bringing it back up.” Instead of spending taxpayer money on further research, McDowell suggested having residents sign a petition requesting a referendum as they did with liquor-bythe-drink, which passed in Portland several years back. If councilors and the legislature clear the proposal, the referendum will appear and be voted on during the 2014 primary election. That way, mayoral candidates would be aware of whether they were running for a full- or part-time position in the general election, Wilber said. Wilber said he is not sure if he’ll run again after serving two terms since he was first elected in 2004. Some councilors have suggested that the three who oppose the new system, McDowell, White and Mike Callis, are doing so because they want to run for mayor.

Coker, who has shown strong support for the new system throughout the discussion, said he hopes councilors would agree to a referendum, which would give everyone the chance to express their opinion. “The only way to know how people really feel is to let them vote on it,” Coker said. “I’ve let a lot of items that I didn’t agree with go to a referendum, and I hope the rest of the council would do the same. People should be given the chance to vote on their form of government.” Portland Vice Mayor Jody McDowell has opposed the new system, saying the public, not the council, should select the city administrator. He voted against further research on the proposal on March 4. “I’m not against letting the people vote on it,” McDowell said. “I’m against spending anymore money researching this because it’s like beating a dead horse.” The city, McDowell said, has “already spent a lot of money” during reg-

Reporter Dessislava Yankova can be reached at 575-7170 or dyankova@mtcngroup.com.

CLARIFICATION

Today’s Crossword Answers

Due to an editing error, the first paragraph of a story published in the Friday, March 8, edition of the Gallatin News Examiner contained words that were intended to have been deleted. The paragraph should have read: “Portland pet owners

looking for spay or neuter services will be able to take advantage of a cheaper alternative in coming days thanks to a fund established as a result of animal abuse.” The News Examiner regrets the error.

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Lindsey Lowe Sumner County Criminal Court Judge Dee David Gay presides over the Lindsey Lowe trial. LARRY

fied Tuesday, including Master Patrol Officer Jeremy Fentress, who retrieved the infants. Fentress became emotional on the stand, pausing before telling how he pulled back a plaid sheet, and then bloody towels, to discover the first infant. Malach, the lead investigator on the case, said after hearing of the death of an infant, he went to the pediatric dentist’s office where Lowe worked to talk with her. He said her mood changed from jovial to serious when he told her he “found the laundry basket.” “My mission was to sit down and talk with Lindsey Lowe and find out what happened,” he said. Once at the police station, Lowe started to tell how the infants died, Malach recalled. “As I was talking to her, she corrects me and she said there were two babies,” Malach said. “I had no clue.” Lowe cried Tuesday when prosecutors played a tape of her father calling police on the morning the babies were found. The defense was expected to present its case Thursday, after this newspaper’s deadline. For the most up-to-date coverage of the Lowe trial, go to GallatinNewsExaminer.com.

2014 referendum vote would be binding

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WEDNESDAY » MARCH 20, 2013 » GALLATIN, TENNESSEE » SERVING SUMNER COUNTY SINCE 1840

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STEM on track for fall start

More science, math curricula coming to seven high schools By Jennifer Easton Gallatin News Examiner

Sumner County high schools are on track to begin offering a science, technology, education and math (STEM) based curriculum beginning in August, school officials said. District officials announced a plan a year ago to offer more specialized, varied curricula at seven county high schools beginning with the 2013 school

Family sues former deputy

year. The plan has since been redesigned following community surveys in November that showed parents favored a STEM-based curriculum as a part of their children’s education. School officials say they’re still tweaking some offerings but have solicited businesses to partner with each community high school. Businesses will team with schools to provide support, job shadowing and internships, said Jennifer Brown, director for instruction for Sumner County Schools. The offerings are based on surveys results, economic development data from each com-

munity, staffing already in place, and interest at each school, Brown said. Sumner Brown high schools will see some new courses offered beginning this fall and many existing classes will be restructured with STEM concepts embedded in the curriculum, Brown said. “We’ve asked principals to be aware of where the interest

lies and schedule around what our students are interested in,” Brown said, adding the district has already seen interest in STEM-based curriculum for next year as eighth-graders begin to register for their freshman year. “We’re going to try our best to accommodate every student that’s interested,” she said. The new paths will create more choices and opportunities for students where high schools have typically failed to do so in the past, said Director of Schools Del Phillips. “We teach what we like to teach and what we’ve taught for years and that may not be what

our customers really want; our customers are our students yet we continue to give (them what they don’t want),” Phillips said. The course paths being designed will offer training and certifications students can find value in after high school, Phillips said. At Westmoreland High School, for example, students will have the opportunity to enroll in courses that will certify them as a first responder or nursing assistant by the time they graduate. At Portland High School, career and technical education will provide students

» STEM, 3A

MORNINGSIDE CHILI COOK-OFF

By Josh Cross

Gallatin News Examiner

The parents of a Sumner County girl who who was photographed inappropriately by a former sheriff’s deputy have filed a civil lawsuit in federal court against the officer. Former Sumner County Sheriff’s Office Deputy Christopher Cunningham, 26, is named as a defendant along with Sumner County government in a suit filed in the U.S. District Court in Nashville Friday, March 15. Tabetha and Cunningham Ricky O’Connor, who are represented by Lebanon-based attorney John L. Meadows, claim that Cunningham violated the constitutional rights of their 13-year-old daughter and 18year-old son and are seeking punitive damages in an amount to be determined by a jury. Cunningham, who was hired as a deputy by the sheriff’s office in 2008, was charged with official misconduct and three counts of unlawful photography of the O’Connor’s daughter. He was fired from the department

» DEPUTY, 6A

Helga Hardin, right, gets a sample of chili for Lucy Richey during the fifth annual Chili Cook-Off held at Morningside of Gallatin Friday, March 15. JOSH CROSS/GALLATIN NEWS EXAMINER

Chili raises funds for food bank

By Josh Cross

Gallatin News Examiner

Morningside of Gallatin held its fifth annual Chili Cook-off on Friday, March 15. All of the money raised from the event went to the Sumner County Food Bank. As of Monday, the event had raised $880. “It’s a cause that is near and dear to many of our hearts,” said Morningside Executive Director Stephanie Harville. Harville said that she received several donations in honor of Homer Bradley, a strong supporter of the food bank, who has served as a volunteer at Morningside since 2009.

“I think it’s a shame that we have to have the food bank,” he said, “but I think it’s such a wonderful thing that we do have it.” There were seven chili submissions from staff members and volunteers. Karin Berry, a cook at Morninside, made the chili that received the majority of the 50 votes cast by those in attendance. Jacki Beasley won second place. Residents and staff of Morningside also dressed up to celebrate St. Patrick’s Day. “It was a win-win situation for us to do something good for the community but

Murder trial testimony wraps up, Lowe decides not to testify Hendersonville woman’s sister, father take the stand By Tena Lee Gallatin News Examiner

Lindsey Lowe decided not to take the witness stand on her own behalf, jury members learned on Monday – the last day of testimony in the Hendersonville mother’s first-degree murder trial. While the jury was out of the courtroom, Lowe waived her right to testify, saying she didn’t feel like she was emotionally capable of handling it. Lowe, 26, was tearful, but did not exhibit the emotion she had been scolded for showing last week, when Sumner County Criminal Court Judge Dee David Gay told her she was acting like a child. He had warned her she would not be allowed in court unless she

Lindsey Lowe gets emotional as she states on the stand that she will not testify in her own defense during a hearing without the jury present at her murder trial Monday, March 18, in Gallatin. GEORGE WALKER IV/GANNETT TENNESSEE

could control her demeanor. Lowe’s choice not to speak on her own behalf came after testimony from both her father and sister who were called by defense attorneys John Pellegrin and

James Ramsey. The defense wrapped up its case Monday and the jury was expected to start deliberations Tuesday, after this

» LOWE, 6A

233,000 people in Sumner County read our newspapers and use our websites every week. GallatinNewsExaminer.com

MetroMix.com

INSIDE

For more photos of the Morningside Chili Cook-off, see page 4A.

have a fun resident activity as well,” Harville said. Ruth Dyer was selected as the best dressed female resident while Jim Panipinto and Oral “Buster” Grubbs were selected as the best dressed male residents. Jackie Beasley was selected as the best dressed staff member. Contact Josh Cross at 575-7115.

THE BELL TOWLES

Bracketology burnout is here This month more than any other time of the year almost everyone becomes a college basketball fan. Even if you don’t know the difference between an Ohio State Buckeye and a Belmont Bruin, more than likely you know what an NCAA Tournament bracket is and how to fill one out. At this time of year, NCAA brackets and office pools rival spring break and taxes when it comes to hot topics around the water cooler. By the way, do offices even have water coolers anymore? Soon after the men’s tournament brackets and 68 teams were announced late Sunday afternoon, we started feverishly filling out our brackets. That’s

» MIKE TOWLE the fun part – no one has lost a game. All 68 teams, or at least the 64 left standing after Tuesday’s four play-in games, still have a dream. Cinderella has lots of company. With our brackets, we ponder the dozens of variables as we try to figure out where the upsets lurk, what the most likely sec-

» TOWLE, 2A

NEWS

6A • WEDNESDAY, MARCH 20, 2013

Deputy named in suit fired in 2012 »DEPUTY FROM 1A

the same day he was arrested in August 2012. He pleaded guilty to all four charges at a hearing Feb. 14 and was sentenced to three years of probation. Meadows said in a phone interview Friday that the family would have filed the suit regardless of how Cunningham pleaded in the criminal case. “The O’Connor family is seeking damages for their constitutional deprivation and injuries,” he said. “They look forward to their day in court and they sincerely hope that this does not happen to anyone else.” Attempts to contact Cunningham by this newspaper’s deadline Monday were unsuccessful. Cunningham had not been served the lawsuit Monday and there was no attorney listed as his legal representation on the court documents. A spokesman for the state Department of Correction said he had been reporting to his probation officer.

New details

The lawsuit stems from a July 26, 2012 inci-

dent which began when Cunningham ordered the O’Connor’s daughter, her 16-year-old boyfriend, and her 18-year-old brother, into his patrol car after he saw them walking down Mt. Vernon Road in Bethpage at about 3 a.m. While in the car, Cunningham questioned the group and learned that the girl and her boyfriend had fought over a text message. The girl, whose phone was at her home, was described as wearing a pair of gym shorts and a sleeveless shirt when Cunningham conducted a pat-down of her. The court documents, which do not identify the 13-year-old girl, said Cunningham did not request the presence of a female officer to conduct the search. After the search, the deputy ordered the children into the patrol car and drove them to the O’Connor’s home where he went inside with the girl while the two other males were told to stay in the car. While inside, Cunningham told the girl not to wake her parents, who were asleep at the time, the complaint said. The

two went into the girl’s room where Cunningham searched her phone and areas of her room. “While in Jane Doe’s room, Deputy Cunningham questioned Jane Doe about the clothing that Jane Doe was wearing in the text message and ordered her to put on the bra and shirt that she was wearing in the text message,” according to the the lawsuit. While she was changing into the clothes, the complaint says Cunningham began taking photographs of her “in various states of undress.” After the two went back outside Cunningham told her “that she was beautiful” and not to tell her parents about what happened. Cunningham was initially placed on administrative leave after police received a complaint from the girl’s parents, Maj. Don Linzy said in an August 2012 interview. Charges were filed after forensic information came back from the Tennessee Bureau of Investigation. Contact Josh Cross at 575-7115 or jcross@mtcngroup.com.

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Lowe’s sister says her and Lindsey were ‘best friends’ »LOWE FROM 1A newspaper’s deadline. Both Mark and Lacey Lowe said that neither suspected Lindsey was pregnant. Mark Lowe, a manager at an automotive dealership, described Lindsey as a model daughter who was involved in a swim team and dance as a young girl. He said she never gave her parents any trouble while attending Goodpasture Christian School and Western Kentucky University, where she majored in interior design. “Any parent would be very fortunate to have a daughter like Lindsey,” he said, adding that she grew up attending City Road United Methodist Church, where she still sings in the praise band and choir. Mark Lowe said he had met his daughter’s fiancé, Jonathan Brooks, and approved of their engagement. He had not met the man who was later determined to be the father of Lowe’s twins, Jeremy Smith. He described Lowe’s engagement to Brooks as “dysfunctional” around the time the twins were conceived because the two were living in separate cities and Brooks’ mother had become ill. Mark Lowe said the day the babies were discovered, his wife, Paula, found one infant and called him to come upstairs with “some panic in her voice.” He saw the dead infant and was, “in shock,” he said. About 15 minutes passed before he took any action, when he called a friend who was an attorney, and then a pastor. After that, he called Hendersonville police. He testified that he asked police to take his daughter, who was at work at the time, to the hospital. He said he also asked for his daughter to be allowed to have an attorney. The night the twins were born, Mark Lowe said he and his wife both checked on Lindsey, who told her parents she had a stomach bug and didn’t need any help. Lacey Lowe, who is three years younger than her sister, said the two were “like best friends,” but she did not know about the pregnancy. During her testimony, jurors saw several photos taken at a wedding Lindsey attended the weekend before she gave birth. Lindsey, a bridesmaid in the wedding, was seen dancing in the same dress she had been fitted for six months prior. In the day’s last testimony, prosecutors called Dr. John Hutson, a forensic pathologist from Cordova, Tenn., to rebut the testimony of two mental health experts previously called by the defense. Hutson, who interviewed Lowe in November 2012, said he diagnosed Lowe with major depression and post-traumatic stress disorder. He said the PTSD was caused by the Sept. 12, 2011 incident, not childhood trauma, as the other experts had said. Hutton also testified he didn’t believe

Lacey Lowe, top, comforts her sister, Lindsey Lowe, during a break of Lindsey Lowe's murder trial Monday, March 18, in Gallatin. GEORGE WALKER IV/GANNETT TENNESSEE

Lindsey Lowe’s father, Mark Lowe, testifies during her trial Monday, March 18, in Gallatin. GEORGE WALKER IV/GANNETT TENNESSEE

Lowe suffered from a dissociative disorder, the previous doctors’ diagnoses. He said if Lowe had been dissociating when she had the babies, she would have screamed and asked for help when it was offered. She also wouldn’t have been able to clean up the bathroom or herself, Hutson said. Earlier in the day, Lowe’s defense attorneys again requested a mistrial, as they had done Friday. Pellegrin said the defense was being held to a different standard than prosecutors, and that many of his motions had been hurried along. He said Gay’s reproach of Lowe last week went too far. “She is someone with significant mental health issues and we felt like that went beyond,” Pellegrin said. Gay denied the request. To find out what happened in court Tuesday, after this newspaper’s deadline, go to GallatinNewsExaminer.com. Contact Tena Lee at 575-7116.

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SUMNER A.M. SUNDAY » MARCH 17, 2013 » GALLATIN, TENNESSEE » SERVING SUMNER COUNTY SINCE 1840

50¢

Beech’s Hurd commits to UT By Chris Brooks Sumner A.M.

Jalen Hurd simply didn’t want to wait any longer to decide on his collegiate future. The Beech High School standout running back and reigning Class 5A Mr. Football made that clear Thursday morning, when he committed to the University of Tennessee Volunteers, choosing to stay in his home state to play college football. “I really wanted to go to UT,” Hurd said. “Last year, they weren’t in such a good position for me to go there, but with Coach (Butch) Jones and the

new staff, I think it’s the best place for me to go.” Hurd said the decision had been lingering for a few days after a recent visit to Knoxville for the Vols’ home basketball game against Kentucky. There, he met with the entire coaching staff and spent two days getting acquainted with Jones. Hurd said he had also been considering Ohio State and Florida before deciding to head to Rocky Top. Hurd said recent Volunteer recruits Vic Wharton, of Independence High School, and Todd Kelly, Jr., of Webb School of Knoxville, had been trying to convince him to join them in the

recruiting class of 2014 with mentions on Twitter. But Hurd said he didn’t need the extra convincing. “I pretty much knew that I was going to go to Knoxville,” he said. Hurd, listed as a four-star recruit by Rivals.com, will enroll early at Tennessee, as he will graduate from Beech in December. He believes the extra time will only help him acclimate to his surroundings faster and better prepare him for life in the Southeastern Conference. “It will be good to get a flow going,” Hurd said. “I’ll have the extra time to get settled in up

there and have some classes under my belt. I’ll get a chance to learn the playbook sooner and take more of it in.”

Running back

Hurd said Jones wants him to remain at running back. One of Hurd’s offseason goals was to add some extra weight to his frame, and he appears to have done just that. “I’m weighing in around 231 or 232 pounds right now,” said the six-foot-three Hurd, who was listed at 210 last season. “I’m right around where I want to be.”

» HURD, 6M

Jalen Hurd sports his new colors. SUBMITTED

City may buy old tire dump property

GARDENING FOR GOOD HEALTH

Grassy lot may be good investment, council members say By Josh Cross

IF YOU GO

Sumner A.M.

What: Community Garden Grand Opening When: Saturday, March 30, 1-3 p.m. Where: Portland Parks and Recreation Department, 303 Portland Blvd. For more information, call 615-325-6464

Plots are available in half or full sizes, at 10 by 10 feet or 10 by 20 feet. “Based on how many requests we get, there’re different configurations of the full and half plots, so it’s hard to say exactly how many spots we have,” Osborne said. “We’ll take them until it’s full. We’ll grid them as we get them.” Why get a plot now? Because the rental fee for 2013 will be waived. Gardeners will only need to pay a refundable $25 deposit, which they will get back if they follow the guidelines, which include keeping their growing area clean and orderly. Starting in 2014, rental fees will be $50 for a full plot and $30 for a half for Portland residents, and $60 for a full and plot or $40 for a half for non-resi-

Nearly one year after the former site of Brown’s Warehouse Tires was cleared, the Gallatin City Council is discussing the possibility of purchasing the now-vacant property for what could be significantly less than market value. The three parcels of property, located on the corner of West Eastland Street and Blythe Avenue, total 3.71 acres. The location was declared a public nuisance and seized by the city on March 5, 2012 after years of codes violations, as it contained thousands of old tires, exposed electrical wiring, crumbling buildings, trash, stagnant water and used motor oil. The city used a state Department of Environment and Conservation grant to clean up the property, and in exchange, the state put a $100,000 lien on the land that it would recover if the land were sold. The city spent another $27,000 on its own in cleanup effort, which it also planned to recover through a lien. Members of the council were informed last month by City Attorney Joe Thompson that the state was open to the idea of forgiving

» GARDEN, 5M

» COUNCIL, 5M

Heidi Parker, services assistant with the Portland Parks and Recreation Department, works on a plot of land that will soon become what may be Sumner County’s first community garden. DESSISLAVA YANKOVA/SUMNER A.M.

Portland thumbs get greener

What may be first community garden in Sumner set to open By Dessislava Yankova Sumner A.M.

Aspiring gardeners looking to give their green thumbs a workout need to look no further than Portland. Organizers in the northern Sumner city are preparing for the opening of what might be the county’s only community garden this spring. “Our overall goal is to encourage education, exercise and healthier lifestyle,” said Heidi Parker, who works for the Portland Parks and Recreation Depart-

ment and will be the event coordinator for the garden. On Thursday, workers were removing grass from the 100-by-45-foot area in Richland Park in preparation for the grand opening scheduled for March 30. Those interested in reserving one of the limited spots in the garden are encouraging to do so soon, parks Superintendent Steve Osborne said. “Recently, we’ve been trying to find programs that people are interested in and people seem to respond to programs that are free and are not structured,” he said. “Community gardening offers a good opportunity for folks to enjoy recreation, stay fit and just get involved with something they’ll benefit from.” The garden is open not just to Portland residents but all members of the public.

Judge Gay denies mistrial Google searches about pregnancy allowed as evidence By Tena Lee Sumner A.M.

Lindsey Lowe watches as her defense attorney, John Pellegrin, writes notes during a break in her trial for first-degree murder, felony murder and aggravated child abuse in the deaths of her infants on Sept. 12, 2011. LARRY MCCORMACK/GANNETT TENNESSEE

Lindsey Lowe’s defense attorney requested a mistrial Friday after prosecutors brought up Google searches the mother accused of killing her newborn twins made on her iPhone days before she gave birth. The revelation came during the cross-examination of Dr. William Kenner, a forensic psychiatrist and key witness for the defense. Kenner said Thursday Lowe had a condition known as pregnancy denial, and didn’t know she was pregnant until she started giving birth on Sept. 12, 2011. “She wouldn’t admit to herself or anybody else she was pregnant,” Kenner said under

233,000 people in Sumner County read our newspapers and use our websites every week. GallatinNewsExaminer.com

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Sumner County Criminal Court Judge Dee David Gay talks with Assistant District Attorney Ron Blanton, District Attorney Ray Whitley, and defense attorneys John Pellegrin and James Ramsey during Lindsey Lowe’s trial Friday. LARRY MCCORMACK/GANNETT TENNESSEE

cross-examination Friday, citing studies that show the positioning of babies in mothers who don’t believe they are pregnant. “Did Lindsey Lowe believe she was pregnant?” Sumner County District Attorney Ray Whitley asked. “Not enough so the babies

could change position and anyone could tell,” Kenner said. Whitley then asked if Kenner knew Lowe had made Google searches on her phone related to pregnancy, citing certain websites. Defense attorney John Pelle-

» LOWE, 4M

NEWS

4M • SUNDAY, MARCH 17, 2013

SUMNER A.M.

Expert says Lowe suffered from post-traumatic stress disorder, depression grin objected and jury members were led out of the courtroom. Pellegrin said the searches were unexpected and highly prejudicial, and moved for a mistrial. Gay determined the searches were “relevant and reliable” and could be admitted as evidence. With the jury back in and Kenner back on the stand, Whitley said Lowe Googled “pregnant women and Dr. Porn,” “free videos of pregnant sex,” and “things to make you go into labor” on Sept. 6, 2011. He also said she searched, “how to make yourself go into labor” on Sept. 9. Kenner said he knew about the searches, and suggested she acted out of character due to a dissociative disorder he mentioned earlier as well as the stress she was under.

Mental illness

Kenner testified Thursday that Lowe suffered from several mental ailments, including post-traumatic stress dis-

order, dissociative disorder and severe depression. His testimony is crucial to the defense’s argument of diminished capacity, a legal term that centers around whether or not someone has the mental capacity to plan a crime of first-degree murder. Lowe is charged with two counts each of firstdegree murder, felony murder and aggravated child abuse. Psychologist Pamela Auble was also called by the defense Friday. Auble, who was a witness in the first case in Tennessee that recognized diminished capacity, said she evaluated Lowe on Sept. 23, 2011. She said it was her opinion that Lowe suffered from severe depression, dissociation – a condition where one seems to be outside of his or body – and delirium caused by significant blood loss at the time she gave birth. Auble said the delirium caused Lowe to go in and out of consciousness and that she couldn’t have formed the intent to kill the twins in that state

said Lowe’s mental illnesses stem from severely painful urinary tract infections and surgeries related to those infections from the ages of 3 to 13. He also said that early trauma gave her a passive personality, which put her at risk with someone like Jeremy Smith, the father of the twins. From the witness stand Friday, Dr. Pamela M. Auble tells of her evaluation of Lindsey Lowe after she was arrested in the deaths of her infant twins. LARRY MCCORMACK/GANNETT TENNESSEE

of mind. Like Kenner, Auble said Lowe developed the dissociative disorder as a way to cope with pain as a child. She said Lowe told her she knew she was pregnant since the end of January 2011, but that “she dealt with it by forgetting about it.” Assistant District Attorney Ron Blanton asked Auble if Lowe admitted to her she smothered her twins. “She put her hands on them,” Auble replied. “I don’t know that she said

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she put her hands over their mouths.” The jury was not allowed to hear on Friday testimony from Kenner regarding Lowe’s confession to police. Kenner said Thursday, with the jury out of court, he thought Lowe’s confession was coerced and that Hendersonville Police Department Detective Steve Malach contaminated her statement by asking leading questions and cutting her off when she didn’t answer the way he thought she should. On Thursday, Kenner

Trial continues

Forensic pathologist John Davis also testified on Thursday, saying both twins were at 40 weeks gestation and weighed about 6 1/2 pounds each when he conducted his autopsy. He said they appeared to be otherwise healthy babies who were born alive. He concluded they died from suffocation due to smothering and ruled their deaths a homicide. During a lengthy cross-examination, Pellegrin pointed to discrepancies in reports between Davis and Hendersonville police, who said one baby weighed significantly less than the other. Pellegrin offered other theories of how the twins

could have died, including by hypothermia while in the toilet bowl where Lowe was said to have delivered them. He also said they could have suffocated beneath the weight of the placenta in the toilet. Davis did not dispute those theories. Smith, the father, also testified Thursday. He said he had sex with Lowe three times, the last of them in January 2011. He said he never spoke to Lowe after that encounter and didn't know she was pregnant. During Smith’s testimony, Lowe became emotional, putting her head down. After two recesses, Gay chastised Lowe. “I will not have your emotions be on display for this jury,” he said. “Their job is hard enough, and I won’t have you sitting there looking like a child.” The trial resumes Monday at 9 a.m. Gay said Friday there was a possibility that the jury may begin to hear closing arguments. Contact Tena Lee at 575-7116 or tlee@mtcngroup.com.

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WEAVER’S WELFARE BILL ADVANCES, 6A

DORRIS ONE-HITTER LIFTS WHITE HOUSE BLUE DEVILS, 1B

FRIDAY » MARCH 22, 2013 » GALLATIN, TENNESSEE » SERVING SUMNER COUNTY SINCE 1840

50¢

ONLINE For the latest in local news and updates, visit GallatinNewsExaminer.com

County threatens to ‘implode’ Airport board

LOWE RECEIVES TWO LIFE SENTENCES

Attorney says commission ‘can’t do that,’ statute unconstitutional By Jesse Hughes For the Gallatin News Examiner

Sumner County Regional Airport Authority Attorney Art McClellan filed an unusual motion for declaratory judgment Thursday, March 14, in a lawsuit between the board and the Sumner County Commission that dates back to March 2011. The airport board and the commission have struggled over which entity has power to appoint the authority’s members. The latest filing involves a County Commission rule change in January that set up authority board appointments made in February to fill eight seats believed to be vacant or expired. With that action, McClellan said the commission was “trying to circumvent the ruling of the court” and said he was seeking answers from the court as to “whether the County Commission has the ability to overrule the charter or bylaws of a corporation.” He requested the motion be heard April 1. The county’s rule change removed the airport board’s authority McClellan to vet the county’s nominees to the board. Chancellor Tom Gray ruled in December that the County Commission had the right to appoint the airport board members, but that it had not followed its own rules in its 2010 attempt to appoint two members to it. The authority refused to seat them, which led to the lawsuit three Dennen months later. He restated the order Feb. 13, by removing language the county opposed that exonerated the authority from violations of law unrelated to the lawsuit, including Sunshine Laws.

Paula Lowe hugs her daughter, Lindsey Lowe, before a jury returned six guilty verdicts during the 26-year-old’s trial for killing her newborn twins Tuesday, March 19, in Gallatin. GEORGE WALKER IV/GANNETT TENNESSEE

GUILTY

Hendersonville woman’s attorney pledges appeal By Tena Lee Gallatin News Examiner

Committees discuss dissolving board

The county rule change started working through committees in January, where county commissioners have made statements about dissolving the Airport Authority and starting over. “We’re not going to be able to work with those guys; it’s obvious,” said Com. Chris Hughes at a Rules and Procedures Committee meeting in January. He added, “I would like the Legislative Committee to come up with a plan about reconstituting another Airport Authority because they are going to keep sending the same people.” County Attorney Leah May Dennen explained at that January meeting that the county rule change would revert the authority appointment process back to the way it was four years ago, when the au-

The family of Lindsey Lowe – mother Paula, sister Lacey, and father Mark Lowe – are overcome as they listen to the jury return a guilty verdict Tuesday, March 19. GEORGE WALKER IV/GANNETT TENNESSEE

» AIRPORT, 2A

INSIDE

Read reporter Tena Lee’s column about covering the Lindsey Lowe trial on page 4A.

Go to Tennessean.com/lowe to see videos of the verdict being read and of Tuesday’s closing arguments.

Reception honors Conner’s years of service Sumner County Anti-Drug Coalition Executive Director Katie Brown and President Susan Phillips presented Pat Conner (left), coordinator of Safe Schools, Healthy Students, with an award of appreciation for her years of service to the community at a reception March 19. Many long-time friends and colleagues turned out for the reception honoring Conner, who announced in February she would leave the Sumner school system after 27 years to oversee the Tennessee Department of Education Office of Safe and Supportive Schools. JENNIFER EASTON/GALLATIN NEWS EXAMINER

estimate of $1.4 million to upgrade technology and security upgrades, which she called “a real doable amount.” Structural modifications were estimated at about another $1.3 million. The safety measures call for installing reflective tint on exterior glass, new door locks, and adding security cameras and monitors that can be remotely accessed to each school. Main entrances would

Education was the big winner of the night Monday when the Sumner County Commission approved $30.1 million in bonds, of which $25 million will be earmarked for school district capital projects. The allotted money cannot be spent elsewhere, and County Finance Director David Lawing said in a memo only $5.1 million could be used for non-education purposes. “I am happy that we are focusing some attention on dollars,” Sumner County Board of Education Chairman Ted Wise said after the commission meeting. “I am delighted that we are getting that.” Sumner County Schools Director Holt Del Phillips said the move was “a great step by the commission” that would give “certainty” to the education budgeting process. “I feel much, much better that there is a funding mechanism,” he said, adding that it was “a rational, realistic approach to what we are trying to accomplish.” County Budget Committee Chairman Jerry Stone worked with County Executive Anthony Holt and

» SAFETY, 3A

» BOND, 3A

Safety upgrades estimated to cost $2.7M Gallatin News Examiner

Officials estimate the price of safety upgrades at Sumner schools will be about $2.7 million. The Sumner County Board of Education on March 19 voted 9-0 to move for-

ward with a plan that calls for updating communications equipment, enhanced security technology and modifying 18 school building entrances. School board members on Tuesday were given a breakdown of cost estimates for improvements and building upgrades recommended in a safety audit report presented March 5 by Pat Conner, Safe Schools, Healthy Students coordinator for Sumner County. Conner presented the board an

233,000 people in Sumner County read our newspapers and use our websites every week. GallatinNewsExaminer.com

County’s $30M bond will fund school projects For the Gallatin News Examiner

INSIDE

By Jennifer Easton

» LOWE, 6A

By Jesse Hughes

To learn more about the Safe Schools, Healthy Students coordinator who will replace Conner, see page 3A.

New measures call for more secure entrances at schools

ONLINE

Lindsey Lowe’s defense attorney said he “absolutely” plans to appeal the murder convictions handed down to her Tuesday by a Sumner County jury. The seven-man, five-woman jury deliberated a little more than two hours before convicting the 26-year-old Hendersonville woman of two counts each of felony first-degree murder, premeditated first-degree murder and aggravated child abuse in the 2011 deaths of her babies. The murder convictions carry automatic life sentences. Lowe could face an additional 15 to 25 years on each aggravated child abuse conviction during a sentencing hearing April 26. Sumner County Criminal Court Judge Dee David Gay said he would merge the first-degree felony and first-degree premeditated murder charges into one conviction for each infant. He will de-

MetroMix.com

NEWS

6A • FRIDAY, MARCH 22, 2013

GALLATIN NEWS EXAMINER

Bill aims to reduce EBT fraud Lowe in medical unit of jail

Weaver: too many abuse cash loophole

By Dessislava Yankova Gallatin News Examiner

A Sumner lawmaker’s bill aims to punish lowincome Tennesseans who buy alcohol, tobacco or lottery tickets with taxpayer money. Sponsored by state Rep. Terri Lynn Weaver, R-Lancaster, House Bill 119 proposes to penalize not only the people who use government assistance to purchase alcohol, tobacco and lottery tickets but also the businesses that take the payment. The legislation has gradually moved through committees since first introduced in January. After passing through a Health Committee and a subcommittee, the bill went Tuesday to the Government Operations Committee and now moves to the Finance, Ways and Means Committee. “We spend $127 million in the state of Tennessee on public assistance, and I don’t think that liquor stores, tobacco stores and gambling places is where they should spend the taxpayers’ dollars,” said Weaver. The co-sponsors of the bill another Sumner lawmaker, state Rep. William Lamberth, RCottontown. The bill was led in the state Senate by Sen. Jim Tracy, R-Shelbyville. It received Senate approval in late February when it passed 31-0.

How EBT cards work Eligible Tennesseans qualify for several types of governmental assistance through the U.S. Department of Health

and Human Services and the Tennessee Department of Human Services. This aid is transferred onto an Electronic Benefit Transfer or an EBT card, which resembles and works much like a debit card. “The payment is deposited into the card each month,” said state Department of Human Servcies spokesman Devin Stone. Residents may, however, qualify to receive benefits under two different programs. One, the Supplemental Nutrition Assistance Program (SNAP), is formally known as food stamps. “SNAP can only be used for food purchases at USDA-verified retailers and grocery stores,” Stone said. Officials cannot see the exact items bought, but the card denies purchases of anything besides food before the transaction is processed, Stone said. Some residents qualify to receive benefits under the state’s Families First program, which at the federal level is known as Temporary Assistance for Needy Families (TANF). Under this program, beneficiaries received the same type of card, which in this case has a cash amount that can be used directly at stores for purchases or for cash at automated teller machines. “We can track where it’s spent but not what it’s spent on,” Stone said. “The Families First/ TANF benefit is geared toward providing cash assistance to help with children.” Some residents qualify for an EBT that combines the SNAP and TANF benefits on the same card. “Some people may qualify for one program, and some people may qualify for both,” Stone

said. “If they qualify for both, there will be an amount on that card that is just for cash assistance and another amount that is just for food purchases.”

Penalties

But some welfare recipients have used the cash benefit not only for food, children’s or other essential needs. Instead, beneficiaries have used the card to purchase alcoholic beverages, tobacco products, gambling materials and even to access and for services at adult entertainment venues, according to research conducted by the Franklin Center for Government and Public Integrity. “These are cards they need to use in difficult times,” Weaver said. “And there’re a lot of people who have (the cards), and they shouldn’t have them. We’re on our way to eliminate the fraudulent use of EBT cards.” Weaver’s bill says Tennesseans who abuse welfare acrds will be disqualified from receiving the benefits for one month for the first violation, three months for the second and permanently the third. The penalties would apply if the EBT cards are used for cash at tattoo shops, facilities that provide “psychic services,” adult venues and public establishments where alcoholic is served. Businesses or individuals caught taking payments for the prohibited items would be fined $100 and $500 for first and second violation respectively. That fine would increase to $1,000 for a third or any subsequent violation within five years, according to the bill. Reporter Dessislava Yankova can be reached at 575-7170.

» LOWE FROM 1A cide at the sentencing hearing whether the two life sentences will be served back to back or at the same time. At the very least, Lowe won’t be eligible for parole until she’s 77 years old. Gallatin attorney John Pellegrin, who defended Lowe during her sevenday trial, said Wednesday that Lowe was in the medical unit of the Sumner County Jail, and was tearful and “very upset” when he had a phone conversation with her that morning. “They are keeping a close eye on her,” he said when asked if she were on any type of suicide watch. He said it’s not uncommon for an inmate to remain at the local jail before final sentencing before being taken to a state penitentiary to serve his or her sentence.

Mark Lowe, his wife, Paula Lowe, and daughter, Lacey Lowe, after learning the guilty verdict for their daughter and sister, Lindsey Lowe, after her trial Tuesday, March 19, in Gallatin. GEORGE WALKER IV/GANNETT TENNESSEE

Trial ‘contentious’

In the courtroom Tuesday, Lowe’s family members and supporters began openly sobbing after hearing the guilty verdict on the first charge. Lowe, who twice became emotional enough to be scolded by the judge during the course of the trial, showed little emotion. After the verdicts in all six counts were read, Lowe’s bond was revoked and she was taken into custody. As she left the courtroom, she mouthed the words, “I’m OK,” and told her family she loved them. “I’m very proud of our jury for making the right decision,” Sumner County District Attorney Ray Whitley said outside of the courtroom. “If we don’t stand up for little infants, we’re in bad shape as a society.” Whitley described the trial as “very contentious, very complicated,” and said he thought Lowe’s videotaped statement to police was a key piece of evidence for jurors. “Certainly it was a key because she admitted what she had done,” he said. “It was unsullied, and I believe the truth backed up what her statement was.” Before the trial, Lowe’s attorneys fought unsuccessfully to suppress that video, asserting she had not been properly read her Miranda rights and that her statement was coerced. In the statement, Lowe admitted she held her hand over each infant’s mouth to quiet their cries

Lindsey Lowe in the courtroom during her trial Tuesday. GEORGE WALKER IV/GANNETT TENNESSEE

after giving birth to them in a toilet in the home she shared with her parents and sister.

Different stories

In attorneys’ closing arguments Tuesday, jurors heard two very different theories of the events. Prosecutors argued Lowe cheated on her fiance and knew about her pregnancy, which she kept a secret, from the beginning and killed the babies to conceal her affair. Whitley described the graduate of Goodpasture Christian School and Western Kentucky University as someone who grew up in a loving family that she didn’t want to disappoint by admitting to the pregnancy. “Perfectly normal, full-term babies,” he said. “Yet they were killed within moments of their birth. They were killed by their own mother to protect her image.” The defense attorney, Pellegrin, started his closing remarks by speaking to jurors as if he were Lowe. “Hello, I’m Lindsey Lowe,” he began, “and I’m

smart, I’m educated, and I’m going to hide my pregnancy.” Pellegrin questioned then asked the jurors if that logic made sense. “You carry them nine months and your plan is to kill them? That’s ridiculous,” he said. Pellegrin said Lowe suffered from a dissociative disorder that put her in a state of denial about her pregnancy. He said she was also in a state of delirium and shock the night the babies died. Pellegrin argued Lowe was home all day by herself the day after giving birth, and could have easily disposed of the babies’ bodies had she been in her right mind.

Possible appeals

On Wednesday, Pellegrin said he hasn’t given up defending Lowe. He said one of the issues that may come up on appeal will be Gay’s denial of letting psychiatrist William Kenner refute Lowe’s confession to police. “Dr. Kenner had gone through her entire interview line through line and would’ve said that given her condition, she was not a good historian of the events,” Pellegrin said, “and what she told (Hendersonville Police Department) Detective (Steve) Malach was not reliable.” He added there would be other issues he would likely take to a higher court after sorting through “pages and pages of notes.” Reporter Tena Lee can be reached at 575-7116 or tlee@mtcngroup.com.

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AFTER MURDER CONVICTIONS, THE NEXT CHAPTER BEGINS

Lowe’s life in prison Hendersonville woman, 26, will be incarcerated at state women’s facility By Jennifer Easton Sumner A.M.

indsey Lowe’s trial is over, and for now the 26-year-old woman is an inmate at the Sumner County Jail. But eventually, she will be incarcerated at the Tennessee Prison for Women, a maximum security facility in Nashville. It’s not clear when Lowe might transfer to the women’s prison, but it’s not uncommon for prisoners to remain at the county jail until their sentencing hearing, said Lowe’s attorney, John Pellegrin. On March 19, Lowe was convicted of two counts each of felony first-degree murder, premeditated first-degree murder and aggravated child abuse in the 2011 deaths of her twin newborn sons. The murder convictions carry automatic life sentences, and Lowe could get an additional 15 to 25 years on each aggravated Lowe’s most child abuse conviction at recent jail her sentencing hearing mugshot April 26. Pellegrin said he would appeal the convictions. When Lowe transfers to the women’s prison, she will go through an orientation, or intake process, to learn the rules of the facility, what she can and cannot have, and what’s expected of her, said Dorinda Carter, spokesman for the Tennessee Department of Correction. The prison houses approximately 800 women, who are on average 32 years old. Within 14 days, inmates go through a classification process, in which the state determines what prisoners needs are and what their custody level should be. Lowe will at first be classified at a maximumcustody level, meaning she will have the least amount of privileges. She will be allowed one hour of recreation time each day. Custody levels are classified as minimum, medium, close, and maximum. Lowe will initially occupy a single-person cell, but once her custody level is determined, she could later be paired with a cellmate. Visitation is allowed for general population inmates on Fridays, Saturdays and Sundays, and limited to two hours per visit. Telephone calls are monitored within the prison.

Inside the cell

Preparing inmates to re-enter society begins the day they arrive at the prison, said Carter. “We’ll decide if they’re in need of any programs or treatment,” she said. “We basically begin mapping out the plan for

» PRISON, 5M

Organizations like the Cumberland Crisis Pregnancy Center in Gallatin provides options for mothers who need help handling pregnancy. Pictured after the center moved to its location on Nashville Pike in 2011: Melissa Meyer, director of client services; volunteer, Glennda Ingram, and Director of Development, Jana Allen. DESSISLAVA YANKOVA/FILE

‘A better life’

Safe Haven Law gives mothers option of last resort By Dessislava Yankova Sumner A.M.

For a pregnant woman who feels she has no options to keep her baby, the state has a law of last resort. The high-profile trial of Lindsey Lowe has given those who deal with women in crisis pregnancies the chance to remind mothers about the Tennessee Infant Safe Haven Law. Lowe was convicted Tuesday of killing her twin boys after giving birth to them on the toilet of her Hender-

Sumner A.M.

Gallatin’s director of codes and planning, who was suspended March 12 as the city investigated improperly conducted home inspections, has resigned. City Attorney Joe Thompson said Tony Allers, 63, had signed a separation agreement with the city and would be retiring effective April 3. He was appointed to the position Sept. 2, 2009 by the Gallatin City Council. A special-called council meeting has been scheduled for Tuesday, March 26 at 6 p.m., “for the sole purpose of approving a separation agreement with the Director of Codes and Planning.”

“I think it was the right choice. She got what she deserved.”

By Jennifer Easton Sumner A.M.

Lindsey Lowe’s own videotaped statement to Hendersonville Police Detective Steve Malach was the most convincing piece of evidence presented in trial, two jurors said. The jury on March 19 took a little more than two hours to decide Lowe’s guilt on all six charges Tuesday. Inside the jury room during deliberations, the facts of the case were “pretty clear cut,” said juror Ted Jones, a Gallatin resident. Billy Kingsley, of Gallatin, served as juror alternative No. 1, and sat through six days of testimo-

Allers’ resignation comes nine days after he was suspended indefinitely with pay by Allers Gallatin Mayor Jo Ann Graves as the city looked into inspections conducted by a codes employee who did not hold proper state certification. When the suspension letter was served to Allers at his Hendersonville home by two Gallatin Police Department officers March 12, he twice used profanity to refer to the mayor, which was captured on one officer’s tape recorder. The day of his sus-

pension, Allers told the Gallatin News Examiner that he had no plans to retire or resign from his position. “I want to stay there until she (Graves) has to apologize to me and I’m totally vindicated,” he said in the previous interview. Allers has been on leave recovering from ankle surgery since January. Assistant Planning Director Katherine Schoch is currently serving as the interim zoning administrator, and Addam McCormick is serving as the interim building official for the city. Both Schoch and McCormick were appointed to those interim roles by the City Coun-

» ALLERS, 4M

TED JONES

Lindsey Lowe trial juror

ny during the trial. Kingsley was not present for the jury’s final deliberations, but agreed the facts of the case were clear. Kingsley, a small business owner and father of three boys, said he wasn’t convinced by the pregnancy denial theory presented by the defense, in which testimony was offered claiming Lowe carried the babies vertically because her body

Ready to comply

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» HAVEN, 5M

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didn’t recognize she was pregnant. “I couldn’t factor that in because there was no examination while she was pregnant (proving) that the babies were carried that way,” he said. “Even if they were, it doesn’t change what happened on that day in my mind.” Because Lowe admitted to police her breasts lactated two weeks before the murder, that indicates her body did acknowledge the pregnancy, Kingsley believes. Jones, the father of two children, agreed with Kingsley, adding he felt sure Lowe understood she was pregnant.

» JURORS, 5M

Merrol Hyde student wins spelling bee, heads to D.C. By Mealand Ragland-Hudgins Gannett Tennessee

MURFREESBORO — Finishing runner-up at another spelling bee just wouldn't work for Jonathan Caldwell. A seventh-grade student at Merrol Hyde Magnet School in Hendersonville, he spent the last year compiling word lists and watching footage of past Scripps National Spelling Bee. "I got second place at my school last year, so I stepped it up and focused," said Caldwell, winner of Wednesday's regional spelling bee at Middle Tennessee State University. He bested 44 other students through 18 rounds of competition, spelling his way into the Scripps bee, to be held in May. This is the first year MTSU has held the regional competition, sponsored by

233,000 people in Sumner County read our newspapers and use our websites every week. GallatinNewsExaminer.com

“This law can save a baby’s life, and hopefully we’ll never have another situation in Sumner County like what we’ve dealt with,” said Keith Douglas, director of Sumner County Emergency Medical Services.

Jurors react to Lowe case

Amid probe, Gallatin codes and planning head resigns By Josh Cross

sonville home. The law, enacted in 2001, allows a mother to confidentially surrender her baby without fear of prosecution to a “safe haven,” such as a fire or police department, or hospital. The child must be unharmed and younger than three days old. Within 24 hours, the facility’s employees must contact the Department of Children's Services which, according to state law, must immediately assume care, custody and control of the infant.

the university's School of Journalism and The Tennessean. Before the bee began, Caldwell brushed over some words from a study Caldwell guide while fellow competitors played games on tablets or stretched their muscles to reduce stress. When given words to spell, such as "slumgullion" (a meat stew), Caldwell often told pronouncer Bob Pondillo, an MTSU professor, what the word meant before asking for the language of origin. Caldwell used his finger to write the word on his bib number before spelling it aloud, seemingly effortlessly. "Ginglymus," a joint allowing motion in one plane only, is what

» SPELLING, 4M

NEWS

Women in crisis can seek help from pregnancy center »HAVEN FROM 1M situation, said Douglas, who has been with the agency since 1994. “In light of the (Lindsey Lowe) trial, we’re having discussions to remind all of our employees that EMS stations are part of the Safe Haven Law,” Douglas said. “If an infant is turned in at an ambulance station or a fire station, the first thing we’ll do is evaluate the baby to see if any medical service is needed. The mother’s identity will be kept completely confidential.” EMS operates 10 stations, five of which are located at fire stations, three in Hendersonville, one in Millersville and one in Gallatin. Each of these stations can be a safe haven. The number of infants relinquished under the Safe Haven Law is not clear because DCS officials do not keep separate statistics for such children. DCS officials count those infants as abandoned, a classification that includes other children as well, department spokesman Molly Sudderth said. “The Tennessee Safe Haven Law provides a safe alternative to abandonment for Tennessee mothers who feel they cannot care for a newborn baby, and it affords the chance of a better life for abandoned newborn babies,” she said. No babies have been left at Sumner Regional Medical Center in Gallatin at least within the last five years, but employees there are aware of the law and ready to comply with it, hospital spokesman Rachel Lassiter said. The hospital’s policy in handling such a situation

would be to have emergency room staff check the medical condition of the infant, contact a nursing supervisor, then contact DCS. “It’s a law that saves babies and gives young women in our community an option,” Lassiter said. Hendersonville Medical Center follows a similar protocol. If a mother leaves a baby there, medical staff would take the infant to the emergency room or women's services for medical evaluation while hospital administration contacts the Hendersonville Police Department and DCS, hospital spokesman Krinda Hie said.

‘I wish she would have come here’ Mothers in crisis, however, do not have to wait until they give birth to decide how to handle their baby. Mothers who are not prepared or do not wish to have a child, and are not interested in having an abortion, have resources they can turn to in the community, such as the Cumberland Crisis Pregnancy Center in Gallatin. Founded in 1986, the nonprofit organization provides care and confidential services to women and families experiencing crisis pregnancy. Services include pregnancy tests, maternal support, prenatal and parenting classes and post-abortion recovery, along with other types of counseling. The organization also teaches abstinence classes in middle and high schools, mostly in Sumner, but also in Macon, Trousdale and some of Davidson counties. All services are free of charge. Lowe was painted dur-

GET HELP Cumberland Crisis Pregnancy Center 2229 Nashville Pike (615) 451-1717 ccpchope.org Women who want to learn more about the Infant Safe Haven Law can also call the confidential toll free hotline: 1-888-510-BABY

ing her trial, in part, as a young, pregnant mother who felt desperate and fearful of being judged for her decisions. Whether or not such a characterization was accurate, Crisis Pregnancy Center Director Laura Stehl said women who end up in such situations have options. “Every time I see that story, I wish she would have come here,” Stehl said. “Here, she would have received help and support.” Each year, the organization’s employees and volunteers see more than 1,000 clients, for a total of more than 3,000 visits. Clients come mostly from Sumner but also from other surrounding counties. “Anybody is welcome here no matter what they’ve done and regardless of economic status,” Stehl said. “This is a safe place, where they can say anything and sort through all the immense pressure they’re feeling — they won’t be condemned and judged, but embraced and helped. Everything is confidential. They won’t have to pay a dime.”

The Google searches found on her phone in relation to calculating pregnancy and inducing labor a week before the murders convinced Jones that Lowe was trying to begin the birthing process so that she could deliver the babies at a convenient time. Jones said he was bothered by testimony given by a psychologist to whom Lowe stated her biggest regret was cheating on her fiancé, Jonathan Brooks, with the father of the twins, Jeremy Smith. “To me, if that’s the biggest regret you have, your priorities are wrong,” Jones said.

‘The right choice’

A couple of jurors initially suggested going with a lesser conviction than first-degree murder, Jones said. “We had to (convict) to the full extent of the law (if guilty) — you can’t drop it down because you feel sad,” he said. The jury spent more

time deliberating whether Lowe premeditated the murders. Some didn’t feel she planned to kill the babies, but everyone came to the same conclusion when the facts were reviewed, he said. “Even if the first (murder) was a mistake, she had enough time to reflect on (the second murder), whether that was five, 10, 15, 30 minutes after the first birth,” Jones said. “Her plan was to keep them quiet and not let anyone know, so that to me is premeditated.” Jones said he and his fellow jurors had a very open discussion about whether everyone felt Lowe deserved the convictions before announcing the verdict. “One of the things we (asked was), ‘Is everyone going to be able to sleep tonight? Is everyone comfortable with their decision?’” he said. In the end, the answer was “yes.” “I think it was the right choice,” Jones said. “She got what she deserved.”

Both men said they feel a great deal of empathy for Lowe’s family. Lowe had a loving home, was an educated, attractive, young woman with a bright future ahead of her who made a horrific mistake, Jones said. “I feel tremendously bad about the newborns first and foremost, but I feel so sorry for her family; I can’t imagine hurting my friends and family that way,” Jones said. All in all, Kingsley said he doesn’t believe Lowe is a bad person. The jury was charged with judging the facts of the case, not her character, he said. “She was young, in a bad position and made some extremely poor choices,” he said. “It’s a tragedy all the way around; her family will suffer, and she’ll most likely spend the rest of her life in prison.” Reporter Jennifer Easton can be reached at 575-7143 or jeaston@mtcngroup.com.

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In this 2011 photo, Lindsey Lowe wears a Sumner County Jail uniform after a bond hearing. Lowe was convicted of six charges, including first-degree murder, on Tuesday and will serve two life sentences at the Tennessee Prison for Women. ASSOCIATED PRESS/FILE

trial, and that she was convicted of killing her children, Sumner A.M. asked if Lowe’s safety would be a special concern inside prison. “We have had and do have inmates whose convictions are serious, like in this case, but we take extraordinary steps to protect the inmates who are with us,” Carter said.

“If we determine that (Lowe) needs to be placed in protective custody for her safety, then we can definitely do that.” Reporter Tena Lee contributed to this story.

Contact Jennifer Easton at 575-7143 or jeaston@mtcngroup.com.

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them that will ensure the safety and security of the institution and prepare them for re-entry back home.” Inmates who are closer to their release date aren’t necessarily treated differently than those serving life sentences, such as Lowe, but they are given priority when it comes to enrolling in programs, Carter said. All inmates who are physically and mentally capable must work or go to school, Carter said. Prison work includes jobs like kitchen helper, janitor, library aide, or groundskeeper, and wages range between 17 and 54 cents per hour. Lowe will be able to purchase commissary items like snack foods, shampoo and basic sanitary items. The prison allows inmates to purchase special clear, see-through television sets for their cells. Channels are limited to what can be picked up on the set’s antenna. Considering the highprofile nature of Lowe’s

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Reporter Dessislava Yankova can be reached at 575-7170 or dyankova@mtcngroup.com

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SUMNER A.M. SUNDAY » APRIL 28, 2013 » GALLATIN, TENNESSEE » SERVING SUMNER COUNTY SINCE 1840

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School fees pay for basics By Jennifer Easton Sumner A.M.

Sumner County Schools collected about $1.8 million in school fees for the 2012-13 school year, all of which is money parents can’t be required to pay, but school officials say they couldn’t survive without. The fees, ranging from $45 per student in elementary school up to $150 for a high school cosmetology class, can’t be legally required of parents

for normal instruction during the school day. The money collected in elementary and middle school goes toward Silkwood classroom materials such as workbooks and technology. It also pays for items such as report card envelopes, copy paper, batteries, and printer ink,

according to principals’ requests on file at the district’s central office. In high school, students are asked to pay fees – most ranging from $8-$15 – for nearly every class they take. “Most parents realize without the fees, we couldn’t do what we do,” said Hendersonville board member Vanessa Silkwood, who has pushed to reduce and standardize the fee scale. Last year, the board approved Silkwood’s proposal to reduce

elementary fees from $65 to $45. The district in last year’s budget provided a $10-per-student allocation for instruction. Increasing that allocation would be one way to reduce the fees next year, Silkwood said. “We can’t eliminate (the fees) completely, I don’t think, but we’ve also got to look at how we’re prioritizing our spending on the school board level,” Silkwood said. “There are different things maybe we could not

ONLINE

View a breakdown of school fees by program at GallatinNewsExaminer.com

spend so much money on and try to reduce the fees and the things that we rely on parents and (Parent-Teacher Organizations) for.” Being hit with extra costs can be an eye-opening experience for families who move in

» FEES, 4M

Audit committee aims to head off repeat findings

SETTLEMENT HEARING

By Jesse Hughes For Sumner A.M.

Mitchell Beverly Jr., 23, in Sumner County Criminal Court Thursday before pleading guilty to his involvement in two 2012 home invasions in Gallatin and Castalian Springs. His mother, pictured at right, was the person in attendance besides the judge and attorneys. DESSISLAVA YANKOVA/SUMNER A.M

Accomplice pleads guilty in home invasion cases .

Beverly reaches plea deal in 2012 Sumner rapes and robberies By Dessislava Yankova Sumner A.M.

One of three men charged in two 2012 home invasions and rapes pleaded guilty Thursday and could face up to 24 years in jail. Mitchell Beverly Jr., 23, pleaded guilty April 25 in Sumner County Criminal Court to eight of

15 total charges that followed after he and co-defendants Dewayne Fleming, 21, and Emonnie D. Branch Jr., 19, were arrested in 2012 for their alleged involvement in two incidents — one in Gallatin and another in Castalian Springs. Branch and Fleming’s cases were in court earlier Thursday for a settlement hearing that was continued to June 10 to give Branch’s newly appointed attorney, Gary Williams, time to prepare for the case. Williams is the fifth attorney the state has appointed to defend Branch, court

documents show.

Crimes

The first home invasion leading to charges against the defendants took place on Harsh Lane in Castalian Springs in June 2012. During a preliminary hearing in October, the wife and husband who were victimized testified that they were almost asleep when two men wearing masks appeared in the doorway. The woman said she was raped multiple times in the bathroom while her

» INVASION, 5M

Lowe will serve life sentences at same time, judge adds 25 years By Tena Lee Sumner A.M.

Paula Lowe hugs her daughter Lindsey Lowe before the jury returned a guilty verdict during Lindsey’s murder trial for killing her newborn twins in March. The convictions meant two automatic life sentences for Lowe. On Friday, a judge sentenced her to an additional 25 years for an aggravated child abuse charge, and ruled that all three sentences would be served at the same time, rather than consecutively. FILE/GEORGE WALKER IV/GANNETT TENNESSEE

The testimony Friday of Lindsey Lowe’s friends and family, as well as more than 80 letters written on her behalf, didn’t prevent Sumner County Criminal Court Judge Dee David Gay from handing down the maximum sentence for two counts of aggravated child abuse. The 26-year-old Hendersonville woman was convicted in March of two counts each of felony firstdegree murder, premeditated first-degree murder and aggravated child abuse in the 2011 deaths of her two newborn sons.

The murder convictions carried automatic life sentences, and Gay decided Friday that those sentences would be served at the same time instead of back to back. He also sentenced Lowe to the maximum sentence of 25 years on each of her aggravated child abuse counts. Lowe will be eligible for parole in 51 years. More than 60 Lowe supporters – friends, family and fellow City Road United Methodist Church members – sat in the courtroom at Friday’s sentencing, wearing stickers on their lapels with a pho-

A “very unfavorable” financial audit led the Sumner County Commission to form a special committee April 15 to review the repeated findings and prevent them from happening again. The fiveFrank Freels member committee, which will be chaired by County Com. Frank Freels, was a voluntary effort of the county, though in some cases the state can require the formation of such a body if certain criteria aren’t met, a spokesman for the state Comptroller’s Office said. The requirement would typically be enforced if a county has problematic recurring findings for three years or more. “We have got some discrepancies in some departments, and we want to get them corrected and

get everybody following our procedures,” Freels said Friday. “Everyone needs to be familiar with our procedures. “We just cannot have some of these write-ups in these audits,” he added. State auditors listed 12 unfavorable findings on how county offices conduct their business in ways that affect financial reporting, are not in compliance with auditing standards and/or federal laws, or whose internal controls do not adequately safeguard taxpayer assets. The audit from the state came in with an unqualified, or clean, opinion, though some uncorrected findings were similar to those in prior years. Of the12 findings, one was a material weakness in internal control. To auditors, “material” means it is important. There were seven significant deficiencies in internal control. There were also four findings of noncompliance. The audit committee’s first meeting is scheduled

» AUDIT, 6M

ONLINE

Read the full version of the county audit at GallatinNewsExaminer.com

Comedian entertains at Educate A Woman lunch

The Volunteer State Community College Foundation held its sixth annual Educate a Woman Luncheon April 26 at Long Hollow Baptist Church in Hendersonville. Nearly 400 attended the event, which serves as a major fundraiser for scholarships for local women to attend Vol State. So far, the foundation has raised nearly $100,000 to help further the education of more than 25 women in Sumner County. Pictured above, renowned comedian, Sylvia Leake provided the entertainment for guests. SHERRY MITCHELL/SUMNER A.M.

» LOWE, 3M

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SUMNER A.M.

SUNDAY, APRIL 28, 2013 •

Historic overlay plan will dictate new Castalian Springs storefronts The new overlay wouldn’t apply to the county’s ongoing legal battle over a proposed rock quarry in Castalian Springs. County Com. Joe Matthews, who serves on the planning commission, said he was in favor of the new design review initiative because it allows residents a say in what they would like to see in their own community. The proposal is expected to come before the County Legislative Committee May 13. If passed, it could be heard by the full County Commission June 17. Contact Sherry Mitchell at 575-7117 or shmitchell@mtcngroup.com.

was a culmination of about 12 months of work, including town hall meetings between residents of Castalian Springs and state and county representatives. The overlay would extend down State Route 25 and cover an area of about three miles. Several new businesses have gone up in the area in recent years, including a Dollar General Store with a modern-looking facade. If the overlay had been in place, the business might have had a completely different look. “They could have made the building front look similar to a log cabin or they could have had some characteristics of Wynnewood,” Joyner said.

TE IN TY T VO BESICIAN OUN C YS ER PH MN SU

Sumner’s could become the first county government in the state to adopt a design review plan that determines what future storefronts look like in an unincorporated area. Members of the County Planning Commission voted unanimously April 23 to approve a historic overlay for the town of Castalian Springs. Until now, similar plans have only been approved in larger Tennessee cities. If passed by the full County Commission, the overlay would be placed on top of the area’s current base zoning, adding restrictions for exteriors

of commercial buildings. “This is a huge step in restoring the historical integrity of that area in the future when commercial businesses come in,” County Executive Anthony Holt said. Castalian Springs is home to historic structures such as Wynnewood and Hawthorne Hill. County Planner Rodney Joyner said each case of new commercial development coming into the area would be handled by a design and review board, yet to be appointed. The board would be looking for characteristics that could include ranchstyle storefronts or federal-style, turn-of-the-century facades, he said. The design review plan

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By Sherry Mitchell

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Lowe will be 77 before she will be parole eligible “I have caused untold grief. I cannot explain why I put my babies in a laundry basket. I can only say I’m sorry.” Lindsey Lowe

her children.” Before sentencing, Gay read the names of the infants – Mark Alvin Michael Lowe and Paul Dugard Tate Lowe – saying each weighed 6.5 pounds and lived five minutes. “An entire life spent in a commode,” he said. Gay questioned whether or not Lowe was being truthful in a statement she submitted to him in which she claimed she was twice date raped by the man who was the father of the twins. Lowe was engaged to another person at the time the babies were conceived. “Is that supposed to de-

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value the life of these children?” he said. “I have a serious problem with that – in taking responsibility for what you did.” Whitley said he wasn’t surprised by the sentencing and thought justice had been served. “The law simply did not allow consecutive sentencing,” he said. “She got a life sentence. She’ll be 77 before she can meet her parole officer. That’s a serious sentence. If we don’t stand up for our babies, nobody will.” Lowe’s defense attorney, John Pellegrin, said he had started the appeal process, filing a partial motion for a new trial in Sumner County Criminal Court last week. He expected to supplement that motion after Friday’s sentencing. If the motion is denied, he plans to appeal to the Tennessee Court of Criminal Appeals. “There are a plethora of issues we’ll take up,” he said. “Despite everything that happened I don’t think there’s a mean bone in Ms. Lowe’s body.” Contact Tena Lee at 575-7116.

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to of the young blonde woman and the slogan, “He lives in Me.” Gay said the slogan was a Bible reference, and read the passage it refers to, Galatians 2:20. “My hope and prayer is we look to the one we’re talking about here, and no one else,” he said. It took a jury just over two hours March 19 to convict Lowe of murder for smothering the infants in a toilet in her parents’ home in 2011. Their bodies were discovered by her mother in a laundry basket two days later next to Lowe’s bed. “I have caused untold grief,” Lowe said as she tearfully read a statement in court Friday. She did not testify on her own behalf during her trial. “I cannot explain why I put my babies in a laundry basket. I can only say I’m sorry.” Lowe said she attended the babies’ funerals and had visited their grave sites often. Several spoke on Lowe’s behalf Friday, in-

cluding her younger sister, Lacey, and her father, Mark Lowe. Each described her as honest and meek, and as someone who regularly attended church. “If I had to pick someone to trust my life to, it would be Lindsey without a doubt,” her father said. Dr. Pamela Auble, a forensic psychologist who treated Lowe after the murders, said Lowe was at a low risk for violent behavior, and said research shows that is often the case with women who kill their babies. “Usually this type of crime is situational and not part of a long-standing pattern,” she said. A probation supervisor who supervised Lowe while she was out on bond said she was prompt and never missed an appointment. In his closing remarks, District Attorney Ray Whitley said there was little mention of the babies Lowe killed. He asked Gay to impose the strongest punishment possible to send a message that “a mother simply cannot kill

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