[AL] Jury hung in murder trial - Investigator's wife Kathy Lowe will be retried

Previous posts:

• [AL] Slain at home, Investigator Lowe had a pending domestic violence charge - ...WAFF 48 News has uncovered nine pages of court documents, including this arrest report dated for March 28, 2008 in which David Lowe was charged with domestic violence... Local judges and the staffers from the Marshall County district attorney’s office had recused themselves from the case...
• [AL] Kathy Morgan Lowe arrested for murdering her dv-charged husband, former Sheriff's Investigator David Lowe - The Alabama Bureau of Investigation has charged Kathy Morgan Lowe with murder in the November shooting death of her husband, former Marshall County Sheriff's investigator David Lowe. Authorities said Lowe was arrested about 30 minutes ago...

Video - 2008

MISTRIAL DECLARED FOR ALABAMA WOMAN IN MURDER CASE
The Associated Press
August 4, 2010
GUNTERSVILLE — A judge has declared a mistrial for a woman charged with murder in the shooting death of her 51-year-old husband in 2008. Kathy Lowe is charged with murdering David Lowe, a retired Marshall County sheriff's investigator. He was shot to death in the backyard of his home. The jury declared Tuesday morning it could not reach a verdict. Prosecution witnesses told the jury that Kathy Lowe plotted the murder of her husband as a way to collect a newly purchased life insurance policy. Her defense team maintained the shooting was in self-defense following years of abuse and threats. [LINK]

RECENT TRIAL ARTICLES:

ABI AGENT TESTIFIES IN MARSHALL COUNTY MURDER TRIAL
WAFF
Jul 28, 2010
[Excerpts] An ABI agent testified Wednesday morning in a Marshall County murder trial. Lead ABI investigator Bradley Renfroe told the court about the crime scene where David Lowe was found shot to death in 2008. Lowe's wife, Kathy, is on trial for the murder... Defense attorneys in their opening statements Tuesday say the shooting was a case of self-defense. Prosecutors, however, maintain that it was planned. Wednesday, in Renfroe's testimony, he said there appeared to be a romantic relationship between Kathy Lowe and a former firefighter. In his investigation, Renfroe testified there were 55 calls to the man's cell phone, totaling approximately 14 hours in use time. There were also 329 text messages from Lowe to him. Renfroe also testified he was informed by three insurance carriers of a total of 120,000 dollars in life insurance on David Lowe. The most recent was a 50,000 dollar policy taken out the month before the shooting... [Full article here]

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[AL] Kathy Lowe murder trial - ABI Agent testifies and jury hears 911 call

FIRE CHIEF TESTIFIES ABOUT FIREFIGHTER'S RELATIONSHIP WITH MURDER SUSPECT
WAFF
Jul 29, 2010
[Excerpts] ...The fire chief for the Nixon Chapel volunteer fire department testified in Kathy Lowe's trial Thursday. Brian Keith Walls testified that he asked a volunteer fire fighter to resign or be terminated over a relationship he was having with Kathy Lowe. Walls said he received a complaint in June or July of 2008 and he gave the firefighter a verbal warning, but then in September, he received another complaint that Lowe and the firefighter had been seen kissing outside the firehouse. Walls also testified that Kathy Lowe had a do not resuscitate order filed for her husband David Lowe, asking that it be placed on file and to inform emergency responders to make them aware of the order. Chief Walls, though, said there's not one on file for Kathy... A forensics expert testified Thursday that Lowe was shot twice in the back and one shot penetrated his heart... A sheriff's department employee testified Kathy Lowe was granted a pistol permit, and that she did not check the box where it asks if you are having trouble with anyone, including domestic trouble. That permit was issued just over three months before the shooting... [Full article here]

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[AL] Kathy Lowe murder trial - ABI Agent testifies, and trial overview

PROSECUTOR: INSURANCE, LOVER LED TO DEATH
Sand Mountain Reporter
By Elizabeth Summers
Published July 29, 2010
[Excerpts] Assistant Attorney General Pamela Casey plans to prove Kathy Lowe got exactly what she wanted on a chilly night in November 2008. She says Lowe wanted her husband, David Lowe, dead... Defense attorney Robert Tuten contends Kathy Lowe was afraid for her life and shot David Lowe in self-defense... During the trial, Casey told jurors she planned to bring out discrepancies in Kathy Lowe’s statements made... Following Tuesday’s opening statements, Deputy Charles Cothran and Investigators Wayne Baker and Keith Wilson testified regarding the crime scene... James Conner, of Albertville, a longtime family friend of David Lowe testified Wednesday. Conner said he first heard about David Lowe’s death from television news reports. “It numbed me,” he said. “I called Kathy (Lowe) and asked her what in the world happened. “She said, ‘I’m sorry for shooting your friend.’ “She told me David (Lowe) had held her at bay with a gun. She talked him into letting her go to the bathroom. While she was up, she went into the bedroom and got a gun. She said she hid it in her pants. She asked him if she could go outside and get some air. She said she knew she had to get him outside because if she shot him inside the house, she and the kids would not be able to continue living there.”... [Full article here]

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[AL] Kathy Lowe murder trial - Witnesses testify

MARSHALL COUNTY WOMAN ON TRIAL FOR HUSBAND'S MURDER TAKES THE STAND
WAFF
Jul 30, 2010
[Excerpts] The state rested Friday morning... The defense will now present their case to the jury. Prosecutors allege Kathy Lowe had an affair and took out a life insurance policy shortly before David Lowe's death. Kathy Lowe took the stand in her defense Friday afternoon. She went over a history of fights the two had, including a time her husband was arrested for domestic violence. Lowe got a chance to tell her side of the story to the jury while on the stand but showed little emotion while doing so. Lowe told the jury about David's angry behavior... Lowe also testified to physical confrontations with her husband. She said one time she had to go to the restaurant where she worked wearing sunglasses because she said David had pushed her against a door facing and gave her a black eye. Lowe also testified about a time when David got into a fight with their son Brian and began choking him. She said she begged him to stop and told him Brian was turning blue. Lowe then testified David said, "Well, I was wanting him to turn black so I wouldn't have to worry about it." Earlier in the trial, prosecutors had raised points about Kathy Lowe taking out a life insurance policy on David. On the stand, Lowe responded by saying she didn't really want it and felt he would not qualify because of his healthi. Lowe also testfied about the night she pulled the trigger and the shots that killed David Lowe. She told a story of how David wasn't his usual self that day, and that he held her hostage in their home, and that, on more than one occasion, he threatened to kill her. Kathy testified that on November 11, 2008, when she went outside with a gun, David came after her telling her to go inside and give him the gun. She said he had "a cold look on his face." Kathy Lowe said David went into what she called his police stance. "When I saw him turning, I knew exactly what he was intending to do," she testified. Lowe then said "I pulled the gun up and shot him. Shot three times." Her attorney asked why she shot him, and she said "I shot him before he was going to kill me"... [Full article here]

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[AL] Kathy Lowe murder trial - Fire chief testifies about Kathy's affair

PROSECUTION RESTS CASE AGAINST KATHY LOWE
Sand Mountain Reporter
By Elizabeth Summers
July 31, 2010
[Excerpts] The prosecution rested... The defense team, led by Robert Tuten of Huntsville, began calling witnesses that included Marshall County District Attorney Steve Marshall... Dr. Russell Reeves and a registered nurse from his office... a couple who owned the Barnyard Grill barbecue restaurant in Albertville... a private investigator employed by the defense; and law enforcement officers responding to the Lowe’s home in March 2008 to a domestic violence call... [Nixon Chapel Volunteer Fire Department Chief Brian K.] Walls testified that a Nixon Chapel VFD firefighter had a relationship with Kathy Lowe that caused two fellow Nixon Chapel firemen to file complaints of inappropriate conduct... To Walls’ knowledge, no one has ever brought a DNR [Do Not Resusitate] to the fire department during his eight years as fire chief... State Medical Examiner Valerie Green testified to David Lowe’s autopsy results... Toxicology tests run on his blood samples tested negative for any illicit drugs and alcohol... Diane Lamons, a retiree from both the Marshall County Sheriff’s office and District Attorney’s office, said she talked to Kathy Lowe by phone the day after the shooting while working at the DA’s office. She said Kathy Lowe explained to her David Lowe held her at gunpoint for several hours the day before and held her hostage... ... Cynthia Canfield, a retiree from the DA’s office, testified Kathy Lowe called the DA’s office the day after the shooting and talked to her. She said Kathy Lowe told her the events unfolded differently... Dola Dyson, a former DA’s office employee, testified... Dyson said she thought David Lowe “worshiped the ground” Kathy Lowe walked on but that Kathy Lowe “wore the pants in the family,” during the time she knew the couple... During nearly five hours on the witness stand Wednesday, ABI agent Bradley Renfroe discussed Kathy Lowe’s statements made to him in the early morning hours following the shooting and again in a second meeting in late January. He pointed out inconsistencies in her story, including if she was truly held hostage by her husband, and if so, for how long, and what was the actual trigger for the argument that ultimately led to David Lowe’s death late in the evening Nov. 11, 2008... On Wednesday, the court heard a 911 call placed by her son, Bryan, immediately following the shooting and testimony from Alabama Bureau of Investigation officers regarding her statements made hours and months following the incident. During the 911 call, Bryan Lowe is heard initially reporting “y’all have a domestic violence case at my house. You’re going to need to get deputies here now,” he continues. He told dispatchers, “I don’t know if my dad killed my mom or if he committed suicide … Dad is trying to get up and trying to pull a gun on my mom. I’m going over there to see what is going on and take care of my mom. “She pulled a gun on my dad and shot my dad … I’m not going up there … he’s trying to get a gun out.” In the background of the call, a person sobbing loudly can be heard... [Full article here]

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[AL] Kathy Lowe murder trial - Kathy on stand

DEFENSE RESTS IN KATHY LOWE MURDER TRIAL
WAFF
Aug 02, 2010 10:06 AM PDT
Updated: Aug 02, 2010 2:32 PM PDT
[Excerpts] A jury is deliberating the guilt or innocence of a Marshall County woman accused of killing her husband... Kathy Lowe's sister, Theresa Thacker, testified Monday morning calling Kathy and her husband David's relationship in that last year "volatile." The defense also called Deputy Sheriff Sonny Greer to the stand. Greer talked about when David was arrested for domestic violence, and testified that David threatened to burn the house down if he was arrested, but never did... Prosecutors said Kathy Lowe wanted David Lowe dead. Prosecutor Pamela Casey asked the jurors to consider the following: * Kathy Lowe had a boyfriend. * She had recently taken out a 50,000 dollar insurance policy on her husband Daivd. * Kathy turned in a do not resuscitate order for David to emergency responders. The defense attorney Robert Tuten argued that Kathy Lowe felt a reasonable threat that night of the shooting. Tuten said "Kathy Lowe shot David before he could shoot her"... [Full article here]

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LOWE RELIVES MOMENT THE GUN WENT OFF
Sand Mountain
By Elizabeth Summers
Published August 3, 2010
[Excerpts] A husband with declining health, a worsening temper and a home full of guns he drew on her and family members led Kathy Lowe to fear for her life on a daily basis. The defense rested its case, and closing arguments began Monday afternoon. Lowe, on trial for the shooting death of her husband David Lowe on Nov. 11, 2008, testified for hours Friday, claiming she had been afraid for the lives of her children and herself for months at the hands of her husband. Kathy Lowe recounted the night of Nov. 11, 2008, for jurors, bursting into tears once when reliving the moment the gun went off. Kathy Lowe said the couple had argued most of the evening. He followed her outside to the family’s above ground pool, yelling at her to get back in the house and to give him the gun she had taken from the couple’s bedroom. Kathy Lowe refused, and fired two shots into a neighboring horse field to prove she could use the gun after he insisted she could not. David Lowe told Kathy Lowe he “would get revenge” on her and her son, Bryan, and “would take care of any firemen and policemen” that may respond to the home that night. “I became very fearful,” Kathy Lowe testified. “I was really scared he was going to kill me, Bryan and possibly my mother too.” Kathy Lowe said she contemplated running, but decided not to because he might follow her. She also did not have keys to any of the vehicles parked at the home and could not drive away... “There was no doubt in my mind he was going to kill me that night. I knew it from watching him use his gun over and over,” Kathy Lowe said through tears. “He taught me that law enforcement would not draw their weapons unless they are ready and willing to shoot. “I shot him before he could kill me. “I shot three times. It happened so quick it is almost a blur. Somewhere in my mind I thought I shot him once in the arm or shoulder. I was thinking I might be able to at least disable him so he couldn’t chase me”... In one incident in March 2008, Kathy Lowe recounted how David Lowe told Bryan not to go out to the gym with a friend late one evening. Kathy Lowe said she had to get between the men and told David Lowe, “You’ll have to go through me.” David Lowe responded, “I have no problem with that.” The pair struggled and traded blows before Bryan left the home, calling 911. David Lowe told Kathy Lowe, “If Bryan called the law, I will come back here and blow the whole (expletive) house up.” The police came and eventually arrested David Lowe for domestic violence. Soon after, Bryan Lowe moved into Kathy Lowe’s mother’s home nearby because Kathy Lowe was scared for his safety if he remained in the family’s home... “He was hunter and a collector,” Kathy Lowe said. “He always made sure a gun was in his reach in every room of the house. “I don’t know if that was his law enforcement training or if that was just him. I knew better than to move his weapons.” During a fight in 2008, Kathy Lowe testified David Lowe pulled a gun on her in front of the children. “I was petrified. Deep down, I knew he would most likely do just that, kill me,” she said. Following his 2008 arrest for domestic violence, Kathy Lowe said David Lowe told her he was going to “blow up” the courthouse.” When asked if she reported the threats David Lowe made over the years, Kathy Lowe said she didn’t because she was afraid. “David was the law,” she said. “He told me several times, ‘I am the law. I am in the brotherhood.’ I didn’t think the police would help me.”... [Full article here]

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MISTRIAL DECLARED IN KATHY LOWE TRIAL
Sand Mountain Reporter
By Elizabeth Summers
August 3, 2010
[Excerpts] Judge Tim Jolley declared a mistrial Tuesday afternoon in Kathy Lowe’s trial. Kathy Lowe was on trial for the shooting death of her husband, David Lowe, on Nov. 11, 2008, in the backyard of the couple’s home in Horton... “We are glad there is no conviction,” [Defense attorney Robert] Tuten said. “We definitely have more work to do.” Upon hearing the declaration of mistrial, Kathy Lowe exited the courtroom and eventually left the courthouse surrounded by her family and friends. She declined comment, citing a gag order in effect... “It’s a moral victory of sorts for us definitely,” Tuten said. Jurors began deliberations at 4 p.m. Monday... “We still do not have a verdict. Everyone is still convinced in their decision. Everyone has taken an active part in the conversations, but there has been no change in the number of votes on either side”... [Full article here]

JUROR: GROUP DEADLOCKED 11-1 IN LOWE MISTRIAL
Sand Mountain Reporter
By Elizabeth Summers
August 4, 2010
[Excerpts] Jurors in the Kathy Lowe murder trial reached an impasse following many hours of deliberations over two days forcing Judge Tim Jolley to declare a mistrial... Pamela Burgess, one of the jurors seated in the case, said the group was deadlocked at 11 to 1 in favor of a guilty plea. “There was one man who never did sway”... Kathy Lowe will be retried for the shooting death of her husband, David Lowe... The jury was comprised of six men and six women and two alternates... During the trial which began July 27, Kathy Lowe and her family listened to testimony from prosecution witnesses, some portraying her as an adulteress who plotted the murder of her husband as a way to collect a newly purchased life insurance policy. Her defense team worked to prove the shooting was in self-defense following years of abuse and threats at the hands of David Lowe. “She’s handling this about as well as can be expected,” Tuten said. “This kind of defense is about the most difficult to put on. It is hard for a jury to hear.” Court officials say the trial will be rescheduled as soon as possible, but no date has yet been set. [Full article here]
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