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  1. #1
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    AR - Beverly Carter, 49, Little Rock, 25 Sep 2014 - #11

    Rest in Peace Beverly!



    http://www.thv11.com/story/news/loca...sing/16257155/

    LITTLE ROCK, Ark. (KTHV) – The man wanted in connection with the disappearance of a central Arkansas realtor will be facing charges of murder.
    The Pulaski County Sheriff's Office said 33-year-old Arron Michael Lewis was taken into custody just after 10 a.m. Monday for the kidnapping of real estate agent Beverly Carter, 49. He was apprehended by the Little Rock Police Department Monday morning at Pleasant Pointe Apartments at 1602 Green Mountain Drive around 10 a.m.

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  3. #3
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    Wagara is offline Wishin' and hopin’ and thinkin’ and prayin’...
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    X marks the spot.
    Whatever I say...It's only my opinion.

  4. #4
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    Marking my spot, as usual. ...
    I can explain it to you, but I can't understand it for you.



    Anxiety is the cousin visiting from out of town that depression felt obligated to bring to the party.

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  6. #6
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    Here we go Folks....
    29 Page Order just posted in reference to the Motions ...
    12/09/2015
    04:48 PM ORDER OTHER
    Entry: none.
    Images WEB
    https://caseinfo.aoc.arkansas.gov/cc...ate=&end_date=

    N THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
    FOURTH DIVISION
    STATE OF ARKANSAS
    VS.
    ARRON LEWIS
    PLAINTIFF
    cR 2014-3928
    DEFENDANT
    ORDER
    Comes now for consideration the pleadings argued at the omnibus hearing held
    November 16,2Ol5,and based upon a review of the case file, the pleadings of both parties, the
    arguments submitted to this Court by brief, and all other matters considered, the Court DOTH
    FIND:
    https://contexte.aoc.arkansas.gov/im...K4QX4T3NOPNQ29

  7. #7
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    Motion to Supnress Phvsical Evidence from Faultv Warrant and IlIeEal Search at
    165 Randall Dr. Jacksonville. AR

    <long> but ruling:
    The Court would emphasize that it does not come to this decision lightly. We are aware
    that this search resulted in the discovery of evidence directly linking the Defendant to the alleged
    kidnapping and murder of Beverly Carter. The exclusionary rule, however, was created as a
    deterrent to law enforcement. "The rule is calculated to prevent, not to repair. Its purpose is to
    deter - to compel respect for the constitutional guaranty [of the Fourth Amendment] in the only
    effectively available way - by removing the incentive to disregard it." Elkins v. U.S. 364 U'S'
    206,217 (1960). The particularity requirement of the Fourth Amendment was blatantly
    disregarded here, and the Court hereby grants the Defendant's Motion to Suppress all evidence
    obtained as a result of the illegal search of 165 Randall'

  8. #8
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    Motion to Suppress Physical Evidence from Vehicle Accident & Motion to Suppress Physical Evidence from Faulty Warrant 2012 Ford Fusion:
    <long>

    The Motion to Suppress Physical Evidence from the Vehicle Accident is
    therefore denied. *AL cell phone

    If the State can show that any items found in the vehicle that they seek to introduce were
    discovered during an inventory search and not during the search pursuant to the illegal warrant,
    this Court will consider admitting them into evidence. Without that showing, all evidence found
    in the vehicle is to be suPPressed.
    Last edited by arkansasmimi; 12-09-2015 at 08:34 PM.

  9. #9
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    Recording of Beverly Carter will be allowed. Other stuff is confusing to post have to read ... skimming to see big stuff then will go back.

    The Defendant's wife will be permitted to testify against him, and the defense's Motion
    is essentially denied.... there are lots to this so have to read .... off to do that.

  10. #10
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    Motion on Fuji Camera:
    The State has indicated that they do not intend to introduce physical evidence from a Fuji
    camera. This motion is hereby granted

    Motion to Suppress Phvsical Evidence from Faultv Warrant for Black IBM Laptop
    The State has indicated that they do not intend to introduce physical evidence from the
    black IBM laptop. This motion is hereby granted

    Motion to Dismiss charge of Capital Murder with underlying Felony of Kidnapping
    The parties agreed at omnibus that this Motion is currently premature. The Court hereby
    defers ruling on this Motion, as it is not yet ripe for a ruling

    Motion to Correct or Quash the Felony Information
    The State has indicated that they will amend the criminal information filed in the case to
    add the necessary language: "under circumstances manifesting extreme indifference to the value
    of human life." The Motion is hereby granted'

    Exclude Expert Testimony Tower Pings
    The State has indicated that they do not intend to introduce expert testimony about cell
    phone tower pings. This Motion is therefore granted'

    Exclude Expert Testimony about Cement Dust
    The State has indicated that they do not intend to introduce expert testimony about
    cement dust. This Motion is therefore granted'

    Exclude Text Messages and Emails allegedly sent by Arron Lewis

    The State has been put on notice that any evidence of this nature will require
    authentication pursuant to Rule 901 of the Arkansas Rules of Evidence. Defendant will inform
    this Court the morning of trial whether they object to specific exhibits of this nature in the State's
    exhibit list. The State will be given an opportunity to lay a foundation for the introduction of any
    disputed statement prior to trial, and this Court will make a ruling

    ***Rule 901 of the Arkansas Rules of Evidence > https://courts.arkansas.gov/rules-an...-identifcation


  11. #11
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    Oh My! Since LE violated the 4th Amendment and all physical evidence that ties AL to Beverley's death has been quashed, what does LE have? Is there a chance AL could walk free? OMG!

  12. #12
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    Page 9 regarding Search Warrant for the Randall Drive home:
    Reviewing Investigator Warren's testimony at the omnibus hearing, it is clear that the
    ultimate discretion of what items to search for and seize was directly left to the investigators. His
    testimony confirmed to this Court that investigators ultimately could have seized anything in the building if an argument could be made that it fell within the "nine categories"l specified in the
    warrant. The broad discretion granted them is firther demonstrated by the fact that the
    investigators seized multiple items that, though they may be either contraband or evidence of the
    commission of some other crime, have no evidentiary value in this case 2
    The State has asserted in their brief
    that the investigators were acting in reasonable reliance on the warrant, but the testimony of the
    investigators in question tells a different story. Investigator Warren created the affidavit and the
    warrant itself, which mirrors the language in their affidavit - typos and all.
    To be sure, the
    investigators were operating under the demands of their job and the public pressure of a high profile investigation, but to say that they acted with such good faith as to come within the
    protection of Leon strains credulity
    The Court would emphasize that it does not come to this decision lightly. We are aware
    that this search resulted in the discovery of evidence directly linking the Defendant to the alleged
    kidnapping and murder of Beverly Carter. The exclusionary rule, however, was created as a
    deterrent to law enforcement. "The rule is calculated to prevent, not to repair. Its purpose is to
    deter - to compel respect for the constitutional guaranty [of the Fourth Amendment] in the only
    effectively available way - by removing the incentive to disregard it." Elkins v. U.S. 364 U'S'
    206,217 (1960). The particularity requirement of the Fourth Amendment was blatantly
    disregarded here, and the Court hereby grants the Defendant's Motion to Suppress all evidence
    obtained as a result of the illegal search of 165 Randall'
    I wonder if the gun charge will have to be dismissed?

  13. #13
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    Ive been spending every free time on the Seivers case. I thought it was going to be pretty cut and dry now that CL pleaded guilty and going to testify against AL. Stunned at this.

  14. #14
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    Quote Originally Posted by Zuri View Post
    Oh My! Since LE violated the 4th Amendment and all physical evidence that ties AL to Beverley's death has been quashed, what does LE have? Is there a chance AL could walk free? OMG!
    First thing I thought too, still reading then gotta go back over trying to figure out what left. looks like the jewelry WAS Beverly's but the investigators didn't know that for sure.

  15. #15
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    RE: Search Warrant for the car:
    We turn now to the Motion to Suppress Physical Evidence from Faulty Warrant for 2012
    Black Ford Fusion. Here the same language was used as the warrant for the home. Investigator
    Jordan Ables of the Pulaski County Sheriff s Office prepared the affidavit and search warrant.
    He testified that he presented Judge Gruber the search warrant, and that the judge agreed to it and
    signed it. Ables testified that he "typed every, everything in it because of the nature of the case. I
    did not want to just put a generic, anything generic in there." 7 But Ables' testimony was largely
    the same as Warren's, discussed supra. Like Warren, he indicated that he really had no reason to
    know whether specific items were going to be found there, outside of clothing that the victim's
    husband had indicated she was likely wearing at the time of her disappearance and possibly a
    phone that could access the TextMe app.8
    For the sake of brevity, the Court will not duplicate its discussion concerning the warrant
    for the search of 165 Randall, but all that analysis would also apply to this warrant. The
    investigators created the affidavit and warrant, giving themselves maximum possible leeway to
    search for any item that could conceivably be tied to the disappearance of the victim. Though the
    investigators had the added benefit of knowing that the Defendant had been found with the
    phone registered to Crystal Lowery, the question is less about probable cause and more about the
    breadth of the warrant. Like the warrant for the home, this was a general warrant in violation of
    the Fourth Amendment, and the fact that it was presented to Judge Gruber without further
    instruction from him removes it from any Leon good faith exception. The defense's Motion to
    Suppress is therefore granted.
    6 The defense has not addressed Rule 10.2 in their initial Motion or their post-omnibus argument
    brief. The Motion itself asserts only that the encounter between Swaggerty and the Defendant
    was a warrantless search and seizure in violation of the Fourth and Fourteenth Amendments.
    7 On the contrary, the language from the search warrant for the Fusion seems to have been copied
    and pasted frorn the language in the search warrant created by Investigator Warren for the home,
    down to the typos and the incorrectly numbered list of categories of evidence to be sought.

    8 Again, this phone was already in the authorities' possession.

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