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

[KateB]

Rest in Peace Beverly!

http://www.thv11.com/story/news/local/little-rock/2014/09/26/beverly-carter-missing/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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[arkansasmimi]

following

 

[Wagara]

X marks the spot.

 

[Suthrnqt]

Marking my spot, as usual. ...

 

[zxbeer]

Following

 

[arkansasmimi]

Here we go Folks....
29 Page Order just posted in reference to the Motions ... :judge:
12/09/2015
04:48 PM ORDER OTHER
Entry: none.
Images WEB
https://caseinfo.aoc.arkansas.gov/c...=P&case_id=60CR-14-3928&begin_date=&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/i...resent2?DMS_ID=W91IXRDASRGXJEZJK4QX4T3NOPNQ29

 

[arkansasmimi]

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'

 

[arkansasmimi]

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.

 

[arkansasmimi]

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.

 

[arkansasmimi]

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-a...1-requirement-authentication-or-identifcation

 

[Zuri]

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!

 

[arkansasmimi]

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? :thinking:

 

[concernedmother]

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.

 

[arkansasmimi]

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. anic: looks like the jewelry WAS Beverly's but the investigators didn't know that for sure.

 

[arkansasmimi]

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.

 

[arkansasmimi]

Truly HATE to say it, but I feared this was going to be the outcome after hearing the testimony... :facepalm:
ETA: I have to go back and look at my notes, but Crime Lab was there iirc during the search. And iirc they had left at a certain point, so unsure how this >> will play out as a save. JMHO

It should be pointed out that the record is silent as to whether an inventory search was
done on the Defendant's vehicle between the time when it was towed away by the investigators
and the point where the invalid search warrant was executed. There is an "inventory search"
exception to the warrant requirement. "Pursuant to this exception, police officers may conduct a
warrantless inventory search of a vehicle that is being impounded in order to protect an owner's
property while it is in the custody of the police, to insure against claims of lost, stolen, or
vandalized property, and to guard the police from danger. Benson v. State,342 Atk.684, 688. 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.

 

[arkansasmimi]

Truly HATE to say it, but I feared this was going to be the outcome after hearing the testimony... :facepalm:
ETA: I have to go back and look at my notes, but Crime Lab was there iirc during the search. And iirc they had left at a certain point, so unsure how this >> will play out as a save. JMHO

From my notes: JMHO***
Inv Jordan Ables 9/28/2014
tow from accident location to 2900 Woodrow. Searched it, Ark Crime Scene was there, obtained green duct tape, white rope, shells in bag, turned over to Crime Lab. Unsure if Crime Lab still there when found IBM computer. Finished search after Crime Lab left other items after Crime Scene left.

 

[arkansasmimi]

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.

JMHO, I think the Pros did too when AL was going Pro Se. When he asked for an attorney (which I got the impression he was going to ask for after the Judge gave him a week and he did) When it was posted who the lawyer was and I googled him, I had immediate concerns, because of different High Profile cases this lawyer has had as clients. Then CL plead guilty about 3 weeks later. I figured he would go to jail on the gun charges for sure (not sure he wont't still) BUT if they were found only because of the faulty search warrants, JMHO I dont see how that could stand up. But again I don't know the law lol. Just getting my opinions from reading. ... Good to "see" you!

 

[arkansasmimi]

My mind is going 90 to nothing and haven't even fully read the Order...BUT, the day of the OM Hearing, rather NIGHT, the Pros told the Judge that at lunch time he got a call from the Crime Lab that a hair found in the trunk came back as BC. That means that that is thrown out too, right? No way they could have gotten a hair and considered it inventory of the vehicle, right?

And if they had fingerprints on the tape from the car, if that thrown out cant be matched to whatever was on BC. Out goes that they found BC phone at the house as well as her jewelry.

Thinking what other physical evidence do they have? grrr back to reading

 

[arkansasmimi]

Missed hearing that a US Attorney was also brought over. Or forgot about it. I was thinking only the Special Agent Burroughs ..

The Defendant began telling the officers that he wanted to provide them information, but
that he would only do so if he were charged in federal court. The investigators contacted an FBI
agent, Agent Steve Burroughs, who came to the office with a U.S. Attorney. Agent Burroughs
joined the investigators in the interrogation, and he read the Defendant his Miranda rights again.
The Defendant then signed a form indicating he had been read his rights and was aware that he
did not have to continue speaking without the presence of an attomey. State's Exhibit 13.