GUILTY AR - Beverly Carter, 49, Little Rock, 25 Sep 2014 - #13

[arkansasmimi]

CL car was brown/bronze. It was a darker bronze than BC. But not silver. Before her Instagram was removed there were pictures of her car there, and it was clearly not silver. And the person who returned the car said that also, because the car had been parked at their house, prior to being turned into finance company. And the car may have been trashed but there was nothing in it. Yes they got the taser somewhere, but it was not from CL car. I have personally seen copies of what was removed from her car, and there was nothing but a roll of twine, like you would use for craft projects, not tie someone up with. CL drove a brown/bronze Santa Fe Hyundai. The exact color is cabo bronze. With as many mistakes as were made in this case there is no telling where it was found. How many times was it reported incorrectly that BC phone was found in AL car? Which was false. It was verified by LE that CL was in clinicals the night BC went missing, so there is no way her car was there.

NJ only knew of Beverly in a manner that would consist of her knowing who she was, as both ladies have lived and worked in the same area for years. And if you are implying that CL met BC through NJ you are very mistaken. NJ and CL did not hangout together their kids did. For the record, NJ NEVER said she was best buds with CL, <modsnip>

No Ma'am, I dont think I am the queen of facts, but yes I do rather have facts. And I have no idea what color CL car was only what was told here by her friend. I took her as truth on that. BUT I also know what I heard said multiple times in the courtroom about SILVER and one time was when JP Massiet testified that he was following the ambulance that AL was in when a SILVER Hyundai Santa Fe pulled in between his veh and the ambulance. Pros asked if he ran the tag and he stated YES and it came back to Crystal Lowery of 165 Randall Jacksonville AR. NOW Whether he incorrectly spoke or not, I dont know but that is what was said. I will look and see if it was reported by any other source.

 

[SteveS]

THIS!!!!! GREAT POST!!!!!

11-10-2014, 03:53 PM #648 all4justice

After doing some quick research on the charges filed against CL for kidnapping and capital murder in the death of Beverly Carter and my limited understanding of criminal law in general, I have a few thoughts that may shed some light on the State's reasons for charging CL the way they did.

Kidnapping and capital murder both require intent. Applying one particular prong of the kidnapping statute as an example, and assuming that robbery was the underlying motive... if the State believes that Beverly was restrained in order to carry out the robbery against her, or so that AL could flee after he robbed Beverly and she died as a result, then the State would have to prove that CL intended to rob her in order to get a conviction against CL for kidnapping and capital murder. The mere fact that Beverly's phone was in CL's house, or even that AL said that CL was in on the plan to rob Beverly, wouldn't be enough by themselves.

Generally, in order to prove conspiracy between two or more defendants, all you need is an agreement to commit a criminal act, and some type of overt act by at least one of the conspirators in furtherance of the conspiracy. Here, for example, if the State has evidence that CL and AL agreed to contact Beverly and pretend to be homebuyers so that they could rob her, one or both of them restrained her against her will, and Beverly died in the course of, or in the furtherance of their efforts to rob her, this evidence could support kidnapping and capital murder charges in Arkansas.

Thus, CL could have agreed with AL to rob Beverly, participated in her clinicals, stayed at her ex-boyfriend's all weekend while AL did all the acts necessary to carry out the robbery, and still be guilty of kidnapping and capital murder. As long as the State can show an agreement between the two of them, and show that at least one of them did at least one thing to carry out what they agreed to and Beverly died as a result of their efforts to carry out their plan, CL could be convicted of both of these offenses. Evidence of the agreement between the two of them is key. I guess we will have to wait and see what that evidence is...

Links:

http://law.justia.com/codes/arkansas...ter-4/5-3-401/

http://kidnapping.uslegal.com/state-...bduction-laws/

http://law.justia.com/codes/arkansas...er-10/5-10-101
http://www.websleuths.com/forums/sh...le-Rock-25-Sep-2014-5&p=11186907#post11186907

Respectfully, I don't know what this old quoted post was following up on, or attempting to prove, but it looks pretty far off base to me. This was a crime (and conviction) for kidnapping and murder, and "proving a robbery" would make no sense legally as an element of either crime that needs to be proven.

The online resources say that this below is the ARK statute on kidnapping (I'm only directly familiar with TX statutes), and none of the above arguments pertain to the statute I'm seeing. I've highlighted what I believe to be the relevant part of the code in this case.

AR Code § 5-11-102 (2014)

(a) A person commits the offense of kidnapping if, without consent, the person restrains another person so as to interfere substantially with the other person's liberty with the purpose of:
...(1) Holding the other person for:
......(A) Ransom or reward; or
......(B) Any other act to be performed or not performed for the other person's return or release;
...(2) Using the other person as a shield or hostage;
...(3) Facilitating the commission of any felony or flight after the felony;
...(4) Inflicting physical injury upon the other person;
...(5) Engaging in sexual intercourse, deviate sexual activity, or sexual contact with the other person;
...(6) Terrorizing the other person or another person; or
...(7) Interfering with the performance of any governmental or political function.
(b)
...(1) Kidnapping is a Class Y felony.
...(2) However, kidnapping is a Class B felony if the defendant shows by a preponderance of the evidence that he or she or an accomplice voluntarily released the person restrained alive and in a safe place prior to trial.

I see 3 elements to be proved, all of which were clearly proven:
*without consent
*they restrained another person that interfered substantially with the other person's liberty
*with the purpose of [pick one possible purpose of the 7 listed, in this case they used #1A] holding that other person for ransom or reward
Those elements were admitted as true by the testimony of CL, corroborated by the existence of AL's ransom recording, and his testimony about that recording that was so ludicrous as to confirm it was indeed a ransom-purposed recording.

 

[jstkiddn]

:waitasec:

09-27-2014, 07:10 PM #267 TravelingBug

Quote Originally Posted by concernedmother View Post
How did the detectives know she was supposed to show the other property that they searched? Her husband would have had to tell them. Maybe he just started out at the first property and was going to go to the next one if he found nothing there when he was looking for his wife?
The agency seems to have known what she was intending to search. The mention of two additional properties after that came from the agency.

http://www.trendmls.com/Guest/News/I...InmanId=124488
"Carter, 49, was set to show two other properties that day, but never made her next appointments, Steve Brown, executive vice president at Crye-Leike, told Inman News."
And since he knew the first one she was going to and never heard from her or got an indication from her that she was moving on to the next property, he started with the last place she said she was.

And I'm sure her car sitting out there made it apparent she had likely not left there.
http://www.websleuths.com/forums/sh...le-Rock-25-Sep-2014-1&p=11025233#post11025233

LAST HOUSE???? this just makes less sense than before.
*Per Brenda Rhodes coworker and good friend, Beverly Carter was suppose to show 2 other homes and 1 was on Kerr Rd, it was a new construction.

Are we talking about Carl, Sr.? If not, then never mind the rest of this. If so, then read on.

It makes perfect sense because the last house was the closest to his house. Literally right around the corner. Why wouldn't he check that house first? Would have made way less sense to go all the way to Lonoke first when that house was literally right under his nose. JMO.

Edit to add Maps:


https://www.google.com/maps/dir/14202+Old+River+Drive,+Scott,+AR/12927+Lower+Steel+Bend+Rd,+Scott,+AR+72142/@34.6498282,-92.1296786,13.71z/data=!4m13!4m12!1m5!1m1!1s0x87d2c7d163ce14a3:0x3800b5b63c42bd0d!2m2!1d-92.110838!2d34.674758!1m5!1m1!1s0x87d2c8483a634319:0x8db75042073d6e9f!2m2!1d-92.124602!2d34.632014

as opposed to:

https://www.google.com/maps/dir/Lonoke,+AR/12927+Lower+Steel+Bend+Rd,+Scott,+AR+72142/@34.7182071,-92.0824642,12z/data=!3m1!4b1!4m13!4m12!1m5!1m1!1s0x87d2de9b6bb3d117:0x1c7dad2eb155e0c0!2m2!1d-91.8998611!2d34.7839795!1m5!1m1!1s0x87d2c8483a634319:0x8db75042073d6e9f!2m2!1d-92.124602!2d34.632014

**The house is for sale and Carl Jr. is blasting it all over FB trying to advertise it for sale, so their old address is no secret....figured it was safe to put it here. Mods, let me know if I'm wrong.


Edit to add #2: According to Google Maps, depending on the route one took from the Carter residence to Lonoke, you would drive literally right past Old River Dr. He could have been planning to hit there first, since he was literally driving right by it, and then continuing to the other places if he didn't see anything. Since he found her car there, he would have no reason to continue further at that point. Makes perfect sense to me.

 

[jstkiddn]

https://www.google.com/search?q=hyundai+cabo+bronze&rlz=1C1ASAA_enUS439US439&espv=2&biw=1427&bih=876&source=lnms&tbm=isch&sa=X&ved=0ahUKEwjAtafC17jKAhXqkYMKHZSvC48Q_AUIBigB

A link to images of Cabo bronze hyundais. Just figured with all the discussion about the color, someone may as well find an example so we can all see. Lol.

JMO, that is one of those colors that can appear more silver or less silver depending on the lighting it's on at the time. In certain lighting, cars like that can really appear especially silverish. I does not seem at all out of line to me to have someone maybe call it silver or grey.

Also, the neighbor across the street at one point stated she called the car she saw either "black or dark grey". She stated that in her testimony at the trial. That might be where grey car came in to play. I've seen charcoal grey cars so dark that they appear black in all but the brightest of sunlight, so I can understand why one might have described the car in that way.

JMO, I have no reason to believe that CL wasn't at clinicals that night. It would have been pretty stupid of her to keep insisting she was when it would have been so, so easy to prove she wasnt. I think if she had not been, we would have heard about it at some point during these proceedings, not to mention she would have been back peddling with some reason why she had to leave clinicals and making up some story about where she had gone. Since none of that happened, I'm left with no alternative but to believe she was in fact there. But to be honest....what difference does it make at this point?

 

[jstkiddn]

My mother worked 35 years directly with all the judges for the Blue Ridge court system. I can remember asking her, how the attorneys could be so volatile at each other in court and remain friends. She said it was just their job and they left it in the courtroom. She was right, as even now, most all the judges and attorneys both prosecutors and defense all eat lunch together everyday.

Absolutely! Anyone else here old enough to remember the cartoons with the sheepdog and the coyote? They would clock out at the end of the day and shake hands? LOL I imagine this relationship is much the same.

I'm sure these guys find themselves in the same courtroom all the time. Not to mention, these people live in the same community, they probably belong to the same country club. Their wives probably do Junior League together. Their paths are going to cross outside of the courtroom in many social situations. It's just the way the upper class functions. Lawyers, doctors, other assorted types with a lot of money.....they all know each other and they all attend the same social functions. Their kids probably go to the same swanky private school. At least that's the way it is here in Arkansas. I would be more shocked if they DIDN'T know each other socially!

 

[arkansasmimi]

Are we talking about Carl, Sr.? If not, then never mind the rest of this. If so, then read on.

It makes perfect sense because the last house was the closest to his house. Literally right around the corner. Why wouldn't he check that house first? Would have made way less sense to go all the way to Lonoke first when that house was literally right under his nose. JMO.

Edit to add Maps:


https://www.google.com/maps/dir/14202+Old+River+Drive,+Scott,+AR/12927+Lower+Steel+Bend+Rd,+Scott,+AR+72142/@34.6498282,-92.1296786,13.71z/data=!4m13!4m12!1m5!1m1!1s0x87d2c7d163ce14a3:0x3800b5b63c42bd0d!2m2!1d-92.110838!2d34.674758!1m5!1m1!1s0x87d2c8483a634319:0x8db75042073d6e9f!2m2!1d-92.124602!2d34.632014

as opposed to:

https://www.google.com/maps/dir/Lonoke,+AR/12927+Lower+Steel+Bend+Rd,+Scott,+AR+72142/@34.7182071,-92.0824642,12z/data=!3m1!4b1!4m13!4m12!1m5!1m1!1s0x87d2de9b6bb3d117:0x1c7dad2eb155e0c0!2m2!1d-91.8998611!2d34.7839795!1m5!1m1!1s0x87d2c8483a634319:0x8db75042073d6e9f!2m2!1d-92.124602!2d34.632014

**The house is for sale and Carl Jr. is blasting it all over FB trying to advertise it for sale, so their old address is no secret....figured it was safe to put it here. Mods, let me know if I'm wrong.


Edit to add #2: According to Google Maps, depending on the route one took from the Carter residence to Lonoke, you would drive literally right past Old River Dr. He could have been planning to hit there first, since he was literally driving right by it, and then continuing to the other places if he didn't see anything. Since he found her car there, he would have no reason to continue further at that point. Makes perfect sense to me.

LOL the way the article read just sounded odd to me. I was thinking I would go the the first home first and go from there . JMHO

BUT testimony was that CCjr and his wife and baby went to the Kerr Rd home and checked it out and CCsr went to the one on Old River Drive. (the 3rd home per the Missing Person Report was also on that same road just further down). The other home was on Kerr Rd, in Lonoke County, not the city of Lonoke. Kerr Rd isnt much farther down from this area if one if familiar with area. CCjr and his family were coming from Sherwood/North Little Rock so it made sense they were to swing by the other home (which was a new construction) and then end up meeting at the Old River Drive home. Since her car was found at the house it was, and the time frame Mrs. Butler saw her and the black car, JMHO that was the first house, not the last. Again just the way the story read was odd to me.

In the end I am thankful she was located, and as soon as she was. Wish the outcome there had been different.

 

[jstkiddn]

LOL the way the article read just sounded odd to me. I was thinking I would go the the first home first and go from there . JMHO

BUT testimony was that CCjr and his wife and baby went to the Kerr Rd home and checked it out and CCsr went to the one on Old River Drive. (the 3rd home per the Missing Person Report was also on that same road just further down). The other home was on Kerr Rd, in Lonoke County, not the city of Lonoke. Kerr Rd isnt much farther down from this area if one if familiar with area. CCjr and his family were coming from Sherwood/North Little Rock so it made sense they were to swing by the other home (which was a new construction) and then end up meeting at the Old River Drive home. Since her car was found at the house it was, and the time frame Mrs. Butler saw her and the black car, JMHO that was the first house, not the last. Again just the way the story read was odd to me.

In the end I am thankful she was located, and as soon as she was. Wish the outcome there had been different.

BBM

Ahh..did not realize that. Thanks for clarifying. Although that makes his route make even more sense. According to Google Maps, to navigate from his house to Kerr Road in Scott, AR he would go right by Old River Drive. Makes sense he would turn down the road just to check, since he was going by anyway.

https://www.google.com/maps/dir/Kerr+Rd,+Scott,+AR+72142/12927+Lower+Steel+Bend+Rd,+Scott,+AR+72142/@34.6743814,-92.2357687,12z/data=!4m13!4m12!1m5!1m1!1s0x87d2c3e3f2a6483b:0x6dad24d478d9e855!2m2!1d-92.0630068!2d34.7720291!1m5!1m1!1s0x87d2c8483a634319:0x8db75042073d6e9f!2m2!1d-92.124602!2d34.632014

 

[arkansasmimi]

Are we talking about Carl, Sr.? If not, then never mind the rest of this. If so, then read on.

It makes perfect sense because the last house was the closest to his house. Literally right around the corner. Why wouldn't he check that house first? Would have made way less sense to go all the way to Lonoke first when that house was literally right under his nose. JMO.

Edit to add Maps:


https://www.google.com/maps/dir/14202+Old+River+Drive,+Scott,+AR/12927+Lower+Steel+Bend+Rd,+Scott,+AR+72142/@34.6498282,-92.1296786,13.71z/data=!4m13!4m12!1m5!1m1!1s0x87d2c7d163ce14a3:0x3800b5b63c42bd0d!2m2!1d-92.110838!2d34.674758!1m5!1m1!1s0x87d2c8483a634319:0x8db75042073d6e9f!2m2!1d-92.124602!2d34.632014

as opposed to:

https://www.google.com/maps/dir/Lonoke,+AR/12927+Lower+Steel+Bend+Rd,+Scott,+AR+72142/@34.7182071,-92.0824642,12z/data=!3m1!4b1!4m13!4m12!1m5!1m1!1s0x87d2de9b6bb3d117:0x1c7dad2eb155e0c0!2m2!1d-91.8998611!2d34.7839795!1m5!1m1!1s0x87d2c8483a634319:0x8db75042073d6e9f!2m2!1d-92.124602!2d34.632014

**The house is for sale and Carl Jr. is blasting it all over FB trying to advertise it for sale, so their old address is no secret....figured it was safe to put it here. Mods, let me know if I'm wrong.


Edit to add #2: According to Google Maps, depending on the route one took from the Carter residence to Lonoke, you would drive literally right past Old River Dr. He could have been planning to hit there first, since he was literally driving right by it, and then continuing to the other places if he didn't see anything. Since he found her car there, he would have no reason to continue further at that point. Makes perfect sense to me.

LOL OK, I read it wrong, DUH Sorry, HE did as I would have... gone the the last place she was know to have been. Not necessarily the closest but where she would be first, the last place he knew of her going. Unsure if CCsr knew other addresses those came from BR when she and CCjr spoke. .. OK... got that figured out lol sorry

Originally Posted by arkansasmimi View Post


09-27-2014, 07:10 PM #267 TravelingBug

Quote Originally Posted by concernedmother View Post
How did the detectives know she was supposed to show the other property that they searched? Her husband would have had to tell them. Maybe he just started out at the first property and was going to go to the next one if he found nothing there when he was looking for his wife?
The agency seems to have known what she was intending to search. The mention of two additional properties after that came from the agency.

http://www.trendmls.com/Guest/News/I...InmanId=124488
"Carter, 49, was set to show two other properties that day, but never made her next appointments, Steve Brown, executive vice president at Crye-Leike, told Inman News."
And since he knew the first one she was going to and never heard from her or got an indication from her that she was moving on to the next property, he started with the last place she said she was.

And I'm sure her car sitting out there made it apparent she had likely not left there.
http://www.websleuths.com/forums/sho...3#post11025233

LAST HOUSE???? this just makes less sense than before.
*Per Brenda Rhodes coworker and good friend, Beverly Carter was suppose to show 2 other homes and 1 was on Kerr Rd, it was a new construction.

 

[jstkiddn]

BOOM! Looks good to see it in writing.

https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=D6N6HDZ6SAZ5155KGN5QVFA03PGOMQ

 

[jstkiddn]

I don't know why I think this is so funny, but I was looking to see if AL's inmate info page had been updated with the recent conviction information (it has not) and I noticed that he got his G.E.D in prison on 11/13/2012. On the stand, as he was telling the jury all about his delightful self (sarcasm) he stated that he was getting into a lot of trouble and wound up leaving school (I think he said to be homeschooled?) and that he "graduated high school" when he was 16. I *know* he said graduated!! I'd bet my right arm on it.

Oops. Guess that was a lie. According to the ADC website, he received his high school equivalency when he was nearly 32 years old. But of all things, I wonder why he lied about that? LOL

 

[111addict]

I don't know why I think this is so funny, but I was looking to see if AL's inmate info page had been updated with the recent conviction information (it has not) and I noticed that he got his G.E.D in prison on 11/13/2012. On the stand, as he was telling the jury all about his delightful self (sarcasm) he stated that he was getting into a lot of trouble and wound up leaving school (I think he said to be homeschooled?) and that he "graduated high school" when he was 16. I *know* he said graduated!! I'd bet my right arm on it.

Oops. Guess that was a lie. According to the ADC website, he received his high school equivalency when he was nearly 32 years old. But of all things, I wonder why he lied about that? LOL

I think he has made a habit to lie about everything. Also, he probably didn't think it fit in the same sentence as his superior intelligence statement.

 

[arkansasmimi]

I don't know why I think this is so funny, but I was looking to see if AL's inmate info page had been updated with the recent conviction information (it has not) and I noticed that he got his G.E.D in prison on 11/13/2012. On the stand, as he was telling the jury all about his delightful self (sarcasm) he stated that he was getting into a lot of trouble and wound up leaving school (I think he said to be homeschooled?) and that he "graduated high school" when he was 16. I *know* he said graduated!! I'd bet my right arm on it.

Oops. Guess that was a lie. According to the ADC website, he received his high school equivalency when he was nearly 32 years old. But of all things, I wonder why he lied about that? LOL

Yep, that's what he said. You can keep your right arm :happydance:
LOL in the Mental Eval, also in one of his other legal paperwork, IIRC a deposition he was talking about the home school, I got the feeling it was during one of his stints in jail. IIRC it was when he was living in UTAH but the "diploma" was from somewhere in PA or NJ? Probably so smart had to do it twice (sarcasm) or just to have something to do. He has plenty of time now, guess he can get him couple college degrees. GAG

EDUCATIONAL AND EMPLOYMENT HISTORY
Based on his self-reported history, Mr. Lewis experienced a great deal of disruption in
educational functioning due to his family instability. Mr. Lewis reported behavioral problems
beginning during elementary school, including disrespect toward teachers, which resulted in
getting disciplined or "paddled." He reported he was prescribed Ritalin in fourth grade due to
difficulties concentrating in the classroom. Nevertheless, he reported involvement in advanced
classes and described hii grades as "pretty good" overall. He reportedly "fast-tracked" his high
school curriculum and claimed to graduate at the age of 16. He explained that he did so because
he..hated. school and wanted to begin working. After high school, Mr. Lewis reported working
in a department store call center for S-O months. .. http://media.arkansasonline.com/news/documents/2015/02/26/CK_Image.pdf

 

[arkansasmimi]

Hadn't checked Pacer in a while thought I would check... Looks like they are going to try it again on his case against the Malvern Unit of ADOC:



IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
ARRON MICHAEL LEWIS PLAINTIFF
VS. CIVIL NO. 14-6147
KARCEY J. KIKER, ET AL DEFENDANT(S)

ORDER FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM

On this date, January 13, 2016, IT IS ORDERED that the Clerk of this Court issue a Writ of
Habeas Corpus Ad Testificandum directed to the following:
Warden, Arkansas Department of Correction, Varner Supermax, P.O. Box 600, Grady,
Arkansas 71644 requiring him to produce the body of ARRON MICHAEL LEWIS #151373, to
attend a proceeding in the above entitled case for which he is a party, said hearing scheduled for
TUESDAY, FEBRUARY 23, 2016 at 10:00 a.m. at the United States Federal Courthouse, 100
Reserve St., Room 360, Hot Springs, Arkansas and that said prisoner be returned to said
Jail/Correctional Facility, under safe and secure conduct, at the conclusion of the proceeding.

/s/ Barry A. Bryant
HONORABLE BARRY A. BRYANT

 

[arkansasmimi]

If he were to even "win" any of these cases, Mr. Carter had lawyers file within days of the Formal Charges being filed in Circuit Court, a case to investigate civil wrongful death suits againt AL and CL. (like in OJ Simpson) So any $$ that AL potentially would get would most likely go to the victims family. JMHO

This is the case against the 2 PCSO Officers. (in their personal capacity only) AL has an attorney for that one. Changing from jury trial to a bench trial. *per his lawyer... the Judge is reassigning to another Judge.

1/10/2015 135 ORDER granting 131 motion for appointment of counsel; appointing Chet D. Dunlap to represent Plaintiff in this proceeding; directing the Clerk to send counsel a copy of this order and a copy of Local Rule 83.7; directing the Clerk to forward counsel a copy of this file 21 days after the entry of this order; and denying Plaintiff's 129 motion for a scheduling order and 130 motion to view or listen to CDs. Signed by Magistrate Judge Jerry W. Cavaneau on 11/10/2015. (rhm) (Entered: 11/10/2015)

12/02/2015 136 NOTICE of Appearance by Chet D. Dunlap on behalf of Arron Michael Lewis. (jak) (Entered: 12/02/2015)

01/04/2016 137 FINAL SCHEDULING ORDER: Jury Trial set for 4/19/2016 at 9:30 AM in Little Rock Courtroom # 1A before Judge Billy Roy Wilson. Discovery due by 1/20/2016. Motions due by 2/4/2016. Pretrial Disclosure Sheet due by 3/21/2016. Entered at the direction of the Court on 1/4/16. (mmb) (Entered: 01/04/2016)

01/08/2016 138 MOTION to Withdraw Demand for Jury Trial by Arron Michael Lewis. (jak) (Entered: 01/08/2016)

01/12/2016 139 ORDER directing Defendants to respond to Plaintiff's 138 motion to withdraw his demand for jury trial no later than Tuesday, 1/19/2016, indicating whether they are willing to waive a jury. Signed by Magistrate Judge Jerry W. Cavaneau on

1/12/2016. (ljb) (Entered: 01/12/2016)

01/12/2016 140 ORDER because of the imminent change in my recall status, the Clerk is directed to transferthe magistrate judge reference to the Honorable Patricia S. Harris. Signed by Magistrate Judge Jerry W. Cavaneau on 1/12/16. (tjb) (Entered: 01/12/2016)

01/12/2016 141 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Based on 140 Order, the Clerk's office has reassigned the case to Magistrate Judge Patricia S. Harris on 1/12/2016. (scw) (Entered: 01/12/2016)

 

[arkansasmimi]

This is the case against 4 PCSO Deputies and Pros John Johnson, from back in May 2015 when AL was brought to PCSO to view discovery/evidence when he was still Pro Se


12/04/2015 15 ORDER denying, without prejudice, 13 Motion to Appoint Counsel. Signed by Magistrate Judge Beth Deere on 12/4/2015. (csf) (Entered: 12/04/2015)
12/04/2015 16 NOTICE for Summons by Arron Michael Lewis. (kdr) (Entered: 12/04/2015)
12/08/2015 Summons Reissued as to John F Johnson and forwarded to the US Marshal for service. (rhm) (Entered: 12/08/2015)
12/10/2015 17 NOTICE of Appearance by David M. Fuqua on behalf of Joseph Austin, Jose Garcia, Richard Murphy, Cody Stone (Fuqua, David) (Entered: 12/10/2015)
12/10/2015 18 NOTICE of Appearance by Kaylen Suzanne Lewis on behalf of Joseph Austin, Jose Garcia, Richard Murphy, Cody Stone (Lewis, Kaylen) (Entered: 12/10/2015)
12/10/2015 19 NOTICE of Appearance by Patrick L. Spivey on behalf of Joseph Austin, Jose Garcia, Richard Murphy, Cody Stone (Spivey, Patrick) (Entered: 12/10/2015)
12/10/2015 20 ANSWER to 5 Amended Complaint by Joseph Austin, Jose Garcia, Richard Murphy, Cody Stone.(Spivey, Patrick) (Entered: 12/10/2015)
12/15/2015 21 SUMMONS Returned Executed. John F Johnson served on 12/11/2015. (mef) (Entered: 12/15/2015)
01/04/2016 22 NOTICE of Appearance by Gary L. Sullivan on behalf of John F Johnson (Sullivan, Gary) (Entered: 01/04/2016)
01/04/2016 23 MOTION to Dismiss by John F Johnson (Sullivan, Gary) (Entered: 01/04/2016)
01/04/2016 24 RESPONSE in Support re 23 MOTION to Dismiss filed by John F Johnson. (Sullivan, Gary) (Entered: 01/04/2016)
01/04/2016 25 BRIEF IN SUPPORT re 23 Motion to Dismiss filed by John F Johnson. (Sullivan, Gary) (Entered: 01/04/2016)
01/07/2016 26 MOTION for Default Judgment against John F Johnson by Arron Michael Lewis. (ljb) (Entered: 01/07/2016)
01/12/2016 27 MOTION for Copies by Arron Michael Lewis. (kdr) (Entered: 01/12/2016)
01/13/2016 28 ORDER denying 26 Motion for Default Judgment; granting 27 Motion for Copies; the Clerk of Court is directed to provide Mr. Lewis copies of the docket sheet as well as docket entries 8 9 10 11 12 17 18 and 21 . Signed by Magistrate Judge Beth Deere on 1/13/16. (tjb) (Entered: 01/13/2016)

 

[arkansasmimi]

Nothing new on his case (where he was kept from writing CL at PCSO) He appealed to the Eighth Circuit Court of Appeals in St. Louis

General Docket
Eighth Circuit Court of Appeals
Court of Appeals Docket #: 15-3398 Docketed: 10/27/2015
Nature of Suit: 3555 Prison Condition
Arron Lewis v. Wendy Kelley, et al
Appeal From: U.S. District Court for the Eastern District of Arkansas - Pine Bluff
Fee Status: plra
Case Type Information:
1) Prisoner
2) State
3) Civil Rights
Originating Court Information:
District: 0860-5 : 5:15-cv-00058-JM
Trial Judge: James M. Moody, Junior, U.S. District Judge
Magistrate: Beth M. Deere, U.S. Magistrate Judge
Date Filed: 02/24/2015
Date Order/Judgment: Date NOA Filed: Date Rec'd COA:
09/23/2015 10/02/2015 10/06/2015
10/27/2015 Open Document Prisoner case docketed. [4330301] [15-3398] (PSA)
10/27/2015 Open Document Originating court document filed consisting of magistrate's report filed 9/11/15, order and judgment filed 9/23/15, order filed 10/6/15, notice of appeal, docket entries, [4330340] [15-3398] (PSA)
10/27/2015 Open Document BRIEFING SCHEDULE SET AS FOLLOWS: If the original file of the U.S. District Court is available for review in electronic format, the court will rely on the electronic version of the record in its review. The appendices required by 8th Circuit Rule 30A shall not be required. In accordance with 8th Circuit Local Rule 30A (a)(2), the clerk of the United States District Court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format or filed under seal, exhibits, administrative records and state court files.
BRIEF OF APPELLANT Arron M. Lewis due 12/07/2015.
Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant.
Appellant reply brief is due 14 days from the date the court issues the Notice of Docket Activity filing the appellee brief. [4330343] [15-3398] (PSA)
11/09/2015 Open Document BRIEF FILED - APPELLANT BRIEF filed by Mr. Arron M. Lewis. w/service 11/10/2015 , Length: 7 pages
Brief of Wendy Kelley, Steve Outlaw and Stanley Robinson due on 12/09/2015 [4335295] [15-3398] (SRD)
12/09/2015 Open Restricted Document APPELLEE brief of Steve Outlaw submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [4344904] [15-3398] (ARS)
12/10/2015 Open Document BRIEF FILED - APPELLEE BRIEF filed by Ms. Wendy Kelley, Steve Outlaw and Mr. Stanley Robinson, w/service 12/10/2015 , Length: 11 pages
10 COPIES OF PAPER BRIEFS due 12/15/2015 WITH certificate of service for paper briefs
[4345427] [15-3398]
The Deadline for Appellant's Reply brief will be set upon receipt of Appellees' paper briefs. (SRD)
12/15/2015 Paper copies Appellee/Respondent brief, [4345427-2] filed by Ms. Wendy Kelley, Steve Outlaw and Mr. Stanley Robinson 10 paper copies received.
Optional Reply brief of Arron M. Lewis due 12/31/2015 [4347942] [15-3398] (SRD)
12/28/2015 Open Document BRIEF FILED - APPELLANT REPLY BRIEF filed by Mr. Arron M. Lewis. w/service 12/29/2015 by NDA , Length: 6 pages
[4350587] [15-3398] (JMM)

 

[Midge Montana]

NJ and CL did not hangout together their kids did.

This surprises me. From the things that she posted, it really seemed that they were pretty good friends. At least more so than just acquaintances that had kids that were friends. I know she defended CL to the high heavens here, and knew quite a bit of personal information about her, her relationships, financials, etc. More so than any of my kid's friend's parents would ever know about me.
Am I wrong in recalling that she even helped CL write up her "alibi timeline"?
Unless my memory is really bad, isn't she the person who said something along the lines of, "I know my friend and she just wouldn't do something like this."
I remember feeling sad for her when CL finally admitted to what she'd done, thinking about how betrayed she must have felt to be so totally lied to and used by a good friend. I've been hoodwinked before by a close friend (though about something nowhere near as horrific!) and it really stung.
Am I thinking of the wrong person here?

 

[jstkiddn]

This surprises me. From the things that she posted, it really seemed that they were pretty good friends. At least more so than just acquaintances that had kids that were friends. I know she defended CL to the high heavens here, and knew quite a bit of personal information about her, her relationships, financials, etc. More so than any of my kid's friend's parents would ever know about me.
Am I wrong in recalling that she even helped CL write up her "alibi timeline"?
Unless my memory is really bad, isn't she the person who said something along the lines of, "I know my friend and she just wouldn't do something like this."
I remember feeling sad for her when CL finally admitted to what she'd done, thinking about how betrayed she must have felt to be so totally lied to and used by a good friend. I've been hoodwinked before by a close friend (though about something nowhere near as horrific!) and it really stung.
Am I thinking of the wrong person here?

No, you aren't the only one. I was under the impression their relationship was closer than just moms of two friends, but I guess it's possible I just read too much into what was said.

Either way....I feel for all her family and friends, especially those that stood by her. Some people are pretty good at covering up their true selves. We've all been "had" one way or another by someone in our lives, but most of us are lucky enough to not have to do it in a public venue.

I guess it really has nothing to do with the murder/kidnapping case, but I would be curious to know if in hindsight, any of her friends and family had any inkling about the prostitution. Like when AL tried to pull his $5k stunt to give proof of prostitution....was there any part of the (ex)family that paused for a just a brief second and wondered if it just might be true? Or did they write it off as being absolutely ridiculous. Did the friends reading here think it might be true when they first read that story? Probably will never get the answers to that, and that's okay. I don't expect anyone to answer. Just verbalizing the thoughts in my head.

 

[hagger]

Sounds like CL was not a *Chatty Cathy* when she was on the stand. :shame:

 

[Tallula.Belle]

No, you aren't the only one. I was under the impression their relationship was closer than just moms of two friends, but I guess it's possible I just read too much into what was said.

Either way....I feel for all her family and friends, especially those that stood by her. Some people are pretty good at covering up their true selves. We've all been "had" one way or another by someone in our lives, but most of us are lucky enough to not have to do it in a public venue.

I guess it really has nothing to do with the murder/kidnapping case, but I would be curious to know if in hindsight, any of her friends and family had any inkling about the prostitution. Like when AL tried to pull his $5k stunt to give proof of prostitution....was there any part of the (ex)family that paused for a just a brief second and wondered if it just might be true? Or did they write it off as being absolutely ridiculous. Did the friends reading here think it might be true when they first read that story? Probably will never get the answers to that, and that's okay. I don't expect anyone to answer. Just verbalizing the thoughts in my head.

It's no secret NJ and I are friends now and being so, I am VERY protective over her. I know how much she has been hurt by this. She is an awesome person. You also have to remember that these moms reached out to CL, immediately after AL was arrested. NJ had been trying to get CL to go to her church, prior to this happening. Her daughter had already been going with them I believe, and I think CL had been once. And NJ was never trying to help her with an alibi, that makes it sound like she was helping her do something wrong. Which she certainly wasn't. She was just trying to jog her memory of things she might have done that weekend. Most everything CL said that NJ spoke of was true, but she left out the BIG parts obviously. If you remember AL's affidavit, he mentions a woman picking up the daughter for school that Thursday morning, and the daughter spent the night there as well. CL went to pick her up that Friday morning and she didn't act like someone that had just helped kidnap BC and keeping her in the closet etc. So she was easy to believe. You would certainly think someone who has just done all that would be in a very bad state.

Right after AL was arrested, it was almost impossible for CL to stay at her house. News reporters, from even other countries, were parked outside her house and constantly ringing the doorbell. So CL spent a lot of that month leaning on NJ and the other moms. NJ is the type of person that would give you the shirt off her back and she truly believed CL, as did all the others. I'm not sure at what point but CL did tell NJ about the swinging couples but not the prostitution that I know of. I think she was already in jail before she told about being swingers. I do think friends were surprised by it. CL came across as a quite person. I know she was pretty confused about that knife picture that CL put up and told her how bad it looked. Obviously CL didn't listen, not that it matters now.

NJ is not the type that is going to abandon you, when times get hard, and she truly believed CL up until she called and told her she was taking the plea deal. Even after that she wanted to believe that as CL said, she was taking it because she thought she wouldn't get a fair trial. The closer it came to trial, NJ really didn't hear from CL anymore and we kind of figure it's because she knew what would be coming out at trial. And trust me, it devastated NJ and that broke my heart for her. I hope I haven't said more than she would want me too but I wanted you to understand why she stood up for CL, it is because she has a huge heart and she is loyal and the world needs more of that. I know I'm blessed to call her my friend.