GUILTY AR - Beverly Carter, 49, Little Rock, 25 Sep 2014 - # 9

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jstkiddn said:
03/11/2015
03:52 PM ORDER TO DISMISS
Entry: DEF'S PRO SE MOTION FILED ON JANUARY 4,2015
Images WEB https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=LJ7Y0KFCERJIA5LV916KOVEXTJBXNW


We all remember AL's neatly handwritten filings he made earlier pertaining to his letter that he was trying to send to CL by way of his attorney that was confiscated by the ADC.

The court earlier determined that AL could not file his own pleadings AND retain counsel, so they never ruled. But now, since he released his attorney and is proceeding pro se, they have ruled on the things he filed.

It basically says that the ADC is not a party to this case and this court has no jurisdiction over the ADC's enforcement of regulations, so the order is dismissed. The other pleadings were pertaining to his representation and the Act III evaluation. Since his attorney has now been relieved and the Act III evaluation is complete, those issues are now moot.

I guess if he wants to pursue his case against the ADC regarding the letter, then he will have to re-file?
Click to expand...

To me its more or less housekeeping document, addressing those matters.

And AL already filed in Federal Court against the guards opening and keeping his mail. IIRC its Lewis V Robinson. Recently on that case, the 2 employees who "rubberstamped" as AL called it, the Judge file a Proposed Finding and Recommendation in which the Judge dismissed those 2 employees from the suit. AL filed an objection in a timely manner. Feb 5 signed and filed on 9th AL a Voluntary Motion to dismiss without prejudice (meaning can refilled if wishes)
before the opposing party has served either an answer or a motion for summary judgment. Feb 10th Judge Susan Webber Wright signed Order dismissing without prejudice. That case against the prison re opening/keeping his mail (the way I reading is still on).

**I think the ADOC screwed up reading and keeping his Legal mail. They even owned up to it. Also, since both AL and Hensley stated it was re info on his defense, AL could very well use that in an Appeal, if he is found guilty, saying they told the Pros what was in there. JMHO.

***Also in regards to AL v Pulaski Cty Sheriff Office (Arron Michael Lewis v Charles "Doc" Holladay & 11 more, AL filed a motion to add 20 additional, but he didn't state what they were, so it was denied. (reading other cases, I found where the State was denied Motions for same reason, not stating exactly what it was ~vague so JMHO I think this is something that happens, they have to be very specific)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ARRON MICHAEL LEWIS PLAINTIFF
v. NO. 4:14-cv-00673 BRW/HDY
CHARLES “DOC” HOLLADAY, CARL JOHNSON, DEFENDANTS
SARAH SPEER, SCOTT HAZEL, VANESSA LOWE,
JACOB MITCHELL, JEFF ALLISON, JACKSON BENNETT,
JOHN DOE NO. 1, K. STONE, and DREW EVANS

ORDER
Plaintiff Arron Michael Lewis has filed the pending motion to submit an additional
twenty interrogatories. See Document 34. The motion is denied because he failed to
provide any information in support of his request. The Court must be able to ensure, inter
alia, that the discovery sought is not “unreasonably cumulative or duplicative, or can be
obtained from some other source that is more convenient, less burdensome, or less
expensive.” See Fed.R.Civ.P. 26(b)(2)(C)(i).
IT IS SO ORDERED this 4 day of March, 2015.
UNITED
 
I just saw on FB where they are shutting down the page Prayers for Beverly Carter. It will be open for the rest of the week, if anyone wants to leave a prayer or message for the family.
 
Blondie in Spokane said:
Alleged killer of Arkansas Realtor will represent himself in capital trial

http://www.housingwire.com/articles...altor-will-represent-himself-in-capital-trial
Click to expand...

This article shows todays date, but this headline is misleading, in sense of current. The Pros Attorney waived the DP when they were in court March 4.

Alleged killer of Arkansas Realtor will represent himself in capital trial
Arron Lewis faces death penalty as defendant and as his own counsel
Trey Garrison
March 16, 2015 2:30PM

Thank you for another link to read tho.
 
More things filed today. His hand must be tired, because I'm having a hard time reading some of it.

Amongst them is one where AL wants access to a laptop for the duration of his case.
-----------------------------------------------------------------------------------------------------
03/17/2015
10:12 AM MOTION OTHER
Entry: none.
Images WEB https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=VKO40SAFYFP9G288SM02M0TVUZZSJ4




Requesting the court to order the sheriff's dept to transport him to the _______?_____ of the prosecutor's choosing? Can't read it.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
03/17/2015
10:12 AM MOTION COMPEL
Entry: PRO-SE
Images WEB https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=56C542XZ1HB6H59QXTC25U03LUU0QA




Whining about being denied computers or word processors, denied law books, denied this, denied that...can't make it all out and haven't had time to really look at it closely. I'm now wondering if there is a reason for the messy handwriting. If I'm having a hard time reading this, then I'm sure the judge is as well. We all know that he's capable of writing like a typewriter when he wants to, so what's up with the messy writing? I venture it say it's trying to make the judge give him a computer so he can type instead of write by hand. Just a theory.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
03/17/2015
10:12 AM MOTION OTHER
Entry: FOR A STATE HEARING TO HEAR VERBAL MOTION
Images WEB https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=HIMD3700KJS8D2MFWUAPU9MIXIS2LB


I'll have to come back when I have more time and try to make them out.
 
jstkiddn said:
More things filed today. His hand must be tired, because I'm having a hard time reading some of it.

Amongst them is one where AL wants access to a laptop for the duration of his case.
-----------------------------------------------------------------------------------------------------
03/17/2015
10:12 AM MOTION OTHER
Entry: none.
Images WEB https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=VKO40SAFYFP9G288SM02M0TVUZZSJ4




Requesting the court to order the sheriff's dept to transport him to the _______?_____ of the prosecutor's choosing? Can't read it.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
03/17/2015
10:12 AM MOTION COMPEL
Entry: PRO-SE
Images WEB https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=56C542XZ1HB6H59QXTC25U03LUU0QA




Whining about being denied computers or word processors, denied law books, denied this, denied that...can't make it all out and haven't had time to really look at it closely. I'm now wondering if there is a reason for the messy handwriting. If I'm having a hard time reading this, then I'm sure the judge is as well. We all know that he's capable of writing like a typewriter when he wants to, so what's up with the messy writing? I venture it say it's trying to make the judge give him a computer so he can type instead of write by hand. Just a theory.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
03/17/2015
10:12 AM MOTION OTHER
Entry: FOR A STATE HEARING TO HEAR VERBAL MOTION
Images WEB https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=HIMD3700KJS8D2MFWUAPU9MIXIS2LB


I'll have to come back when I have more time and try to make them out.
Click to expand...

Thanks! Near the end, he says he has a verbal motion to submit regarding some items that were seized that were not subject to seizure as evidence in the case. That had "no evidentiary value". I'm wondering what that is? He is the Lord of the Loopholes though. He seems determined to get at least 32 sub cases going while he waits for his trial, upping the odds of earning some money while doing time.

And the writing is tighter but I'd venture it's a reflection of his overall state of mind and conditions. It's still legible. I maintain....somebody get that guy a prison job. We have prisoners now farming fish for a dollar or two an hour. Making military garments, and all sorts of enterprises. He has too much time on his sticky hands. :)
 
Oh and each thing he states he needs, he writes the word "ORDER" in all Caps to emphasize that they are ORDERED to deliver to him. He has ORDERED the Public Defender's office to furnish him a laptop ...of at least 500 gigs memory. He seems to feel the stuff of the world is just there for his plucking and demanding. And ordering. I doubt a guy like this is "reformable". Delusional.
 
ConnectZDots said:
Thanks! Near the end, he says he has a verbal motion to submit regarding some items that were seized that were not subject to seizure as evidence in the case. That had "no evidentiary value". I'm wondering what that is? He is the Lord of the Loopholes though. He seems determined to get at least 32 sub cases going while he waits for his trial, upping the odds of earning some money while doing time.

And the writing is tighter but I'd venture it's a reflection of his overall state of mind and conditions. It's still legible. I maintain....somebody get that guy a prison job. We have prisoners now farming fish for a dollar or two an hour. Making military garments, and all sorts of enterprises. He has too much time on his sticky hands. :)
Click to expand...

I think we can be sure that Arron Lewis will never work again. Right now, he is not convicted of anything. I highly doubt after the trial that he will be a free man. He will be alone in his cell.
 
jstkiddn said:
More things filed today. His hand must be tired, because I'm having a hard time reading some of it.

-----------------------------------------------------------------------------------------------------------------------------------------------------------
03/17/2015
10:12 AM MOTION COMPEL
Entry: PRO-SE
Images WEB https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=56C542XZ1HB6H59QXTC25U03LUU0QA
Click to expand...
(^^ snip quote for space)

#2 states on March 5, 2015 the defendant sent written request to Pros John Johnson, pursuant to Rule 17.1 regarding disclosure, regarding sections (a) (b) (C) and (d) of said Rule 17.1.

#3 The Pros office has made no acknowledgement of Defendant's written request, nor have they complied
#4 The Defendant has complied with Arkansas Court Rules.

Here is the Arkansas Rules of Criminal Procedure
Rule 17.1. Prosecuting Attorney's Obligations.
https://courts.arkansas.gov/rules-and-administrative-orders/rules-of-criminal-procedure

(a) Subject to the provisions of Rules 17.5 and 19.4, the prosecuting attorney shall disclose to defense counsel, upon timely request, the following material and information which is or may come within the possession, control, or knowledge of the prosecuting attorney:

(i) the names and addresses of persons whom the prosecuting attorney intends to call as witnesses at any hearing or at trial;

(ii) any written or recorded statements and the substance of any oral statements made by the defendant or a codefendant;

(iii) those portions of grand jury minutes containing testimony of the defendant;

(iv) any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations, scientific tests, experiments or comparisons;

(v) any books, papers, documents, photographs or tangible objects, which the prosecuting attorney intends to use in any hearing or at trial or which were obtained from or belong to the defendant; and

(vi) any record of prior criminal convictions of persons whom the prosecuting attorney intends to call as witnesses at any hearing or at trial, if the prosecuting attorney has such information.

(b) The prosecuting attorney shall, upon timely request, inform defense counsel of:

(i) the substance of any relevant grand jury testimony;

(ii) whether, in connection with the particular case, there has been any electronic surveillance of the defendant's premises or of conversations to which he was a party;

(iii) the relationship to the prosecuting authority of persons whom the prosecuting attorney intends to call as witnesses.

(c) The prosecuting attorney shall, upon timely request, disclose and permit inspection, testing, copying, and photocopying of any relevant material regarding:

(i) any specific searches and seizures;

(ii) the acquisition of specified statements from the defendant.

(d) Subject to the provisions of Rule 19.4, the prosecuting attorney shall, promptly upon discovering the matter, disclose to defense counsel any material or information within his knowledge, possession, or control, which tends to negate the guilt of the defendant as to the offense charged or would tend to reduce the punishment therefor.

ETA: AL FORMER ATTY HENSLEY, HAD ALREADY MADE MOTIONS FOR ALL THIS INFO AND SHOULD HAVE RECD IT FROM PROS OFFICE. HENSLEY FILED THOSE MOTIONS THANKSGIVING DAY IIRC, & The judge ordered Hensley to turn all his files over to AL by March 9th.
 
jstkiddn said:
More things filed today. His hand must be tired, because I'm having a hard time reading some of it.

Amongst them is one where AL wants access to a laptop for the duration of his case.
-----------------------------------------------------------------------------------------------------
03/17/2015
10:12 AM MOTION OTHER
Entry: none.
Images WEB https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=VKO40SAFYFP9G288SM02M0TVUZZSJ4




Requesting the court to order the sheriff's dept to transport him to the _______?_____ of the prosecutor's choosing? Can't read it.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Click to expand...

The website is down at the moment, but IIRC the PROS Office has on their Motion for Discovery Responses that they have an open door policy to view files and so forth. JMHO>> *I cant fully read the wording, but I think it says LOCATION, which would make sense, for the Sheriff Office to transport to the Location of Pros choosing to look at evidence example BC phone, guns so forth... anything that couldnt be copied and shared with him. He has the right to examine all the evidence.
 
ConnectZDots said:
Thanks! Near the end, he says he has a verbal motion to submit regarding some items that were seized that were not subject to seizure as evidence in the case. That had "no evidentiary value". I'm wondering what that is? He is the Lord of the Loopholes though. He seems determined to get at least 32 sub cases going while he waits for his trial, upping the odds of earning some money while doing time.

And the writing is tighter but I'd venture it's a reflection of his overall state of mind and conditions. It's still legible. I maintain....somebody get that guy a prison job. We have prisoners now farming fish for a dollar or two an hour. Making military garments, and all sorts of enterprises. He has too much time on his sticky hands. :)
Click to expand...
Some of this stuff like the no evidentiary value, common. Most all will have that where they don't want some evidence in. I wouldn't get to wound up in these motions because that's what is done. That's what the Def does lol And the Pros job is to prove beyond a reasonable doubt to a jury. I just looking for the little nuggets of info in AL motions.

But stuff like the prison keeping his legal mail and knowing they shouldn't. That was wrong. No matter who it was.

Wondering if some of the items seized not subject to seizure in this case is the guns. That could be one of the things and why that charge will be held on a diff date. JMHO
 
Rule 17.2. Prosecuting Attorney'S Performance Of Obligations.


(a) The prosecuting attorney shall perform his obligations under Rule 17.1 as soon as practicable.

(b) The prosecuting attorney may perform these obligations in any manner mutually agreeable to himself and defense counsel or by:

(i) notifying defense counsel that material and information, described in general terms, may be inspected, obtained, tested, copied, recorded or photographed, during specified reasonable times; or

(ii) making available to defense counsel at a time specified such material and information, and suitable facilities and arrangements for inspection, testing, copying, recording or photographing of such material and information.

(c) The prosecuting attorney may impose reasonable conditions, including an appropriate stipulation concerning chain of custody, to protect physical evidence produced under this Article.
https://courts.arkansas.gov/rules-and-administrative-orders/rules-of-criminal-procedure
 
arkansasmimi said:
Some of this stuff like the no evidentiary value, common. Most all will have that where they don't want some evidence in. I wouldn't get to wound up in these motions because that's what is done. That's what the Def does lol And the Pros job is to prove beyond a reasonable doubt to a jury. I just looking for the little nuggets of info in AL motions.

But stuff like the prison keeping his legal mail and knowing they shouldn't. That was wrong. No matter who it was.

Wondering if some of the items seized not subject to seizure in this case is the guns. That could be one of the things and why that charge will be held on a diff date. JMHO
Click to expand...


I still don't think they were wrong. I know so little about the law that I can't say exactly what I want in the right words, but certainly, just because a PRISONER writes "legal Mail" does not make it where it can't ever be opened. Otherwise, they would all mark legal mail on every letter. These are criminals the prison is dealing with. They would never have a system that allowed for completely blind correspondence to come and go, without any chance of it being opened (I'm not saying they open every one, but that the prisoners know it has a chance of inspection).

Here are a couple of articles that lead me to believe the same thing:
http://www.aele.org/law/2007JBJUN/2007-06MLJ301.pdf
Because of concerns over attorney-client confidentiality, the general rule is
that, while incoming legal mail may be opened and inspected for contraband, it
should generally be opened in front of the inmate, and it should not be read.
Courts have applied similar principles to mail between legislators and public
officials and prisoners. In at least one recent case, Meador v. Pleasant Valley State
Prison, No. 1:05-CV-0939, 2007 U.S. Dist. Lexis 26505 (E.D. Cal.), a court found
that it did not violate these principles to have opened mail from a court to an
inmate outside of his presence despite it having been marked "legal mail," because
it merely contained court documents which were public record, and concerning
which there was no confidentiality at all. The reason for the requirement that legal
mail be opened in the presence of an inmate is to help assure that it is not read.

http://blogs.findlaw.com/ninth_circ...l-mail-from-prisoner-to-attorney-9th-cir.html

Prisoners' mail is almost always subject to being opened and read thoroughly by prison officials looking for contraband, which can include attempting to exchange information between gang members, for example. Legal mail, on the other hand, is supposed to be sacrosanct: Guards aren't supposed to open mail marked "legal mail" unless they suspect it's not legal mail; and even then, they can't read it that thoroughly.

Last week, the Ninth Circuit allowed a case to proceed in which a guard went well beyond scanning legal mail to make sure it's really legal mail. In a dissent, Judge Jay Bybee said that a single instance of a prisoner's mail being read one time doesn't amount to a constitutional injury.

It seems that the guards are allowed to open even legal mail, but are not supposed to read it well, but rather more of a skim. They are encouraged to do that in front of the prisoner, so they can see what was done. That is what they did!

I have said this before- I think he would have had more of a case if he had, in fact, been sending a legitimate letter. But he wasn't! It was considered contraband. HE was wrong. They were astute to the fact that he was up to something shady. They opened the letter in front of him. They did not read the whole thing. They scanned and skimmed and saw the last page was to Crystal- not his attorney. I don't think they were wrong. I think he is always trying to loophole and skirt the system and they happened to catch him at the right time. Loose lips sink ships. He had just been in court screaming about not being able to write letters to Crystal and them being returned. Then, all of a sudden, he has "legal mail". Ok, brother. Ok. Move along.
 
MPNOLA,

I totally agree, that the fact they are incarcerated they have to have strict rules, safety being the #1 factor. But the rules are in place for many reasons. Its because of the fact they have those rules that they should be followed by the staff also. To lessen the possibility for loopholes. I would hate it, if AL gets a guilty verdict by the jury, only to get tossed on Appeal because of this whole reading/keeping of his Legal Mail issue. THAT is why I say the prison messed up in JMHO. Per the documents filed in the case AL filed in Fed Court, including the letter from Hensley, they didn't just read it, they kept it. He is only at the ADOC because of his Parole being Revoked. <that of his own doing. So far, he hasn't gone to trial on the Capital Murder and Kidnapping charge. We don't know what the "legal mail" pages said, but just saying, if I were charged with those charges and it was to my attorney re my defense and especially that early in the case, I would be very upset too.

Per the ADOC own rules they are only suppose to inspect for contraband:

Is inmate mail opened and read?
Yes. All incoming and outgoing inmate mail may be read, except privileged correspondence with the inmate&#8217;s attorney; federal, state, and local court officials; any administrator of the Department of Correction, Board of Parole and the Board of Corrections; and the media. If properly marked as privileged, the correspondence will be opened in front of the inmate and only inspected for contraband. <page 5 ADOC Inmate Handbook http://adc.arkansas.gov/resources/Documents/handbook.pdf

Here are the doc's submitted re the suit that AL filed in Fed Court. and the case is still active. Again thanks to KayKay85.
http://www.websleuths.com/forums/sh...sing-realtor-9-ARREST&p=11371860#post11371860
the 2nd doc shows the letter from Hensley to the ADOC. AL also makes a ref of having a letter from his lawyer with a date, alleging to send to him and he would forward to CL attorney. If that is a fact, that Hensley did tell him that, then surely Hensley wouldn't give him that wrong advise in written form.

Should be interesting how that plays out in that particular case.
 
I want this case solved (as I do for all/any case) and a Pros to prove to a jury beyond a reasonable doubt the charges. If they have evidence that they felt strong enough to file those charges, then prove it. That's their job and the defense job to defend the defendant.

I have followed cases where the Pros didn't do that, although the media had them convicted before trial. I have my own opinion about AL and CL, from my own research. But that only matters to me. I have read some cases where the scum of the earth was most likely beyond guilty but got off on screw ups. I have also read where wrong person was convicted because of bad life choices, or whatever past, but not the actual person guilty of the crime charged.

I don't envy LEO, but I am thankful for them. I do my best to not ever get on the other side of them/law. But this world is getting crazier by the minute, and people can be accused of anything, by anybody, then you have to defend yourself against the accusations.

I feel they have pretty strong evidence that they feel they can prove in this case that AL and CL were the reason for the death of Beverly. What led up to her death, we don't know yet. Thats the Paul Harvey version, I want, "The rest of the story". We know they have the right person that BC met, because AL admitted that right off. They investigated stuff for a full month before filing the same exact EQUAL charges on CL. They built that case against her, with out the her having a criminal past as AL does. And AL past convictions are for theft type. Nonviolent. So for me that puts him and CL on level playing field. All of the theatrics of AL are just that. Getting emotional about his filings and so forth, that's just not me. These filings are part of the way it goes in court preceding's. Certain things filed then xx time for response. Its the Judicial System we have in the United States. One thing is for sure though, even liars tell the truth sometimes. Lol cant say he a liar and all he does is lie, then say well he admitted to kidnapping her... ??? I like seeing his filings, because it shows something different ea time. We have very little info on case. JMHO I think there is a lot more to this.

Remember too, when the Sheriff, and other LEO and Pros Jegley said that this was a Random act, they didn't know one another. That was on Sept 30th, the afternoon of day that BC body had been located. A lot of investigation went on since then... because they arrested CL exactly a month later. And that news conference was more or less for the public to know that they had someone whom they felt strongly was the correct suspect and not some serial killer running around. JMHO
 
So now that AL is Pro Se, representing himself, my question is if he corresponds with Hensley/or CL attorney now, is it still considered Legal mail? Hensley did an interview with KATV7, stating he would continue giving AL advise. I don't see it in the docs that Hensley was appointed Standby Attorney, filed on docket, but again not everything has been. I have the feeling that Hensley is/was appointed AL Standby Attorney. The Standby Attorney the way I am understanding, would step in in case AL became unable to proceed Pro Se. The Standby gives advise, but is more behind the scene, Pro Se AL would do the actual defending. *disclaimer I may be wrong, but that's what I take from reading and from Hensleys quotes. JMHO.

"Arron Lewis put forth a motion to represent himself at trial. Judge Wright asked Lewis a number of questions then agreed to allow him to represent himself. Lewis' attorney James Hensley tells Channel 7 News that he will continue to provide assistance to Lewis throughout the course of the trial." http://www.katv.com/story/28261343/suspect-in-realtor-death-to-represent-himself-at-trial

*I had not seen that particular video link (there are 2, 1:15 length the one I speaking of hadn't seen. The 1:45 has the video of Hensley I have seen) In the video clip 1:15 here, it shows the Pros stating they spoke with the victim family and went over issues and with their agreement the not seeking the death penalty (paraphrased by me, from the video). I took it as if it was the Pros that presented it to the Carter Family of not seeking the DP and the Family agreed. JMHO

***Interesting read about a Standby Attorney http://www.nyulawreview.org/sites/default/files/pdf/NYULawReview-75-3-Poulin.pdf
 
Working on a new thread will be closing this one shortly...
 
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