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

[arkansasmimi]

12/15/2016
02:18 PM APPELLEE'S BRIEF STATE OF ARKANSAS,
Entry: Appellee's Brief Cross Appellant's Brief
Images Appellee's Brief Cross Aplt's

States Argument bottom page 32/99 and top of 33/99 ]https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=DACDD2C323D0D80D15D3723474F6BC9545BC22D75BCAEB0442CADD8CB013CACF2F6CA1B27F1760C5CA7DFEA1E29FCDC9A3C388B247FA7452ADE8F3EBF1F4F0C1&i_url=https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS

Carter was reported missing by her husband on September 25, 2014. (R.537-38). When she did not return home late that evening from showing a house in Scott, he became concerned, drove there, and found her locked vehicle in the driveway with her purse inside. (R. 538). Carter’s phone records showed that she had been in frequent contact with a number not assigned to a contact in her phone. That number was a “spoof number” created by the Google application “Text Me.” (Ab. 2-3; R. 540-42, 548-49). Using a prosecutor’s subpoena, officers tied the Text Me account to Appellant’s wife, Crystal Lowery. (Ab. 3; R. 549, 582).

The PCSO began surveillance on Lowery’s residence. (Ab. 4-5; R. 557-58). On September 28, 2014, Lieutenant Mark Swaggerty observed a man later identified as Appellant leave the residence in a black car. (Ab. 5, 218; R. 558, 560,
1679). Because Appellant and his vehicle matched the descriptions of a man and vehicle seen at the house in Scott the day Carter went missing, Swaggerty followed him. (R. 558-59). Minutes later, Swaggerty saw Appellant’s car wrecked, and
Appellant climbing out of it. https://contexte.aoc.arkansas.gov/i.../contexte.aoc.arkansas.gov/imaging/IMAGES/DMS

Also Judge Wright 12/9/15 Order page 459 & 460/558 of the Def Appeal as an exhibit

The Defendant seeks to have this Court suppress any evidence obtained by subpoenas issued in this case to phone and IT companies. Investigator Jeff Allison of the Pulaski County Sheriff s Department - Criminal Investigative Division testified at the omnibus hearing that, after the disappearance of Beverly Carter had been reported, they made an exigent circumstance
request to AT&T to procure her cell phone and SMS data records. Once they had access to those records, they noticed that the victim had recently been in frequent contact - both phone calls and text messages - with a phone number with a New York area code. Having access to the victim's Apple iCloud account, they noticed that this phone number was one of the few in her call history not identified with a known associate. The investigators discovered that this same phone number was written on an envelope in the victim's car. one of the investigators called the number and discovered it was "spoof number" associated with a Google app called TextMe. They then, with the aid of prosecutors, made an exigent circumstances request to Google to obtain the call log of the TextMe number. They were able to thereby determine that the phone number was created by an account of the Defendant's wife, Crystal Lowery' The Defendant has alleged that the information received by the investigators in this
manner should be suppressed as an oveffeach of the prosecutor's subpoena power. The Defense is right that the prosecutor has no power to issue subpoenas in a criminal investigation. The Court, however, need not decide whether this alleged overreach was illegal. Because even assuming arguendo that the prosecutors improperly allowed the use of their subpoena to aid the police investigation, the Defendant has no standing to challenge these subpoenas, and suppression would not be the proper remedy.
https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=B8D450CB6DE496A941E75FE9269EB73F0BB6DFF457694D7986EDF49E51CD721AA21F1F440EF354B1B28F6F91625FA190DB58B35ABC003F35DE57A8B1C5F3FCDF&i_url=https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS

The States Response doesn't match up with what was testified to in Hearings. Should be interesting because there was testimony that said Pros Subpoenas were used and the Google SW had to be added to the Record during the Appeal process. We have not seen that document.

Also Judge Wright 12/9/15 Order page 459 & 460/558 of the Def Appeal as an exhibit

The Defendant seeks to have this Court suppress any evidence obtained by subpoenas issued in this case to phone and IT companies. Investigator Jeff Allison of the Pulaski County Sheriff s Department - Criminal Investigative Division testified at the omnibus hearing that, after the disappearance of Beverly Carter had been reported, they made an exigent circumstance
request to AT&T to procure her cell phone and SMS data records. Once they had access to those records, they noticed that the victim had recently been in frequent contact - both phone calls and text messages - with a phone number with a New York area code. Having access to the victim's Apple iCloud account, they noticed that this phone number was one of the few in her call history not identified with a known associate. The investigators discovered that this same phone number was written on an envelope in the victim's car. one of the investigators called the number and discovered it was "spoof number" associated with a Google app called TextMe. They then, with the aid of prosecutors, made an exigent circumstances request to Google to obtain the call log of the TextMe number. They were able to thereby determine that the phone number was created by an account of the Defendant's wife, Crystal Lowery' The Defendant has alleged that the information received by the investigators in this
manner should be suppressed as an overreach of the prosecutor's subpoena power. The Defense is right that the prosecutor has no power to issue subpoenas in a criminal investigation. The Court, however, need not decide whether this alleged overreach was illegal. Because even assuming arguendo that the prosecutors improperly allowed the use of their subpoena to aid the police investigation, the Defendant has no standing to challenge these subpoenas, and suppression would not be the proper remedy
https://contexte.aoc.arkansas.gov/i...D=B8D450CB6DE496A941E75FE9269EB73F0BB6DFF4576 94D7986EDF49E51CD721AA21F1F440EF354B1B28F6F91625FA 190DB58B35ABC003F35DE57A8B1C5F3FCDF&i_url=https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS

 

[SteveS]

I can't imagine that this motion to the Arkansas Court, which basically says they were too stupid to understand the issues and didn't rule on them with any proper understanding, so they need to have a do-over, is going to go anywhere. I wouldn't be surprised if what we get is a "Motion Denied" with little-to-no further explanation.

 

[DeDee]

Oh, dear Lort. When is enough going to be enough?

:judge: :denied:


I thought Low lost at appellate level. How is he able to continue to file motions? If he's lost on appeal, then the TextMe app is nil and void. Yes?


This is one case I wanted to track and lost track of time. Is there a 48 Hours, 20/20 or other news type show about BCs murder available? Thanks in advance and Happy Fourth!


:happy4th:

 

[arkansasmimi]

** ASC is out until fall. They evidently still do their Thursday business.

07/20/2017
10:45 AM PET FOR REHEARING SUBMITTED LEWIS, ARRON MICHAEL
Entry: none.
Images No Images

07/20/2017
10:45 AM MOTION SUBMITTED HALL HENRY, KATHRYN ELIZABETH
Entry: Appellee's motion for extension of time to file response to appellant's petition for rehearing.
Images No Images

08/03/2017
09:00 AM LETTER ORDERS - SC HALL HENRY, KATHRYN ELIZABETH
Entry: Appellee's motion for extension of time to file response to appellant's petition for rehearing is granted. Response filed timely June 26, 2017.
Images ORDER
https://caseinfo.aoc.arkansas.gov/c...kto=P&case_id=CR-16-413&begin_date=&end_date=

 

[arkansasmimi]

Family of slain Arkansas Realtor Beverly Carter sues her employer

By Rachel Herzog
This article was published today at 4:15 p.m.

The family of a central Arkansas woman who was kidnapped and murdered is suing the real estate firm where she worked, saying the company failed to provide her with training, guidance and tools to keep her safe on the job.

<snip>
The suit states that Crye-Leike never ran background checks on potential home buyers or encouraged its employees to do so. The firm also didn't encourage its Realtors to travel in groups when showing rural homes or homes to strangers, or encourage them arrange preliminary meetings to prevent acts of deception, according to the filing.
http://www.arkansasonline.com/news/2017/oct/12/family-murdered-little-rock-realtor-beverly-carter

 

[arkansasmimi]

Report Selection Criteria

Case ID: 60CV-17-5499
Citation No:
Docket Start Date:
Docket Ending Date:


Case Description

Case ID: 60CV-17-5499 - CARL CARTER ET AL V CRYE-LEIKE OF ARKANSAS ET AL -JURY TRIAL
Filing Date: Friday , September 29th, 2017
Court: 60 - PULASKI
Location: CI - CIRCUIT
Type: OD - TORT-OTHER
Status: OPEN - CASE OPEN
https://caseinfo.aoc.arkansas.gov/c...=P&case_id=60CV-17-5499&begin_date=&end_date=

 

[111addict]

Report Selection Criteria

Case ID: 60CV-17-5499
Citation No:
Docket Start Date:
Docket Ending Date:


Case Description

Case ID: 60CV-17-5499 - CARL CARTER ET AL V CRYE-LEIKE OF ARKANSAS ET AL -JURY TRIAL
Filing Date: Friday , September 29th, 2017
Court: 60 - PULASKI
Location: CI - CIRCUIT
Type: OD - TORT-OTHER
Status: OPEN - CASE OPEN
https://caseinfo.aoc.arkansas.gov/c...=P&case_id=60CV-17-5499&begin_date=&end_date=

Have been supportive of this family from the start. They handled this tragedy with such grace. Not everything is a lawsuit, though. This is unfair, as the insurance company of the agency will have to spend big $ on attorney fees to defend this. They will probably settle to make it go away. This is immoral, greedy, and disappointing. High credibility has shifted to none.

 

[jstkiddn]

Have been supportive of this family from the start. They handled this tragedy with such grace. Not everything is a lawsuit, though. This is unfair, as the insurance company of the agency will have to spend big $ on attorney fees to defend this. They will probably settle to make it go away. This is immoral, greedy, and disappointing. High credibility has shifted to none.

This seems to be the general sentiment being shown on local social media comments. The people here in Arkansas were very supportive of the Carter family, but most are seeing this as some type of money grab and it's leaving a bad taste for most people.

It really shocked me when I first read about this. I wouldn't have expected this. I wonder what changed?

 

[111addict]

This seems to be the general sentiment being shown on local social media comments. The people here in Arkansas were very supportive of the Carter family, but most are seeing this as some type of money grab and it's leaving a bad taste for most people.

It really shocked me when I first read about this. I wouldn't have expected this. I wonder what changed?

I wonder the same. Maybe they expected more from the foundation (non-profit orgs make a ton of $ for payroll and operations) and a potential book deal. They will probably say they haven't seen the agency making enough effort to make the profession safer. There are better avenues than creating major expense for the insurance company. The agency did nothing negligent. They did nothing intentional, other than support and love that family. I am still sympathetic to their pain. I know they miss her daily, but money will not change that.

 

[111addict]

Also, maybe there is a three year statute deadline to file the lawsuit? Maybe they have been trying to settle to no avail. Maybe they wanted to look good while riding the foundation as long as possible.

 

[111addict]

Well...I sure feel guilty after reading the statement from CC, Jr. It is understandable to be supportive of his Dad. That is truly a tough spot to be in. I still don't agree with the lawsuit, and apparently 95% or so of the public (potential jurors) feel the same. It will be so costly for the broker/insurance company to defend this. I know the family (at least at this point) has an idea there is no merit to this case. They are hoping for a settlement, and I hope it doesn't happen. Yes, it will be more expensive to go to court and have it thrown out, or to prove the family unsuccessful, but a precedence would be set. Rewarding this with a settlement will open the door for many frivilous suits in the industry. The agents will lose in the end. The brokerage will need to keep more of their commissions, as a result.

The main way to protect agents on showings is to have a partner accompany them. The reason this isn't happening, is who wants to share their commission? It always comes down to $. Beverly was a smart and seasoned agent. The things some would like to implement for safety are costly. If she were given the option by her agency (even though it is her responsibility) to reduce her commission, she would have declined. She needed every bit, as most do, especially since she was the breadwinner in her family. They were struggling financially. It is a sad situation, but the vast majority of agents are in the same boat. What the family needs to realize is they are going to cause hardship for other agents trying to get by just like Beverly was. The dangers of the industry have been known for many years. No matter how many videos are shown, most agents will continue with business as usual. What Beverly's son is doing to create awareness is respectable, as a way to honor a special lady. It will also help many agents to be more aware. Hopefully he will continue. Many that previously supported the foundation likely won't anymore, unfortunately.

 

[SteveS]

In case anyone is wondering, AL's request for a rehearing was denied (about a month ago). The statement of the decision was blunt and to the point: "Appellant's petition for rehearing is denied. Hart, J dissents."
https://contexte.aoc.arkansas.gov/i.../contexte.aoc.arkansas.gov/imaging/IMAGES/DMS

Also included was a mention of the availability of Hart's dissenting opinion here. It was quite brief, and in it she noted she concurred with the bottom line decision re AL and his sentence, but supported AL's request to reconsider the applicability of the SCOTUS decision known familiarly as Patane for future cases. Her desire for a rehearing was to have the court make a separate decision on whether Arkansas wants its rules of evidence to be in accord with Patane, or whether Arkansas wants to place greater restrictions on admissibility of evidence than that. (For more info on Patane, see https://en.wikipedia.org/wiki/United_States_v._Patane )

In any event, as far as Arkansas is concerned, the decision on AL and his future (for this lifetime and a few others as well) is done.

 

[111addict]

In case anyone is wondering, AL's request for a rehearing was denied (about a month ago). The statement of the decision was blunt and to the point: "Appellant's petition for rehearing is denied. Hart, J dissents."
https://contexte.aoc.arkansas.gov/i.../contexte.aoc.arkansas.gov/imaging/IMAGES/DMS

Also included was a mention of the availability of Hart's dissenting opinion here. It was quite brief, and in it she noted she concurred with the bottom line decision re AL and his sentence, but supported AL's request to reconsider the applicability of the SCOTUS decision known familiarly as Patane for future cases. Her desire for a rehearing was to have the court make a separate decision on whether Arkansas wants its rules of evidence to be in accord with Patane, or whether Arkansas wants to place greater restrictions on admissibility of evidence than that. (For more info on Patane, see https://en.wikipedia.org/wiki/United_States_v._Patane )

In any event, as far as Arkansas is concerned, the decision on AL and his future (for this lifetime and a few others as well) is done.

Thank goodness.

CL will be free someday. If the Carter's want to sue, they should file a civil suit against her. I am sure she will profit from interviews and probably a book. I think it's doubtful she has told the full story of her involvement.

 

[arkansasmimi]

10/30/2017
11:44 AM ANSWER FILED MILLER, STUART PAUL
Entry: Answer to Plaintiffs' Original Complaint
Images WEB

10/30/2017
02:02 PM MOTION OTHER
Entry: Motion to Dismiss, Memorandum in Support & in the alternative, Answer
Images WEB
https://caseinfo.aoc.arkansas.gov/c...=P&case_id=60CV-17-5499&begin_date=&end_date=

JMHO I don't think they have much of a leg to stand on. I too am disappointed in the filing. Especially since they stood by the company that BC worked at. Then CCjr, his wife and bro went and got their Real Estate lic, and working in that profession. Then there was the college friend that tried to get his app going. Plus all the speaking engagements. The Foundation and so forth. Then there was the comments of BC did nothing wrong *referencing doing her job*.

 

[arkansasmimi]

10/30/2017
11:44 AM ANSWER FILED MILLER, STUART PAUL
Entry: Answer to Plaintiffs' Original Complaint
Images WEB

10/30/2017
02:02 PM MOTION OTHER
Entry: Motion to Dismiss, Memorandum in Support & in the alternative, Answer
Images WEB
https://caseinfo.aoc.arkansas.gov/c...=P&case_id=60CV-17-5499&begin_date=&end_date=

JMHO I don't think they have much of a leg to stand on. I too am disappointed in the filing. Especially since they stood by the company that BC worked at. Then CCjr, his wife and bro went and got their Real Estate lic, and working in that profession. Then there was the college friend that tried to get his app going. Plus all the speaking engagements. The Foundation and so forth. Then there was the comments of BC did nothing wrong *referencing doing her job*.

From Answer to Plaintiffs' Original Complaint they agree that BC was an

12. Upon information and belief, Crye-Leike Arkansas admits that Beverly Carter
was pronounced dead on September 30, 2014 and that Aaron Lewis and Crystal Lowery were
convicted of kidnapping and murdering Beverly Carter. Crye-Leike Arkansas specifically denies
that the alleged appointment for a real estate showing was set up &#8220;through Crye-Leike,&#8221; as
Beverly Carter was an independent contractor and set her own appointments for real estate
showings. The remaining allegations set forth in Paragraph 12 of Plaintiffs&#8217; Complaint do not
relate to Crye-Leike Arkansas and no response to those remaining allegations is required from it.
To the extent a response to any remaining allegations is deemed required, Crye-Leike Arkansas
generally and specifically denies any remaining allegations contained in Paragraph 12 that may
be construed against it.

32. Out of abundance of caution, Crye-Leike Arkansas affirmatively asserts the
relevant statute of limitations as a complete bar to Plaintiffs&#8217; action.


JMHO, from #32, the statute of limitations of when BC was kidnapped and killed ran out days prior to the Sept 29, 2017 filing. Per this link AR has 3 year statute of limitations.
"Arkansas Civil Statute of Limitations at a Glance
Most claims must be filed within three years in Arkansas, including personal injury, injury to property, and libel. However, slander carries a one-year statute of limitations, written contracts have a five-year limit, and there is a 10-year statute of limitations for judgments. http://statelaws.findlaw.com/arkansas-law/arkansas-civil-statute-of-limitations-laws.html "

Report Selection Criteria
Case ID: 60CV-17-5499
Case Description

Case ID: 60CV-17-5499 - CARL CARTER ET AL V CRYE-LEIKE OF ARKANSAS ET AL -JURY TRIAL
Filing Date: Friday , September 29th, 2017
Court: 60 - PULASKI
Location: CI - CIRCUIT
Type: OD - TORT-OTHER
Status: OPEN - CASE OPEN

From transcript https://contexte.aoc.arkansas.gov/i.../contexte.aoc.arkansas.gov/imaging/IMAGES/DMS


209/588
CCjr testimony .. September 25th was the date that my mom went missing

*GRAPHIC TESTIMONY*
pg 316/588

My autopsy has revealed indications of how long after the time she was
abducted that she died. Based on the post-mortem changes at autopsy, and the
presence of that drug in her system and the maggot activity on the body, it is my
opinion that death took place within a 24 hour period following her disappearance.

JMHO the statute of limitation that the CRYE-LEIKE OF ARKANSAS Attorneys are speaking of would have been 3 yrs from date of kidnapping which would have been up On 9/25/17 or 9/26/17 at the latest. Lawsuit was filed 9/29/17

 

[arkansasmimi]

Twists ....:silly:

Person who was listed as CL next of kin, was sentenced to to prison for embezzlement. What made me :laughing: is ... one of her attorneys was AL attorney also! Lee Short. *The lady who was listed as next of kin and now going to federal prison, also had as her orig attorney the one that was CL first attorney :lookingitup: Wonder if she knew or Short knew /realized that about ea other :thinking:

Snip:
A federal judge on Friday ordered Lynn Alisa Espejo of Sherwood to serve just under four years in prison on 25 counts related to her embezzlement of more than $600,000 from a group of doctors whose business expenses she administered from 2007 through 2010.

The 53-year-old former bookkeeper fought the charges every step of the way, which had the effect of keeping her under indictment for about six years. Her latest attorneys, David Cannon and Lee Short, cited her extensive time under threat of conviction as one of several reasons she should get a lenient sentence and suggested that she receive no prison time at all.

But U.S. District Judge Kristine Baker said, "This is not a probationary case."

Baker also told Espejo that it was her own decision to fight the charges tooth and nail, stretching her case out over several years, and that she cannot count that time as punishment.

..,..

The judge noted that she had read an "overwhelming stack of letters regarding Ms. Espejo's good work" in the community, from which it appeared that Espejo's efforts to help disadvantaged or marginalized people weren't undertaken after she was indicted, in an effort to mitigate her sentence. Baker said the letters indicated that Espejo's benevolent acts "predate her conduct in this case."

However, Baker said, she has also "observed conduct that belies the character that others are describing" in the letters.

The judge cited incidents in which Espejo followed a witness against her out of the courtroom without permission of the court and in which she bad-mouthed an earlier set of attorneys in open court. Baker noted that Cannon and Short are Espejo's third set of attorneys http://www.arkansasonline.com/news/2017/nov/05/bookkeeper-gets-45-month-term-in-embezz/

 

[Gardenista]

FEBRUARY 19, 2018
Ep 47: The Life and Death of Real Estate Agent Beverly Carter

http://courtjunkie.com/ep-47-life-death-real-estate-agent-beverly-carter/

 

[jstkiddn]

Out of the blue, I thought about AL today for the first time in a very long time. So, I peeked in on him. In case anyone was wondering if he was using his time in prison to better himself or halfway try to be a decent human being......here's a screenshot of his discipline record. Some things never change, right?

 

[jstkiddn]

OMG! For anyone still checking in on this case, CL is filing for early release!

Arkansas realtor killing update: Imprisoned accomplice seeks clemency

 

[SteveS]

Asking for the extreme, and getting it, are two different things. Murder is a tough crime to say, "Oops, my bad, I'm sorry, I learned my lesson and I won't do it again." The murdered lady is still dead. CL has only served 5 years on a 30-year sentence for her part in murdering an innocent Arkansas citizen who was doing her job.

CL wants her sentence cut in half to 15 years (so, she'd still have to serve another 10, less time off for parole if any). The Arkansas rule is apparently 70% served before you can apply, so right now she can't apply until after 21 years, but this would cut it in half.

Her basis is her belief she has been rehabbed via in-prison programs, she has learned her lesson, and that she is now ready to pay her debt to society "outside." "We all learn from our mistakes, but our mistakes are not who we are,” Lowery said. “I am willing to do anything I need to do to show I am rehabilitated and I am not a danger to anyone.”

Also, she is (~sarcasm alert~) graciously doing this to save Arkansas the expense of keeping her in prison for those last 15 years, she says. "I have a debt to pay to society and it would be more productive to pay this debt volunteering and monitoring on the outside than staring at four walls on the inside eating up taxpayer dollars," Lowery said. "I am asking you for a second chance to prove myself redeemable to society.”

More of her thinking, what she is saying, and so on at Woman convicted in killing of Arkansas realtor Beverly Carter applies for clemency

Frankly, I can't imagine that this goes anywhere at this point. It's a murder too raw and fresh for the family and public, and the decision makers would get lynched if they went for such lunacy. The quickness of the request, to some degree, makes me think she really does NOT yet understand the seriousness of her actions, and is not as rehabbed as she thinks she is.

Because, isn't time in prison designed not only to rehab, but also punish for crime done? And isn't parole the reward system designed for those who learn and get rehabbed and are thought to be likely to be a plus to society going forward, after serving enough time to somewhat even the scales? And aren't her arguments the sort that MIGHT make sense to justify a parole, when the proper time comes?