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

Discussion in 'Recently Sentenced and Beyond' started by KateB, Dec 4, 2015.

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  1. KateB

    KateB New Member

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    Rest in Peace Beverly!

    [​IMG]

    http://www.thv11.com/story/news/local/little-rock/2014/09/26/beverly-carter-missing/16257155/

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

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  3. arkansasmimi

    arkansasmimi Active Member

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    following
     
  4. Wagara

    Wagara Wishin' and hopin’ and thinkin’ and prayin’...

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    X marks the spot.
     
  5. Suthrnqt

    Suthrnqt Verified Luddite

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    Marking my spot, as usual. ...
     
  6. zxbeer

    zxbeer New Member

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    Following
     
  7. arkansasmimi

    arkansasmimi Active Member

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

    N THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
    FOURTH DIVISION
    STATE OF ARKANSAS
    VS.
    ARRON LEWIS
    PLAINTIFF
    cR 2014-3928
    DEFENDANT
    ORDER
    Comes now for consideration the pleadings argued at the omnibus hearing held
    November 16,2Ol5,and based upon a review of the case file, the pleadings of both parties, the
    arguments submitted to this Court by brief, and all other matters considered, the Court DOTH
    FIND:
    https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=W91IXRDASRGXJEZJK4QX4T3NOPNQ29
     
  8. arkansasmimi

    arkansasmimi Active Member

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

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

    arkansasmimi Active Member

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

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

    If the State can show that any items found in the vehicle that they seek to introduce were
    discovered during an inventory search and not during the search pursuant to the illegal warrant,
    this Court will consider admitting them into evidence. Without that showing, all evidence found
    in the vehicle is to be suPPressed.
     
  10. arkansasmimi

    arkansasmimi Active Member

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

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

    arkansasmimi Active Member

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

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

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

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

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

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

    Exclude Text Messages and Emails allegedly sent by Arron Lewis

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

    ***Rule 901 of the Arkansas Rules of Evidence > https://courts.arkansas.gov/rules-a...1-requirement-authentication-or-identifcation
     
  12. Zuri

    Zuri New Member

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

    arkansasmimi Active Member

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    Page 9 regarding Search Warrant for the Randall Drive home:
    I wonder if the gun charge will have to be dismissed? :thinking:
     
  14. concernedmother

    concernedmother Active Member

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

    arkansasmimi Active Member

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    First thing I thought too, still reading then gotta go back over trying to figure out what left. :panic: looks like the jewelry WAS Beverly's but the investigators didn't know that for sure.
     
  16. arkansasmimi

    arkansasmimi Active Member

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    RE: Search Warrant for the car:
     
  17. arkansasmimi

    arkansasmimi Active Member

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

    arkansasmimi Active Member

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

    arkansasmimi Active Member

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

    arkansasmimi Active Member

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

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

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

    arkansasmimi Active Member

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