GUILTY AR - Beverly Carter, 49, Little Rock, 25 Sep 2014 - #10

[jstkiddn]

A new order:

https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=JXEIVSSEU809OYF01ZQ2C75HZGPF7G

11/18/2015
04:52 PM ORDER OTHER
Entry: MATERIALS WILL REMAIN UNDER SEAL & IN CUSTODY OF COURT REPORTER
Images WEB

STATE OF ARKANSAS
VS.
ARRON LEWIS

cP.20t4-3928

ORDER

Comes now before the Court the matter of discoverability of potential Brady material in
this case, and based on a review of the materials, the court DOTH FIND.
The State has submitted certain materials under seal to this Court for an in-camera
evaluation. This Court finds that the submitted materials regarding Investigator Zachary Warren
of the Pulaski County Sherriff's Office are not "material either to guilt or to punishment" and
that as such, they are not subject to disclosure under the due process standard set by the United
States Supreme Court in Brady v. Maryland,373 U.S. 83, 83 S.Ct. 1194 (1963). The materials
will remain under seal and in the custody of this Court's reporter.
IT IS SO ORDERED .

 

[arkansasmimi]

A new order:

https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=JXEIVSSEU809OYF01ZQ2C75HZGPF7G

11/18/2015
04:52 PM ORDER OTHER
Entry: MATERIALS WILL REMAIN UNDER SEAL & IN CUSTODY OF COURT REPORTER
Images WEB

STATE OF ARKANSAS
VS.
ARRON LEWIS

cP.20t4-3928

ORDER

Comes now before the Court the matter of discoverability of potential Brady material in
this case, and based on a review of the materials, the court DOTH FIND.
The State has submitted certain materials under seal to this Court for an in-camera
evaluation. This Court finds that the submitted materials regarding Investigator Zachary Warren
of the Pulaski County Sherriff's Office are not "material either to guilt or to punishment" and
that as such, they are not subject to disclosure under the due process standard set by the United
States Supreme Court in Brady v. Maryland,373 U.S. 83, 83 S.Ct. 1194 (1963). The materials
will remain under seal and in the custody of this Court's reporter.
IT IS SO ORDERED .

BBM, this is the Investigator that testified that on 9/28/2014 drafted the Affidavits for Search and Seizure Warrants for I know the home, and unsure of date but subpoena to Craigslist about that add made by someone but testified that he did not receive a response from that. (*not related to BC case it was determined). ***no idea what else this Inv was responsible for or what could be talking about in this order, just making note of who this person is. All is JMHO

Investigator Jordan Ables (now Special Agent Jordan Ables with the AG office) is who did the Search and Seizure Affidavit for 2012 Ford Fusion.

 

[111addict]

BBM, this is the Investigator that testified that on 9/28/2014 drafted the Affidavits for Search and Seizure Warrants for I know the home, and unsure of date but subpoena to Craigslist about that add made by someone but testified that he did not receive a response from that. (*not related to BC case it was determined). ***no idea what else this Inv was responsible for or what could be talking about in this order, just making note of who this person is. All is JMHO

Investigator Jordan Ables (now Special Agent Jordan Ables with the AG office) is who did the Search and Seizure Affidavit for 2012 Ford Fusion.

Briefly researched Brady material. Appears to be evidence the Prosecutor has to submit that could be favorable to the defense.

 

[111addict]

Do I understand correctly that the court ruled they do not have to submit it as evidence, so the defense won't see it since it was ruled not to be beneficial to the defense?

 

[arkansasmimi]

snip from Order>

Comes now before the Court the matter of discoverability of potential Brady material in
this case,

So does the under seal of whatever, mean can or cannot be used?

Brady Rule Definition:
The suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or punishment http://www.duhaime.org/LegalDictionary/B/BradyRule.aspx

Due Process Definition:
Fundamental procedural legal safeguards of which every citizen has an absolute right when a state or court purports to take a decision that could affect any right of that citizen

Fundamental procedural legal safeguards of which every citizen has an absolute right when a state or court purports to take a decision that could affect any right of that citizen (such as, re USA, Fifth Amendment).

The most basic right protected under the due process doctrine is the right to be given notice and an opportunity to be heard (audi alteram partem), and the right to an impartial judge (nemo judex in parte sua).

The term is now also in use in other countries, again to refer to basic fundamental legal rights such as the right to be heard.

The term originated in England, but has taken on much importance in the United States of America as encompassing initially basic procedural rights, and since enlarged to include substantial rights, and is set out in §1 of the Fourteenth Amendment.

http://www.duhaime.org/LegalDictionary/D/DueProcess.aspx

United States Supreme Court in Brady v. Maryland,373 U.S. 83, 83 S.Ct. 1194 (1963)
https://www.law.cornell.edu/supremecourt/text/373/83

Federal Rules of Criminal Procedure › TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL
Rule 16. Discovery and Inspection https://www.law.cornell.edu/rules/frcrmp/rule_16

^^from that link:

snip >(2) Information Not Subject to Disclosure. Except as permitted by Rule 16(a)(1)(A)-(D), (F), and (G), this rule does not authorize the discovery or inspection of reports, memoranda, or other internal government documents made by an attorney for the government or other government agent in connection with investigating or prosecuting the case. Nor does this rule authorize the discovery or inspection of statements made by prospective government witnesses except as provided in 18 U.S.C. §3500.

18 U.S. Code § 3500 - Demands for production of statements and reports of witnesses
https://www.law.cornell.edu/uscode/text/18/3500

***Unsure if this is what the Order is referring to or no.. just trying to research .. putting here for others and to look at later when I have time. ***

 

[arkansasmimi]

Do I understand correctly that the court ruled they do not have to submit it as evidence, so the defense won't see it since it was ruled not to be beneficial to the defense?

Right now its about turning over discovery.. and whether that discovery can be used as evidence or used in case if deemed to be relevant but I may be not to totally correct on my understanding. I am curious as to this because of what this Investigator testified to and how it possibly may have to do with being able to be used in trial. **Remember the Affidavits and Search warrants have all been sealed from the beginning. We have no way of knowing what this is pertaining to. JMHO

 

[arkansasmimi]

This Investigator testified about the Search Warrant on the house. I have no idea what all this Inv duties were in the case..

*Def Motion they argued re search of home https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=43J7PUNWZMFXPFKMIEOMKKEXNBW374 Judge had to hear testimony to make his ruling. ...AGAIN I have no idea what else this Inv was responsible for or what the materials looked at are the Order says

The State has submitted certain materials under seal to this Court for an in-camera
evaluation.

On cross examination Def Co-Counsel went line by line asking about each
Like:
clothing... didn't specify what clothing (like what BC last wearing, just clothing)
shell casings... did you have evidence there was a gun used in this case? Witness: No we didn't know at that time if weapon used or not
projectiles... any evidence would be Witness: no
firearms... any evidence firearms used Witness no
ammo... any evidence ... Witness:no
DNA/Bio evidence... any evidence any would be found in the home? Witness: no
personal property.... any evidence any personal property or what personal property looking for? Witness No
human remains... any evidence that there would be human remains or whose. at time were looking for a Missing Person ? Witness: No reason to believe human remains would be in house at time
electronics/media..

Only thing they knew was BC phone possibly there, they already had AL cellphone from the Inv taking from AL in ambulance being one used to call BC phone. *her cell was not listed on the search warrant but was seized under personal items .. when found it on dresser in master bedroom, he called Inv Drew Evans who confirmed the I me I # (?) from the back of the phone was that belonging to BC.

Lowes reciept...taken because there was new wood on the air return (that where they found the guns) ** looking at some of AL pics there is one that I think may be this piece of wood lol it a selfie of him and his black dog in what looks like living room.

credit card device (like we saw from CL Ebay some of the places on there jmo)

ETA: Def was arguing in their Motions and in their cross exam of witnesses, that Fourth Amendment Rights were violated. Def asked if each author of the Affidavits if they told the Judge anything else other than what listed in the Affidavits... all stated No. Bolded is what they were getting at.

Fourth Amendment - U.S. Constitution
Fourth Amendment - Search and Seizure
Amendment Text | Annotations
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
- See more at: http://constitution.findlaw.com/amendment4.html#sthash.Zw1DEp1b.dpuf

all JMHO

 

[arkansasmimi]

I wish we had an Attorney Member come help us understand on this thread lol :help:

 

[zxbeer]

I wish we had an Attorney Member come help us understand on this thread lol :help:

I thought, the way you are describing everything ,you are the attorney....:happydance:
You are doing a great job at keeping us informed.
Thank You arkansasmimi

 

[arkansasmimi]

I thought, the way you are describing everything ,you are the attorney....:happydance:
You are doing a great job at keeping us informed.
Thank You arkansasmimi

Nope not I :floorlaugh: I just like to read and research and then go back over when get new info. I have watched a few live streams and followed couple cases where others helped explain what going on and I bookmarked some stuff. Knowing that some things are done like they are for a reason (filings so forth,to secure the record in case of a conviction then appeal) helps to keep from getting all bent out of shape excited.

Thanks for your compliment. :loveyou:

 

[jstkiddn]

Okay guys...I can't believe that thing is still up on AL's FB page. Am I the only one that thinks it's bizarre his lawyer has allowed it to remain? SURELY he's been informed of it's existence by now...it's been 5 days!

 

[pappa rob]

Okay guys...I can't believe that thing is still up on AL's FB page. Am I the only one that thinks it's bizarre his lawyer has allowed it to remain? SURELY he's been informed of it's existence by now...it's been 5 days!

I don't know maybe his lawyer likes bad *advertiser censored*. I couldn't stomach it.

 

[ConnectZDots]

It is a puzzler why it would go up - and stay up there?! I would conjecture that AL found some arcane little loophole in the law somewhere while scouring lawbooks that he is trying to exploit. Maybe something about conflicting testimony canceling out a case... dunno, or something that might have good odds of resulting in a mistrial? Agreed, we could use a criminal attny here to figure this out! AL doesn't do much of anything that doesn't have an end game benefit for himself ...so I'm inclined to think he is trying something specific for his case by the dueling testimony account of the crime. Because he took an awful lot of time to write all those cheesy *advertiser censored* affidavits. .... not that he doesn't have "time" .... he has plenty of that. But I think there is some underlying method to his madness with this stunt.

 

[becciboo81]

Wait what did I miss? His profile seems to be down now.. And what cheesy *advertiser censored* affidavits??

Sent from my SM-G920V using Tapatalk

 

[jstkiddn]

I still see it.

 

[becciboo81]

Oh I see it now. Not sure why it wasn't pulling up for me earlier. A lot of that sounds fishy. Some of it sounds really plausible. We may never know.. Sad either way.

Sent from my SM-G920V using Tapatalk

 

[arkansasmimi]

Been sick not sure if my clogged up head can even read but both the State Pros and the Def have filed their Briefs that the Judge told them to submit, he gave them 1 week. This was their arguing of the Motions.

11/23/2015
09:17 AM BRIEF FILED JOHNSON, JOHN F
Entry: STATE'S BRIEF
Images WEB
link to States Brief ....https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=6DWNSQVVT0I1VBI70CW0BIEMOKOURX


11/23/2015
02:55 PM BRIEF FILED JAMES JR , WILLIAM OWEN
Entry: Post-Hearing Brief
Images WEB
Link to the Def Brief ....https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=0MRL2XZIGTP2CHD1AWAZ1QUVLBTFZQ

Those are direct links to those Briefs, found at the case info docket page page https://caseinfo.aoc.arkansas.gov/c...=P&case_id=60CR-14-3928&begin_date=&end_date=

 

[jstkiddn]

I read over those briefly last night pretty late, so would like to have a chance to look at them again when I have more time, but one thing that did stand out is that the state's brief states that BC's iPhone was, in fact, found in the CL/AL residence on Randall Drive.

I know the initial reports stated that, but there was something filed later that stated it as found in the car with AL when he wrecked. Apparently it really *was* found at the house. They do mention a phone found on AL's possession after the wreck, but it was the "phone that had been used to communicate with Ms. Carter." I think that's what caused the confusion in someone's statement.

Of course, the brief didn't mention if it was found on CL's dirty underwear. I'm sure that's some story she put out there in an attempt to explain away any of her DNA that may have been found on the phone. Just a hunch. I mean why else would one specifically make a point to make that statement? haha Moot point now.

 

[Nehemiah]

Of course, the brief didn't mention if it was found on CL's dirty underwear. I'm sure that's some story she put out there in an attempt to explain away any of her DNA that may have been found on the phone. Just a hunch. I mean why else would one specifically make a point to make that statement? haha Moot point now.

I think 99.9% of what the VI put out there for Crystal was to "explain away" most of what happened. I thought that at the time she was posting it all, and I'm convinced of it now.

 

[Nehemiah]

Re: Don't you think he had to have seen her without clothes on to know about the scarring from her plastic surgeries.

No, and here's why: he has all the evidence the State has against him. He created an extremely detailed timeline, based on the evidence they have, explaining it all away. I'm sure he added those details so people would think "well how else would he know?". But he will have the autopsy report, as part of evidence. Those are extremely detailed, and they list every scar & mark on a person, as well as almost every surgery performed. They note dental work, plastic surgery, implants, tattoo removal, etc. And an inventory of her clothes would be available to him, so that would be his source for the knowledge of her bra description. He thinks he's clever but he's a damn fool.

He made sure to note every single text, trip to the store, etc. He's explaining the phone pings.

The drawing of the "mask"? Shameful. There was no need for that. He knew it would cause a reaction.

I can't wait to see justice served & him behind bars.


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I believe that this is the most on-target post on this forum. It totally expresses my views and thoughts.

AL has every jot and tittle of every piece of written evidence against him and his evil wife, and he had all the time in the world to fabricate his timeline diary, trying to explain away the horror they induced. He and CL apparently deserved one another.