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

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becciboo81 said:
He looks awfully smug on that picture. Really irks me. And this business of being a mental defect, so what, he probably is. I don't get why that gives them a pass to commit murder. They do the crime you should pay the price like any "normal" person that commits murder. I say that with irony because anyone that can kill someone intentionally or through gross negligence is defective.

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Thats the same word I thought!!! Smug!!! And it just hit me this morning--- there is no way that they can go to trial saying he didnt do it. There is too much evidence and another person who was there and saying that he did it. He did it, 100%. SO- the only fighting chance they have is to go for insanity. He is already diagnosed with Antisocial Personality Disorder. This dude is no doubt whackadoodle. BUT, that doesnt mean he isnt culpable for his behaviors and crimes. There are people way crazier that do not get found not guilty by reason of mental defect--- the movie theater shooter being one. They are not taking it off the table because it is the only chance they have. I feel confident that it wont work. I would actually rather them admit to the guilt and try to get off on insanity rather than just say he didnt do it and go that route. To me, it all feels like they feel the squeeze. The walls are closing in on them and there is very little breathing room. This is just my opinion of what is happening.
 
Has the friend (forgot her name-something about justice) that supported CL been back on lately?
 
LITTLE ROCK, Ark. (KTHV) – The man accused of killing real estate agent Beverly Carter appeared in court Monday morning.

THV11’s Phil Buck was at the court house during Arron Lewis’ appearance in court. He said Lewis’ defense was granted a continuance, and they maintain their “not guilty” plea.

Lewis’ will appear in court again November 16. He is charged with capital murder in addition to robbery and four charges of possession of firearms by certain persons.

Carter’s body was found in a shallow grave on near Argos Concrete Co. in Cabot September 2014. Both Lewis and his estranged wife, Crystal Lowery have been arrested and charged in connection with her death.
http://www.thv11.com/story/news/cri...killing-realtor-granted-continuance/73374736/

Probably have the video after the 5pm news jmho
 
mpnola said:
Thats the same word I thought!!! Smug!!! And it just hit me this morning--- there is no way that they can go to trial saying he didnt do it. There is too much evidence and another person who was there and saying that he did it. He did it, 100%. SO- the only fighting chance they have is to go for insanity. He is already diagnosed with Antisocial Personality Disorder. This dude is no doubt whackadoodle. BUT, that doesnt mean he isnt culpable for his behaviors and crimes. There are people way crazier that do not get found not guilty by reason of mental defect--- the movie theater shooter being one. They are not taking it off the table because it is the only chance they have. I feel confident that it wont work. I would actually rather them admit to the guilt and try to get off on insanity rather than just say he didnt do it and go that route. To me, it all feels like they feel the squeeze. The walls are closing in on them and there is very little breathing room. This is just my opinion of what is happening.
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Not trying to be smarty pants, but I haven't seen the evidence so I can't say what they have or don't. I can speculate what they might have but nothing more.

As far as CL testimony, depends on the evidence to back up what she may say. Just because she says it, I in no way personally believe her. Again I don't know what she is going to testify to but she already plead guilty. She has nothing to loose unless she doesn't testify truthfully. He was in a daze, so jmho he was medicated.
 
He said he did it himself. And even his not guilty plea says he did it. Not guilty by mental defect means yes, he killed her or was enough part of it to be charged with murder, but he is crazy.

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I wonder if his daze was a "look how crazy I am" act? Just thinking out loud.
 
becciboo81 said:
He said he did it himself. And even his not guilty plea says he did it. Not guilty by mental defect means yes, he killed her or was enough part of it to be charged with murder, but he is crazy.

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That's why I am curious about. If they are going to say Temp insanity? Also in one of those motions, where it asks for Clarification on CL charges.
Defendant seeks clarification as to the whether the murder in the first degree was
felony murder in the first degree or purposeful murder in the first degree. https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=UI70SV2ANQEJ8QMCFDDC60AWRXINH7
Click to expand...

If I understood what I was reading, I THINK these are the lesser charges under Capital Murder. (like if the jury said ng on CP, the next lesser charge is *advertiser censored*)

Also #19 Motion to Dismiss (I realize this stuff is procedural but we even discussed how the charges were written) How this motion is written .. in part:

1. The State charged Defendant with one count of capital felony murder with the
underlying felony of kidnapping, as well as kidnapping and possession of firearms by certain
persons.

2. Under the State's theory, kidnapping is an improper underlying felony for the
capital murder charge.

3. The State's theory on the kidnapping is that Beverly Carter was taken for ransom
or reward.

4. The State's theory from the file appears to be that Defendant kidnapped Beverly
Carter and then killed her.

5. To prove felony capital murder, the State would be prevented from demonstrating
that the kidnapping was in furtherance of the homicide; rather, the State would have to prove
homicide somehow furthered the kidnapping, which is illogical with the current set of facts. It
seems absolutely illogical to suggest that one would kill someone to gain a ransom or reward

https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=AKVW7SAAE8USBQIHL0UHCV9AT2WU64
 
arkansasmimi said:
Not trying to be smarty pants, but I haven't seen the evidence so I can't say what they have or don't. I can speculate what they might have but nothing more.

As far as CL testimony, depends on the evidence to back up what she may say. Just because she says it, I in no way personally believe her. Again I don't know what she is going to testify to but she already plead guilty. She has nothing to loose unless she doesn't testify truthfully. He was in a daze, so jmho he was medicated.
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Well we have all heard bits and pieces of evidence through media and court filings and AL admitted his guilt.
If CLs testimony lines up with evidence, then yes I would tend to believe her when she testifies.
I would hope there is not a juror sitting that is so blinded by the word of the messed up loopholes in the system that he doesn't see what's common sense guilty.
 
When they asked why Beverly and he answered and when he admitted to being with her on the news interview he admitted his guilt.
 
SavvyRose said:
When they asked why Beverly and he answered and when he admitted to being with her on the news interview he admitted his guilt.
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Furthermore, when they asked why Beverly he said "Because she was a rich broker who worked alone". I dont think he meant that is why he was so sweet to her and made sure she got home safely.
 
I saw a news report on Channel 4 tonight. AL seemed to be smiling at the camera. I'd bet he's got several girlfriends writing to him in prison. Happens all the time. Also, they interviewed Carl Sr. I'll add the link if it shows up online.
 
http://m.arkansasonline.com/news/2015/oct/06/plea-to-be-insanity-in-realtor-s-murder/

Accused killer Arron Michael Lewis will mount an insanity defense, despite state doctors twice finding him mentally sound, his lawyer Bill James announced in court Monday.

Lewis' wife, Crystal Hope Lowery, pleaded guilty to first-degree murder for her role in Carter's death and accepted a 30-year prison sentence in July with the promise to testify against Lewis.
Lowery helped plan the kidnapping of Carter and helped dispose of her body after Lewis killed her, prosecutors state in court filings.

So, his psych evals say he is competent, but he is going to go for insanity. First of all- I guess that means he is admitting to kidnapping and killing her. Otherwise, you can't be not guilty only because you are insane. You would just be not guilty cause you didn't do it, right? So, to me, this says the evidence is overwhelming, no way he can worm his way out of it. So, now he has admitted to kidnapping and killing her and has to try to say that he didn't know what he was doing?

This will never fly, in my opinion. After working with adults with serious mental health issues for 16 years, that's not what "insanity" looks like. He looks like a con artist, full of mental health issues who likes to control and manipulate and get something for nothing. Then, he takes pleasure in seeing how much of his bad behavior he can talk his way out of.

Quick story-- there was a person here who a police woman saw acting erratically. She walked up to him and asked if he needed help. He grabbed her gun and shot her. He then waited there with the gun pointed at her for the police to arrive. He told them to hurry that he got the (bad guy, demon, devil- I dont remember what he thought she was). They cuffed him and took him. THAT has a chance of not guilty by reason of mental defect/ insanity. He didnt run. He didnt hide. He had no idea he did something wrong! He actually thought he did something good. Arron shows none of those qualities. He is evil beyond evil and takes lots of pleasure in victimizing people. He will continue to victimize her and her family for as long as he has a microphone. I, for one, will be happy when his microphone is taken away and his public charades are no longer. He doesn't deserve the attention he loves.
 
Hoping that Media will FOIA the 2nd Mental Exam as they did the first..and share

10/05/2015
12:41 PM COURT APPEARANCE LEWIS, AARON M
Entry: DEF APP'D W/ ATTY DEF FIT TO PROCEED DEFENSE MOTION TO CONT GRANTED OH 11-16-15 8:30
Images No Images

10/05/2015
12:43 PM NOTICE APPEAR AND SHOW CAUSE
Entry: OH 11/16/15 @ 8:30
Images WEB

10/06/2015
08:59 AM SUBPOENA RETURN BY PROSECUTOR
Entry: CARL CARTER, 1-12-14-16, JT @ 8:30 AM
Images No Images

10/06/2015
11:04 AM ORDER OTHER
Entry: REGARDING REQUESTS & MOTIONS *Granted #9,10,24,25,26,27 & 28 others req testimony & will be heard Nov 16
Images WEB

10/08/2015
10:28 AM REPORT STATE HOSPITAL
Entry: none.
Images No Images
https://caseinfo.aoc.arkansas.gov/c...=P&case_id=60CR-14-3928&begin_date=&end_date=
 
Checked Pacer on AL Fed suits...

Case against Tucker Max (mail) was Dismissed (he is at Varner now) and AL has appealed that case.

Case against Pul County Sheriff Office:

Case 4:14-cv-00673-BRW-JWC Document 128 Filed 09/17/15 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ARRON MICHAEL LEWIS PLAINTIFF
ADC #151373
VS. 4:14-CV-00673-BRW-JWC
CHARLES HOLLADAY, et al. DEFENDANTS
ORDER

I have reviewed the Proposed Findings and Partial Recommended Disposition submitted
by United States Magistrate Judge Jerry W. Cavaneau, and the objections filed. After carefully
considering the objections and making a de novo review of the record in this case, I adopt as my
findings in all respects the Proposed Findings and Partial Recommended Disposition in their
entirety.

Accordingly, Plaintiff’s motion for summary judgment (Doc. No. 73) is DENIED; the
motion for summary judgment filed by Defendants (Doc. No. 102) is GRANTED in part and
DENIED in part; Plaintiff’s official-capacity claims against are DISMISSED WITH
PREJUDICE, and Plaintiff’s individual-capacity claims against Defendants Holladay, Speer,
Hazel, Lowe, Allison, Evans, Mitchell, and Stowe are DISMISSED WITH PREJUDICE.

Plaintiff may proceed with his excessive-force claims against only Defendants Bennett
and Seibel in their individual capacities.

IT IS SO ORDERED this 17th day of September, 2015.

/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

*Defendant
Jackson Bennett
Lieutenant, Pulaski County Deputy (originally named as Bennett)

*Defendant
Gary Seibel
Detective (originally named as John Doe, then Gary Sibel)
 
Reminded me of a tweet Kay Kay posted while back. Actually was June 1,

Shannon Miller ‏@_ShannonMiller Jun 1 Little Rock, AR
Tonight at 5:30 on @FOX16News: More on this letter I just got from Arron Lewis and his court appearance today.
[video=twitter;605495696456716288]https://twitter.com/_ShannonMiller/status/605495696456716288[/video]

Where he says he has no gag order and his Statement of Facts has over 100 exhibits in the case (ref to the case against PCSO)
 
Going thru the various Motions and trying to understand what they are saying...
JMHO on #18,

MOTION TO CORRECT OR QUASH THE FELONY INFORMATION
COMES NOW, the Defendant, Aaron Lewis, by and through counsel, the James Law
Firm, and for the Defendant’s motion to correct or quash the felony information, states:
1. Defendant is charged with capital felony murder.
2. The capital felony murder statute requires that the offense be committed "under
circumstances manifesting extreme indifference to the value of human life."
3. Felony information is routinely read to jurors prior the beginning of the case and the
defense does not want the jurors to be under the impression throughout the trial that the
aforementioned is not an element of the offense. To correct this, Defendant would request that
this Court order the amending of the felony information to conform with the requirement of the
law.
WHEREFORE, the Defendant moves this Court to require the State to amend the felony
information or quash the information.
https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=X5UN2RTW5F9TQ2QHCDQ81D21MQ63EV

JMHO, just reading, it appears the bolded that they want added to the Felony Information (Charge). That appears to me that was left out and they want it included as thats what the Statue says?

5-10-101. Capital murder.

(a) A person commits capital murder if: (1) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit:
(iii) Kidnapping, 5-11-102
B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of a person under circumstances manifesting extreme indifference to the value of human life;
http://law.justia.com/codes/arkansas/2010/title-5/subtitle-2/chapter-10/5-10-101

Link to Felony Information on charges https://localtvkfsm.files.wordpress.com/2014/11/lewis-and-lowery-felony-charges.pdf

**JMHO so I may be wrong.
 
And while reading 5-10-101. Capital murder.

Saw where #23 may be talking about.

NOTICE OF INTENT TO RAISE AFFIRMATIVE DEFENSE
COMES now the Defendant, Aaron Lewis, by and through counsel, the James Law Firm,
and for his Notice of Intent to Raise Affirmative Defense states and alleges as follows:
1. Defendant is charged with capital felony murder.
2. Defendant does intend to raise the affirmative defense as provided in A.C.A. 5-10-101(b)
as a defense to the above-referenced charge in addition to general denial.
https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=JU6PN44SZ77F1ZRA1C3FDMI5E19ZDK


(B) It is an affirmative defense to any prosecution under this subdivision (a)(9) arising from the failure of the parent, guardian, or person standing in loco parentis to provide specified medical or surgical treatment, that the parent, guardian, or person standing in loco parentis relied solely on spiritual treatment through prayer in accordance with the tenets and practices of an established church or religious denomination of which he or she is a member;
http://law.justia.com/codes/arkansas/2010/title-5/subtitle-2/chapter-10/5-10-101

**again JMHO from reading and I may be wrong. (saw affirmative defense so again I may be way off)
 
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