8. "The right to a fair trial is a fundamental liberty secured by the Fourteenth
Amendment." Estelle v. Williams, 425 U.S. 501 (1976).
9. Prosecutors have long been able to bribe witnesses with reduced sentences,
immunity, and even cash payments in exchange for assisting in prosecutions. See Ullmann v.
United States, 350 U.S. 422 (1956); Kastigar v. United States, 406 U.S. 441 (1972); Hoffa v.
United States, 385 U.S. 293 (1966); Giglio v. United States, 405 U.S. 150 (1972).
10. Defendants have never been able to do any of the aforementioned and will be
prosecuted for additional crimes of witness bribery if they attempt to provide benefits for
testimony. See § A.C.A. 5-53-108.
11. Here, the imbalance has gotten to such an extreme it constitutes a violation of the
right to a fair trial. Not only has the State given Crystal Lowery a plea agreement in exchange
for her assistance in attempting to convict Defendant, but the State has involved this Court in
adopting an agreement that compels her full cooperation with the State and has not permitted the
defense counsel to even speak to her.
12. The State and Crystal Lowery involved this Court in the plea agreement when
they each appeared before this Court and proposed the plea agreement. This Court has the full
authority to rectify this situation and give Defendant a fair trial. See generally United States v.
Carrigan, 804 F.2d 599 (10th Cir. 1986) (discussing the power of the trial court to order
witnesses to speak with defense counsel).
13. Defendant is not requesting to be present when his counsel interviews Crystal
Lowery. Defendant is not requesting this Court to rule that the State is bribing a witness.
Defendant is simply asking this Court to rule that his counsel should have access to Crystal
Lowery because to do otherwise would permit the State to continue to expand its authority to
induce witness testimony and shield the witnesses from being a part of preparation by defense
counsel.
14. Defendant does not have any knowledge that the State is actually interfering with
defense counsel's ability to speak to Lowery; however, the State could easily make Lowery's
cooperation with defense counsel a part of her plea agreement and the State chose not to do so.
WHEREFORE, Defendant, Arron Lewis, respectfully requests this Court order that
Crystal Lowery speak with defense counsel. If Lowery refuses, then this Court should prevent
her from testifying
Respectfully submitted,
/s/ William O. “Bill” James, Jr.
https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=DERUZCMZ5Q64O4Q4QSE8RQC5HJ1P5I