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

[arkansasmimi]

There has not been an Order to Transfer AL for tomorrow hearing. The Motion to Appear and Show Cause doesn't mention AL being there. Maybe the fax the Prison? Cant believe they won't bring him up as they have for all the others. JMHO

 

[arkansasmimi]

There has not been an Order to Transfer AL for tomorrow hearing. The Motion to Appear and Show Cause doesn't mention AL being there. Maybe the fax the Prison? Cant believe they won't bring him up as they have for all the others. JMHO

Thought it was odd that there hadnt been a transport order. Looks like they filed it late tonight. Also 2 more new Motions...

01/04/2016
02:40 PM ORDER TRANSPORT DETAINEE LEWIS, AARON M
Entry: none.
Images No Images

01/04/2016
03:03 PM MOTION OTHER
Entry: TO COMPEL CRYSTAL LOWERY TO SPEAK WITH DEFENSE COUNSEL
Images WEB

01/04/2016
03:47 PM NOTICE - OTHER JAMES JR , WILLIAM OWEN
Entry: Supplemental Notice of Defense
Images WEBhttps://caseinfo.aoc.arkansas.gov/cconnect/PROD/public/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=60CR-14-3928&begin_date=&end_date=

 

[arkansasmimi]

NEW

STATE OF ARKANSAS PLAINTIFF
VS. NO. CR 14-3928
ARRON LEWIS DEFENDANT
SUPPLEMENTAL NOTICE OF DEFENSE
COMES now the Defendant, Arron Lewis, by and through counsel, the James Law Firm,
and for his supplemental notice of defense states and alleges as follows:
1. Defendant is charged with capital felony murder.
2. Defendant has previously provided notice of the defense of general denial and the
affirmative defense as provided in A.C.A. 5-10-101(b).
3. In addition, should this Court allow lesser-included instructions, Defendant also provides
notice of the affirmative defenses in A.C.A. 5-10-102(b) and A.C.A. 5-10-104(b).
Respectfully submitted,
/s/ William O. “Bill” James, Jr https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=E8JFOI9KY62LZPF16PHB3TJVFB5575

 

[arkansasmimi]

I was right, CL does still have her Public Defender. He Filed this Motion in Response to AL Def Motion to Compel:
Filed Jan 4, 2015

STATE OF ARKANSAS PLAINTIFF
V. CR 2014-3928
ARRON LEWIS DEFENDANT
RESPONSE TO MOTION TO COMPEL CRYSTAL LOWERY
TO SPEAK WITH DEFENSE COUNSEL
Comes now, co-defendant, Crystal Lowery, by and through counsel, Bret Qualls and Lott
Rolfe, and for her Response to Motion to Compel her to speak with Defense Counsel, states the
following:
1. Crystal Lowery was charged, as an accomplice, with Capital Murder in the death
of Beverly Carter. Arron Lewis is her co-defendant.
2. Crystal Lowery entered into a negotiated agreement with the State of Arkansas
where she received a thirty (30) year sentence on a reduced charge of First Degree Murder. A
condition of her negotiated plea was that she provide truthful testimony at Arron Lewis’s
trial.
3. Defendant Lewis has filed a motion with this Court titled, “Motion to Compel
Crystal Lowery to Speak with Defense Counsel.”
4. Attorneys for Crystal Lowery have discussed opposing counsel’s request with her
at length.
5. After consultation with her attorneys, and after seeing that there appears to be no
legal authority requiring her to do so, Crystal Lowery has decided to make herself
unavailable to opposing defense counsel prior to taking the witness stand at trial.
6. This Court should deny Defendant Lewis’s request that Crystal Lowery be
compelled to answer questions put to her by Defendant Lewis’s counsel. This Court should

 

[arkansasmimi]

deny Defendant Lewis’s request for two reasons. First, Defendant Lewis’s request lacks any
specification of material information that defense counsel intends to gain from Ms. Lowery
that has not already been provided to the defense by pretrial discovery. Second, Defendant
Lewis has no right, as a matter of law, to force Ms. Lowery to answer questions put to her by
defense counsel in a pretrial interview. Defense counsel has a right, as a matter of law, so to
speak, to knock on Ms. Lowery’s front door and ask, through the door, if she will speak with
him. Defense counsel does not have a right, as a matter of law, to push Ms. Lowery’s front
door open, force his way inside her home and force her to submit to an interrogation.
7. Defendant Lewis’s request to have this Court force Ms. Lowery to submit to an
interrogation by his counsel is lacking in specification of the materiality of the information
that defense counsel hopes to obtain from Ms. Lowery. A trial judge may order discovery in
a criminal case as a matter of discretion if the defendant makes a showing of “materiality to
the preparation of the defense.” Ark. R. Crim.P. 17.4(a). The discretionary discovery
provided for in Rule 17.4(a) does not create a right for a defendant to depose a witness in a
criminal case. Instead, Rule 17.4(a) gives a trial judge authority to require the State to
disclose material information not produced under the rules of discovery. Caldwell v. State,
319 Ark. 243, 247-48, 891 S.W.2d 42(1995). That Defendant Lewis’s request to interview
Ms. Lowery is lacking in specification of the materiality of the information that defense
counsel hopes to obtain from Ms. Lowery and has been filed just days before Defendant
Lewis’s trial is to begin suggests that the request is a delaying tactic.
8. Defendants in criminal cases have no due process right to discovery, Weatherford
v. Bursey, 429 U.S. 545, 559 (1977); Hoggard v. State, 277 Ark. 117, 121, 640 S.W.2d 102
(1982). Arkansas trial courts have no inherent authority to order discovery in criminal cases.

 

[arkansasmimi]

Russell v. State, 269 Ark. 44, 46-47, 598 S.W.2d (1980); Kelley v. State, 7 Ark. App. 130,
133, 644 S.W.2d 638 (1983). The Arkansas Supreme Court has held that defendants in
criminal cases have no right to conduct discovery depositions. McDole v. State, 339 Ark.
391, 399-400, 6 S.W.3d 74 (1999); Spencer v. State, 285 Ark. 339, 339-40, 686 S.W.2d 436
(1985); Sanders v. State, 276 Ark. 342, 344-45, 635 S.W.2d 222 (1982). Pursuant to Ark.
Code Ann.§16-44-201(a), a defendant in a criminal case may depose a material witness in
order to preserve the witness’s testimony for trial. This statute does not create a right to
depose witnesses for trial preparation. Bailey v. State, 227 Ark. 889, 892-93, 302 S.W.2d 796
(1957)
WHEREFORE, Defendant, Crystal Lowery, respectfully requests this Court order that the
Motion to Compel be denied and for all other relief that she may be entitled to under the law.
Respectfully Submitted,
//S:// Bret Qualls
Bret Qualls and Lott Rolfe
Pulaski County Public Defender

 

[arkansasmimi]

:thinking: :underbus: :judge: :slapfight: Its on! :silly:

 

[arkansasmimi]

So is this a strategic move by CL Public Defender? If Judge rules as AL Lawyer said if she cant be deposed then she cant testify? "IT wouldn't be her fault" if the Judge wouldn't let her testify. We don't know what evidence they have on CL. So much has been thrown out on AL...

JMHO, I thought she would have to do a depo. I mean Honestly how does the Def know what to ask or what the answers will be. Makes me go back to my thoughts up thread of what Mark O'Mara did when Judge ruled against ordering Crump to a Depo. Guess we will know more tomorrow.

Like someone said elsewhere CL may be better off going to trial herself now. We dont know what evidence they had against her. JMHO. What a mess.

 

[arkansasmimi]

I bet the State Pros wishes he had just gotten AL a pencil to use back in May when AL went to the PCSO to look at evidence. If so he may not have been dealing with Attorney Bill James now. AL would most likely be still ProSe and they may have still had all that now Suppressed Evidence.

Like that ole Jerry Reed song ♫♫ she got the goldmine I got the shaft....why didnt I just learn to cook ♫♫

Reading thru Pros John F Johnsons responses in the Civil case. Then going to bed. :lookingitup: fftobed:

 

[arkansasmimi]

Welp looks like today was a huge filing day to begin the New Year.

This is the Case where Reserve Deputy Gary Seibel allegedly beat up AL in bathroom and another LEO Jackson Bennett took off the immobilizer from AL arm. Judge ruled that could proceed with the Excessive Force complaint. AL has been provided with a Public Defender in that case due to case was stagnant. This is in their Personal Capacity.
U.S. District Court
Eastern District of Arkansas (Little Rock)
CIVIL DOCKET FOR CASE #: 4:14-cv-00673-BRW-JWC


Lewis v. Holladay et al
Assigned to: Judge Billy Roy Wilson
Referred to: Magistrate Judge Jerry W. Cavaneau
Cause: 42:1983 Prisoner Civil Rights
Date Filed: 11/20/2014
Jury Demand: Both
Nature of Suit: 555 Prison Condition: Civil Rights
Jurisdiction: Federal Question
Trial Date: 04/19/2016

Date Filed # Docket Text
12/02/2015 136 NOTICE of Appearance by Chet D. Dunlap on behalf of Arron Michael Lewis. (jak) (Entered: 12/02/2015)
01/04/2016 137 FINAL SCHEDULING ORDER: Jury Trial set for 4/19/2016 at 9:30 AM in Little Rock Courtroom # 1A before Judge Billy Roy Wilson. Discovery due by 1/20/2016. Motions due by 2/4/2016. Pretrial Disclosure Sheet due by 3/21/2016. Entered at the direction of the Court on 1/4/16. (mmb) (Entered: 01/04/2016)

 

[KayKay.85]

[video=twitter;684392143717175296]https://twitter.com/THV11/status/684392143717175296[/video]
Happening now: Judge expected to make ruling on evidence in Arron Lewis trial. https://t.co/2mwcvZ5McG

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[KayKay.85]

Judge in Arron Lewis murder trial denies prosecution request to reconsider evidence found in car that the judge had thrown out #ARnews
[video=twitter;684433677275820032]https://twitter.com/GregYarbrough/status/684433677275820032[/video]

Grrrrrrrrrr!!!!!! [emoji35] [emoji35] [emoji35]

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[KayKay.85]

Judge in Arron Lewis hearing rules evidence found in car admissible, motion for items found in trunk has been denied. #THV11
[video=twitter;684438553808355328]https://twitter.com/MarlisaTHV/status/684438553808355328[/video]

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[KayKay.85]

http://www.thv11.com/story/news/cri...298840/?utm_source=dlvr.it&utm_medium=twitter

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[KayKay.85]

http://www.arkansasmatters.com/news...-no-to-trunk-evidence-in-realtor-murder-trial

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[jstkiddn]

So, thinking back to what was in the trunk....duct tape, hair, baseball bat. What else?

 

[arkansasmimi]

So, thinking back to what was in the trunk....duct tape, hair, baseball bat. What else?

BAT was in passenger compartment not trunk. 2 pieces of duct tape 1 hair confirmed BC was in trunk. let me finish eating and give update.

 

[arkansasmimi]

AL was brought into the courtroom at 11:20 am. NOT 9 am. Other cases were heard first as prior and then the State and AL Def talked. He was in back in holding cell but he didnt come into courtroom until his case called. :banghead: SMH. *his hair is shaved on sides and underneath, odd maybe he keeps it pulled up in a ponytail? No glasses since first time I went to Hearing June 1.

Judge makes ruling on evidence in Arron Lewis trial
THV11 Staff, news source 1:37 p.m. CST January 5, 2016

The man suspected in the death of Beverly Carter entered the court of Judge Herbert T. Wright around 9 a.m. Tuesday. Wright ruled that the evidence found in the cab of Arron Lewis' car is admissible, and the motion for items found in the trunk is denied.
http://www.thv11.com/story/news/cri...298840/?utm_source=dlvr.it&utm_medium=twitter

 

[arkansasmimi]

Stated hearing AL stuff at 1125ish, she was brought in at 1120am.

State said they have 60 Exhibits and that the Def had only objected to 6 of those.

#12 which is screen shot of how Beverly Carters Crye Leike online page looked the day she was reported missing.

Lee Short, CoDefense : is advertisement has no connections to AL or that AL saw it

John Johnson State Pros: argued that it was in the public domain online page and it showed how much in sales she had made, that she was a Broker. Stated that as he was leaving from the CID at PCSO he responded when asked, that she was a rich broker

Lee Short: No connection or proof that AL saw that page

John Johnson: CL says that AL got online and researched BC and will testify to that.

Lee Short: unsure what she will testify to as havent had chance to speak with her.

RULING: At this time will not be admitted, but can revisit if CL testifies about it.
jmho

 

[arkansasmimi]

States Exhibits #15, 16, & #40 Def objected to:

Deputy Pros Barbara Mariani argued these for the State:

#15, TEXT ME Records, the Def had orig objected but withdrew their objection. It was also stated about the 5 hour time difference time zone.

#16 Email from account AL known to use.

Lee Short: No proof that AL actually sent the email. Doesnt authenticate. No identifiable information, not authenication was in fact AL who sent, "in this day and time people can log on to others twitter or facebook accounts as them but not actually be them" <<<<
***Hmm is that why the stuff is on AL fb ??? :thinking:

Barbara Mariani: Rule 901 B 1, addresses and allows testimony from someone who knows about it. CL is going to testify about it

Inv Michael Hendrix will testify that he examined BC work computer and on 9/24/2014 (Wednesday) at 1740 (540pm) "Steven Adams sent her an email. In the body of the email requested listings (or spoke of listings, hard to understand because of kinda talking in code)

Inv Michael Hendrix got a subpoena from Google Records. Email had ATT IP address and users IP address and the IP sending belonged to Crystal Lowery 165 Randall Rd Jacksonville.

Pros Mariani said that the wireless was a closed system meaning that only the household could use without a pin number.

CL will testify that she and AL planned to pose as a couple looking for a house and AL made contact.

Ruling Admitted in