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

[KayKay.85]

#beverlycarter's son and daughter in law speak with me about trial week. More on @KARK4News at 6 #ARnews

 

[concernedmother]

I usually stop following cases once the perp(S) have been arrested but this case makes me nervous too since he has gotten alot of evidence thrown out. All I really want to hear about this case is a guilty.

 

[KayKay.85]

https://m.facebook.com/story.php?story_fbid=10153953616949113&id=62408869112

KARK4

 

[KayKay.85]

http://wn.com/Beverly_Carter

 

[KayKay.85]

http://www.arkansasmatters.com/video?videoId=323372680

CARTER FAMILY SPEAKS OUT ABOUT TRIAL.
Latest video.
Grab the tissues!!!

 

[arkansasmimi]

Looks like this thread was simply moved to "Trials". I went to awaiting trail and it was gone, but looked around and found it here.

Yes I had alerted my post and KateB responded in pm saying that she moved it, it should appear on front page in morning and when the comments reach 1000 she said a new thread will start. She said Coldpizza specialty is Trial thread. KateB has day job but will join us after and checking in. We have Great Mods and they are appreciated!!!

 

[arkansasmimi]

I'm not sure what changed. However, they need to change it again because amended is not spelled "amamended"!

It does say change count 1. I'm guessing that is violation 1, capital murder?

This is what I was saying awhile back, the way the Pros originally wrote the " information" they left out some of the statute wording. Def filed Motion to have it amended, as this is read to the jury. I am on my tablet and don't have copy paste down yet, but if you go back a few pages to a post between NWLady and I that is what I was trying to explain. That jmho is what that notation on docket is about. Jmho.

01/11/2016
08:38 AM AMENDED CRIMINAL INFORMATION
Entry: CHANGE COUNT 1 OFFENSE(THE WORDING CHANGED)

 

[KayKay.85]

What was amended and what was wrong in the first wording?

Sent from my SAMSUNG-SGH-I317 using Tapatalk

 

[arkansasmimi]

What was amended and what was wrong in the first wording?

Sent from my SAMSUNG-SGH-I317 using Tapatalk

I will try lol to see if I can copy paste right to explain bare with me or is it bear with me lmao

#226 post of mine
JMHO, this is where Affirmative Defense comes in... # 18. MOTION TO CORRECT OR QUASH THE FELONY INFORMATION https://contexte.aoc.arkansas.gov/im...CDQ81D21MQ63EV
12/11 GRANTED WILL AMEND FELONY INFORMATION

The information -which is read to the jury, the charge, orig left out part of the Statute. The part left out was A.C.A. 5-10-101(b). It was discussed prior up thread.
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;


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/im...CDQ81D21MQ63EV

In the Judges Order, he stated the State will correct that
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' https://contexte.aoc.arkansas.gov/im...K4QX4T3NOPNQ29

Felony Information
Count 1 https://localtvkfsm.files.wordpress....ny-charges.pdf

Larry Jegley, Prosecuting Attorney of the Sixth Judicial District of Arkansas, in the name, by the authouity, and on the behalf of the State of Arkansas, charges, AARON M LEWIS AND CRYSTAL HOPE LOWERY with the crime of violating ACA 5-10-101 CAPITAL MURDER committed as follows, to wit. The said defendant(s), in Pulaski County, on or about September 25, 2014 through September 26, 2014, acting alone or with one or more other persons, he committed or attempted to commit a felony, to-wit: Kidnapping, and in the course of and in the furtherance of the felony, or in immediate flight therefrom, he or an accomplice caused the death of Beverly Carter, under circumstances manifesting extreme indifference to the value of human life against the peace and dignity of the State of Arkansas.

*added part prev left out, but unsure if I added it in the right place, thinking I did. under circumstances manifesting extreme indifference to the value of human life

 

[mpnola]

http://wn.com/Beverly_Carter

I forgot all about this clip. Thank you for posting. This guy has Arron, his arrogance, his lack of smarts and sophistication nailed. He is a victim blamer who feels entitled. For as far as the eye can see.

 

[arkansasmimi]

I will try lol to see if I can copy paste right to explain bare with me or is it bear with me lmao

#226 post of mine
JMHO, this is where Affirmative Defense comes in... # 18. MOTION TO CORRECT OR QUASH THE FELONY INFORMATION https://contexte.aoc.arkansas.gov/im...CDQ81D21MQ63EV
12/11 GRANTED WILL AMEND FELONY INFORMATION

The information -which is read to the jury, the charge, orig left out part of the Statute. The part left out was A.C.A. 5-10-101(b). It was discussed prior up thread.
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;


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/im...CDQ81D21MQ63EV

In the Judges Order, he stated the State will correct that
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' https://contexte.aoc.arkansas.gov/im...K4QX4T3NOPNQ29

Felony Information
Count 1 https://localtvkfsm.files.wordpress....ny-charges.pdf

Larry Jegley, Prosecuting Attorney of the Sixth Judicial District of Arkansas, in the name, by the authouity, and on the behalf of the State of Arkansas, charges, AARON M LEWIS AND CRYSTAL HOPE LOWERY with the crime of violating ACA 5-10-101 CAPITAL MURDER committed as follows, to wit. The said defendant(s), in Pulaski County, on or about September 25, 2014 through September 26, 2014, acting alone or with one or more other persons, he committed or attempted to commit a felony, to-wit: Kidnapping, and in the course of and in the furtherance of the felony, or in immediate flight therefrom, he or an accomplice caused the death of Beverly Carter, under circumstances manifesting extreme indifference to the value of human life against the peace and dignity of the State of Arkansas.

*added part prev left out, but unsure if I added it in the right place, thinking I did. under circumstances manifesting extreme indifference to the value of human life

There was disagreement with my thinking earlier so who knows I could be wrong and he/she right but I just going but what I reading and my interruption. Jmho

 

[KayKay.85]

I am trying to comprehend all of that post above. Sorry, I cant decipher which is arkansasmimi's wording and which are from actual court docs. Could someone please show me the actual court docs/images before and after changes of the wording of count 1? I can't download the docs on my phone.
TIA

 

[NWLady]

https://localtvkfsm.files.wordpress.com/2014/11/lewis-and-lowery-felony-charges.pdf

....on behalf of the State of Arkansas, charges Aaron M Lewis and Crystal Hope Lowery with the crime of violating ACA 5-10-101 CAPITAL MURDER committed as follows, to wit. The said defendant(s), in Pulaski County, on or about September 25, 2014 through September 26, 2014, acting alone or with one or more other persons, he committed or attempted to commit a felony, to-wit: Kidnapping, and in the course of and in the furtherance of the felony, or in immediate flight therefrom, he or an accomplice caused the death of Beverly Carter, against the peace and dignity of the State of Arkansas.

http://law.justia.com/codes/arkansas/2010/title-5/subtitle-2/chapter-10/5-10-101

2010 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 2 - Offenses Against The Person
Chapter 10 - Homicide
§ 5-10-101 - Capital murder.

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:


(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;

(2) Acting alone or with one (1) or more other persons:

Bringing my own post forward.

 

[arkansasmimi]

Bringing my own post forward.

This one is what they had to amend to add per the judges order.

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' https://contexte.aoc.arkansas.gov/im...K4QX4T3NOPNQ29


The words in quotation marks were left out of the original information. They did not write the whole statute when orig filed/charged on him. I provided link to order.

 

[NWLady]

RSBM,
Unsure about the discussion of both AL and CL, it is undisputed that they are/were both orig charged with the same exact charges (Cap Murder/Kidnapping, as equally responsible)

Just adding this to show that the following documents/orders reflect that the Original Information (what they call the document with Formal charges ) The State left out some of the Statue wording and in one of the Motions from the Def JMHO and bringing forth that that language in the orig has now been amended to add the rest of the Statute.
Per the State this is the charges https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=0GYX6X9BMET66SAZCAA6K9FLFVIXSH
Which should now read: jmho

§ 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;

Again, just bringing forth the amends to the original document. JMHO

I think this post above explains what arkansasmimi is talking about has changed now. If not, I stand corrected. Just trying to help us make sense of it all.

 

[arkansasmimi]

I too am confused - so was it just amended today or had it already been amended as of the date of this post (December 12, 2015)?? Thanks in advance.

The judge ordered it this jmho is formality. If it is anything else we have no clue.

In other cases I have watched live stream you see the judge and lawyers go over the exact wording that will be read by the judge to the jury and lesser charges should they need to go to next lesser charge. They have to fully agree or fully disagree on first charge (main) or they can not move forward to next. Full agreement or mistrial if can't get all to agree. Jmho

 

[arkansasmimi]

I am trying to comprehend all of that post above. Sorry, I cant decipher which is arkansasmimi's wording and which are from actual court docs. Could someone please show me the actual court docs/images before and after changes of the wording of count 1? I can't download the docs on my phone.
TIA

Again sorry I on new tablet and still learning how to use. Maybe can go back to my orig post.

 

[mpnola]

I am following the Hannah Graham trial that started today. I find a couple of things very interesting, in the parallel to Beverly's case.

1. It is very standard operating procedure to claim that a warrant is illegal. This is the norm and Arron's attorney hasnt done anything spectacular. yet.

Neal AugensteinVerified account @AugensteinWTOP 2m2 minutes ago
Lawyer for #JesseMatthew says police misrepresented and omitted items in application for search warrant.

Kerri O'BrienVerified account @Kerri8News 2m2 minutes ago
RT @kristin8news: #jessematthew hearing. Judge considering whether to hear evidence about lack of probable cause to get a warrant.

Kristin Smith @kristin8news 3m3 minutes ago Charlottesville, VA
That search warrant was for #jessematthew's apartment. His attorney says police didn't have enough evidence to merit the warrant.

2. It is clear that the law isn't black and white, where warrants are concerned. This easily could have (and in my opinion, should have) been the ruling of the warrants in Beverly's case.

Neal Augenstein ‏@AugensteinWTOP
In ruling against defense judge said not every detail in search warrant had to be right: "They were attempting to find #HannahGraham alive."

So, I go back to my original thought--- what makes one judge's opinion and more valuable and powerful than another. This seems like such a major crack in the system! The original judge should be consulted why an original warrant was approved. If it was because they were deceived by law enforcement or something of that nature, I understand throwing it out. Otherwise, another judge's order should not be so easily disregarded. It is unfair to the police who obtain a legal warrant to then find out, once all of their evidence is now thrown out, that it means nothing.

Edited to add--- and really, it is most unfair to the victim (or their families) who are trying to get fair punishment imposed.

 

[arkansasmimi]

I think this post above explains what arkansasmimi is talking about has changed now. If not, I stand corrected. Just trying to help us make sense of it all.

Yes!!!! If you look at the orig doc that has the Capital Murder then the kidnapping then the guns charge that is listed with link. And look at the statute all the wording is not on the orig! They amended to add ALL the wording of the statute.

 

[arkansasmimi]

I think this post above explains what arkansasmimi is talking about has changed now. If not, I stand corrected. Just trying to help us make sense of it all.

Yes!!!! If you look at the orig doc that has the Capital Murder then the kidnapping then the guns charge that is listed with link. And look at the statute all the wording is not on the orig! They amended to add ALL the wording of the statute.