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

[arkansasmimi]

It is most likely the same letter he brought with him and handed to the Psychological Tester, so getting their hands on a hard copy would probably be do-able. He's probably handing it out like business cards.

Edited to add--- Also, I don't know who is posting for him, but they are a moron!!!!!! Why in the world would you want to place yourself in the center of a murder investigation? If they are interested in who posted it, not only can they 100% find out, but he will probably let them know, as well. A shark knows no loyalty.

Your right, probably is the same letter and if so they probably have copy of it already in their stuff from the Dr. JMO not sure how that works on what the Dr turns over. They may ask her about it if she is called as a witness since they mentioned it.

 

[arkansasmimi]

Curious, if they could have searched the car legally without a search warrant (per law and PCSO policy) why didn't they finish it instead of getting the search warrant prior to searching the trunk? Will it be considered stopped search since they didn't search the trunk? Again it will be interesting (to me) because of the wording in the Judges Order about during inventory and not during the illegal warrant. JMHO

It should be pointed out that the record is silent as to whether an inventory search was
done on the Defendant's vehicle between the time when it was towed away by the investigators
and the point where the invalid search warrant was executed. There is an'oinventory search"
exception to the warrant requirement. "Pursuant to this exception, police officers may conduct a
warrantless inventory search of a vehicle that is being impounded in order to protect an owner's
property while it is in the custody of the police, to insure against claims of lost, stolen, or
vandalized property, and to guard the police from danger. Benson v. State,342 Atk.684, 688. If
the State can show that any items found in the vehicle that they seek to introduce were
discovered during an inventory search and not during the search pursuant to the illegal warrant,
this Court will consider admitting them into evidence. Without that showing, all evidence found
in the vehicle is to be suppressed

https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=W91IXRDASRGXJEZJK4QX4T3NOPNQ29

Pros request

6) A vehicle storage report was filled out at 10:15 a.m. on 9/28/14 describing items that
were found in the passenger compartment of the Ford Fusion at the crash site.
7) The trunk was not inventoried at the crash site because it was believed the trunk should
be opened in a controlled environment. Therefore the inventory search was suspended
until the vehicle was towed to the PCSO crime scene bay.
8) Before the inventory search was continued at the PCSO crime scene bay a search warrant
was obtained from Judge Wayne Gruber at 11:58 a.m. on 9/28/14 to search the vehicle.
9) Had the search warrant not been obtained, the inventory search of the trunk of the vehicle
would have been completed at the crime scene bay of the vehicle pursuant to written

PCSO policy which states:
Any time a vehicle is ordered towed by the Sheriffs Office, a vehicle
storage report will be completed. The deputy ordering the vehicle
towed will inventory the vehicle, including the trunk, glove box,
and other accessible areas, and ensure the results of the inventory
are listed on the storage report. Any damage, other than normal
wear, is to be listed in the damage section. Note whether damage
appears fresh or old. Items of significant value should be noted in
the remark section. A vehicle storage report is not required when
vehicles are towed at the request of the owner or operator.

11) In this case the PCSO began an inventory search of the Ford Fusion pursuant to it being
towed and stored. This procedure would have been completed at the crime scene bay
pursuant to the authority cited by this Court in Benson. The inventory search was
interrupted by the search pursuant to the flawed search warrant. However, the United
States Supreme Court and the Arkansas Supreme Court have ruled that the inevitable
discovery rule allows admission of evidence that would have inevitably been found by
lawful means.

https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=96CVC43Z1X2YHF5OO0P1H33RQDQ7BZ

 

[NWLady]

The point I was trying to make is real simple. Throw out anything that was found at their house, throw out anything that was found in his car, and even throw out CL's testimony. And then take into account that WE do not know what the state/prosecutors have. But if I was to guess, I'm thinking there's probably DNA of CL's and/or AL's on Beverly's body, possibly on the duct tape that she was bound with and I'm sure there are many other possibilities of evidence that WE have no clue about. Maybe there's video surveillance of him buying some of the items used in Beverly's death? Who knows?? I myself at this time am not trying to concentrate/focus on what cannot be used, but rather all the other things that may be brought up or that can be used that I don't have a clue about but that's JMO.

For example, what IF the documents/affadavits that were on AL's FB were truly written by him and notarized etc, then he has ADMITTED HIMSELF to participating in the crime, which then means even though HE CLAIMS to have ONLY participated in taking her body there to the concrete plant AND digging the hole to bury her in means he can be charged with the exact same charges that CL was. So, I wonder what AL's defense would be then (if it can be proven that he did indeed write the documents/affidavit admitting his role in her demise and/or if there's a chance that it could be brought into the picture in regards to evidence, etc)

AL is charged with the same exact charges that CL was. That's what he is on trial for. She plead to a lower charge is why she has a different charge she is serving. While I am curious about the fb posting and why/how it came to be there, I would think for it to be used as potential evidence they would need the actual document or at the least a copy like the LEO had of Wesley Hadsells. (We don't know that they don't in this case either). But it would have to be authenticated just as the text messages and emails are having to be. Also we know AL didn't post them to his facebook he is in a Maximum Security prison and doesn't have access to internet. I just went back and looked at the notary page and to me it looks like the ink from the date on the Notary Signature is different-lighter than the ink where the date is written. So its possible that the Notary is from something else. JMHO

Possibly you may have misunderstood my post and/or took it out of context. I have followed Beverly's case from the beginning and am well aware what AL is charged with and what CL was charged with.

Since there has been so much effort made in concentrating on what prosecutors/state does NOT have I said that I myself was rather trying to focus on other things that may be brought up etc, rather than what CANNOT be.

Regarding the posting on AL's FB, I made no mention of him posting them himself, and actually it doesn't matter WHO posted them for him, what matters is whether HE wrote it or not, therefore admitting his guilt. I also said "IF it can be proven that he did indeed write the documents/affidavit admitting his role in her demise and/or IF there's a chance that it could be brought into the picture in regards to evidence, etc."

And IMO it doesn't have any similarity to Wesley Hadsell's letter that he wrote his mom...that was a simple letter, not an alleged signed, notarized statement/affidavit.
I am not here to defend AL and/or CL, nor am I looking for a reason for a mistrial. I am here for Justice For Beverly.

 

[Tallula.Belle]

Does anyone find it strange that they were following him before he wrecked, because they felt he was the kidnapper, due to the witness account putting him and his car at the scene where BL disappeared. Yet they didn't rush to check the trunk. What if BL had been in the trunk? For all they knew she could have been in the trunk bound and gagged but still alive.

 

[NWLady]

Your right, probably is the same letter and if so they probably have copy of it already in their stuff from the Dr. JMO not sure how that works on what the Dr turns over. They may ask her about it if she is called as a witness since they mentioned it.

http://www2.arkansasmatters.com/med...3a4eeb94b3c/Arron_Lewis_Mental_Evaluation.pdf

DISCLOSURE OF PURPOSE AND THE VOLUNTARY, NON-CONFIDENTIAL NATURE OF THE EXAMINATION: ........ Mr. Lewis was also informed that I would be taking written notes and completing a typed report that would be viewed by his attorney, the prosecuting attorney, the judge, and any attendee to a court proceeding in which I may be asked to testify. I also informed him that I may be required to talk about his statements and our discussions in open court during any phase of a trial, including the sentencing phase if he were to be found guilty. .......... Mr. Lewis appeared somewhat confused and stated he was under the impression that the evaluation would be confidential. I reiterated to him that there was no privilege or confidentiality, as the evaluation was ordered by the court. .......

 

[arkansasmimi]

http://www2.arkansasmatters.com/med...3a4eeb94b3c/Arron_Lewis_Mental_Evaluation.pdf

DISCLOSURE OF PURPOSE AND THE VOLUNTARY, NON-CONFIDENTIAL NATURE OF THE EXAMINATION: ........ Mr. Lewis was also informed that I would be taking written notes and completing a typed report that would be viewed by his attorney, the prosecuting attorney, the judge, and any attendee to a court proceeding in which I may be asked to testify. I also informed him that I may be required to talk about his statements and our discussions in open court during any phase of a trial, including the sentencing phase if he were to be found guilty. .......... Mr. Lewis appeared somewhat confused and stated he was under the impression that the evaluation would be confidential. I reiterated to him that there was no privilege or confidentiality, as the evaluation was ordered by the court. .......

I remember that. What I meant was I didn't know if the Dr would turn over a copy of that if she had it with her report or not. I found this in the Pros Response about Spousal Priv. Speaks of him bringing it so not sure if he just brought it and spoke about it or gave it to her.
JMO, it def sounds like the same thing to me.

5. On September 25, 2015, the defendant met with Dr. Melissa Dannacher of the Arkansas
State Hospital for the purpose of a second mental evaluation. In his first mental
evaluation the defendant declined to discuss the homicide. For his second evaluation, the
defendant brought with him a handwritten, highly detailed narrative regarding the death
of Ms. Carter. In this narrative the defendant attempts to explain the evidence contained
in the investigative file that he had been supplied via discovery.

https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=O3DLR3EGOTD1U4J26ZT4ZRBK4JGRJX

 

[arkansasmimi]

Surly to God that "affidavit " on his fb wasn't one of these affidavits?? :thinking:

6. While the defendant was incarcerated, but prior to Crystal Lowery entering a negotiated
plea of guilty, the defendant wrote several letters to Lowery regarding the murder of Ms.
Carter, suggesting things that Lowery should say in her defense.
7. One of the letters included affidavits written and signed by the defendant, Lewis. The
affidavits are statements by this defendant pertaining to certain evidence against the
defendant and Lowery wherein the defendant is making certain assertions about that
evidence. In the letter the defendant instructs Lowery to present the affidavits to a third
party (presumably some branch of law enforcement or a jury). As evidence of her
innocence.

https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=O3DLR3EGOTD1U4J26ZT4ZRBK4JGRJX

 

[jstkiddn]

Def not a laughing matter, but quick read is it saying we would have found by legal means if we hadn't used the illegal search warrant??:facepalm: Without reading anything yet, looks like they would have been better off in hindsight searching without the Search Warrant.

I had the exact same thought as I read that line.

The point I was trying to make is real simple. Throw out anything that was found at their house, throw out anything that was found in his car, and even throw out CL's testimony. And then take into account that WE do not know what the state/prosecutors have. But if I was to guess, I'm thinking there's probably DNA of CL's and/or AL's on Beverly's body, possibly on the duct tape that she was bound with and I'm sure there are many other possibilities of evidence that WE have no clue about. Maybe there's video surveillance of him buying some of the items used in Beverly's death? Who knows?? I myself at this time am not trying to concentrate/focus on what cannot be used, but rather all the other things that may be brought up or that can be used that I don't have a clue about but that's JMO.

For example, what IF the documents/affadavits that were on AL's FB were truly written by him and notarized etc, then he has ADMITTED HIMSELF to participating in the crime, which then means even though HE CLAIMS to have ONLY participated in taking her body there to the concrete plant AND digging the hole to bury her in means he can be charged with the exact same charges that CL was. So, I wonder what AL's defense would be then (if it can be proven that he did indeed write the documents/affidavit admitting his role in her demise and/or if there's a chance that it could be brought into the picture in regards to evidence, etc)

I'm trying to see if I'm understanding the point you are making. Let's go to Alternate Bizzaro Land and pretend that what he wrote in the FB affidavit is the 100% truth (I'm not saying that's what you are trying to say, but just using it as a hypothetical). You are saying that he has admitted guilt by burying her, so if CL was guilty of whatever charge for killing her (when AL wasn't there), he will still be charged with the killing because he had a role in burying her body? IF that is what you are saying (and I could be wrong...so feel free to correct me) I have to disagree because it's a lot like the Malik Drummond case. The father killed him and disposed of the body, but the live in girlfriend witnessed the murder and was complicit in helping to hide the crime, even going so far as to lie to authorities to throw them off the trail. She was only charged with hindering apprehension. She was not charged with any part of the actual crime itself (although I think the woman standing there watching a grown a$$ man beating a 2 year old child to death and doing NOTHING to stop it would put her just as guilty as him....what do I know.) Sometimes I don't get how the legal system works.

Curious, if they could have searched the car legally without a search warrant (per law and PCSO policy) why didn't they finish it instead of getting the search warrant prior to searching the trunk? Will it be considered stopped search since they didn't search the trunk? Again it will be interesting (to me) because of the wording in the Judges Order about during inventory and not during the illegal warrant. JMHO

My guess? I think they were thinking they might find BC's dead body in the trunk and if so, they didn't want the side of Hwy 165 to be where they had to process everything. They even said, they wanted to finish in a "more controlled environment". Just a hunch.

edit to add: They could have also had in mind that they wanted to do a better search (for things such as hairs, etc) and they weren't prepared to do that type of search on the side of the road.

Surly to God that "affidavit " on his fb wasn't one of these affidavits?? :thinking:

https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=O3DLR3EGOTD1U4J26ZT4ZRBK4JGRJX

Oh, that was the first thing I thought!! I'm sure it's the same story he was trying to get CL to use.

EDIT TO ADD: Did he send the affidavit to CL/CL's legal team before or after he had a chance to look at the evidence the prosecution had? I'm wanting to say it was before, and if so that would make it seem like this could be a different affidavit, because this one was very obviously written in a such as way as to coincide with known phone calls, texts and cell tower pings. Nobody involved in a situation such as he describes is going to remember the exact number of phone calls and texts he made that night. He was obviously looking at a list of call/text logs when this was written.

 

[jstkiddn]

AL is charged with the same exact charges that CL was. That's what he is on trial for. She plead to a lower charge is why she has a different charge she is serving. While I am curious about the fb posting and why/how it came to be there, I would think for it to be used as potential evidence they would need the actual document or at the least a copy like the LEO had of Wesley Hadsells. (We don't know that they don't in this case either). But it would have to be authenticated just as the text messages and emails are having to be. Also we know AL didn't post them to his facebook he is in a Maximum Security prison and doesn't have access to internet. I just went back and looked at the notary page and to me it looks like the ink from the date on the Notary Signature is different-lighter than the ink where the date is written. So its possible that the Notary is from something else. JMHO View attachment 85651

I've had things like that happen two ways.

1 - using a "signature stamp" on a .pdf file in Adobe Reader, which I guess is sort of like cutting and pasting a signature.

2 - scanning something that has been signed with a different color ink, especially if it was scanned as greyscale or a photo as opposed to scanning it as a black and white document. EDIT TO ADD: But the ink looks a bit blue on the signature, so that would mean it was a color scan? Does it look blue to anyone else?

It is extremely odd that the date is so different than the actual signature. One would assume that the notary would have used the same pen for both, although I suppose one could have been running out of ink and she grabbed another?

 

[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:

 

[beaglebrd]

The prosecution filed yesterday in response to the car evidence being thrown out by the judge. Not sure when judge will rule on that. Like someone else said, I can't understand why they didn't look in the trunk in case BC was in there. Maybe somehow while observing AL they could see there was no body in the trunk? But they knew they wanted to preserve the trunk by taking the car to the lab before opening.

 

[mpnola]

Is it possible they looked but didnt "process"?

 

[mpnola]

http://katv.com/news/local/judge-some-interviews-with-realtor-slaying-suspect-inadmissible

So, according to this video, they also had shell casings and Beverly's blood in the car. I am so disgusted by the whole thing. How can someone harm someone who was actually trying to help them (thinking she was helping them find a house). My brain can't comprehend the entire thing, I guess that is a good thing. If this guilty *advertiser censored* doesn't fry, he's going to have a lot of back watching to do if and when he ever sees the light of day! Not much of a deterrent to harm him, since obviously getting away with murder is pretty easy these days! The one bit of peace I can find through this whole thing is that he is in trouble, no matter what happens!! He will never rest easy another day in his life.

 

[arkansasmimi]

JskiddnEDIT TO ADD: Did he send the affidavit to CL/CL's legal team before or after he had a chance to look at the evidence the prosecution had? I'm wanting to say it was before, and if so that would make it seem like this could be a different affidavit, because this one was very obviously written in a such as way as to coincide with known phone calls, texts and cell tower pings. Nobody involved in a situation such as he describes is going to remember the exact number of phone calls and texts he made that night. He was obviously looking at a list of call/text logs when this was written.
Last edited by jstkiddn; Today at 12:53 PM.

I agree on it appearing to coincide with evidence file kind of stuff. I cant remember exactly when he went ProSe was it Feb? For some reason that comes to mind or maybe that was when the first mental eval was something happen in Feb lol. But I know that when his letter to his first lawyer was taken that allegedly had something ref to CL, his lawyer wrote a letter to the Tucker Prison because AL had listed it as an exhibit. Either way that was long before October 2015. JMHO

 

[arkansasmimi]

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.

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

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

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/i...resent2?DMS_ID=W91IXRDASRGXJEZJK4QX4T3NOPNQ29

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

RESPONSE TO MOTION TO DISMISS THE CHARGE OF CAPITAL MURDER
Comes now the State of Arkansas, by and through John F. Johnson, Deputy Prosecuting
Attorney, and for its response to the defendant’s motion states the following:
1. The defendant is charged with capital felony murder pursuant to Arkansas Code
Annotated 5-10-101(a)(1)iii.
2. Count two of the information puts the defendant on notice that he is charged with the
offense of kidnapping by alleging that he without consent unlawfully held Beverly
Carter for reward (A.C.A. 5-11-102(a)(1)(A)) or, in the alternative, for the purpose of
terrorizing Ms. Carter (A.C.A. 5-11-102(a)(6)).
3. The burden is on the defendant to prove that he released Ms. Carter alive and in a safe
place.

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

 

[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:

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

And your point is?? The Capital Murder charge still includes the 5-10-101 (as I had referenced), but the (a) has been added which still includes acting alone OR with one or more other person (as I had referenced). And the (iii) was added in reference to the kidnapping charge (which I didn't add to my post because I was not addressing the kidnapping charge but rather the Capital Murder charge). Alrighty then. Thanks for the clarification.

 

[arkansasmimi]

This has been nagging at me as I didn't know what was about. I thought I had been keeping myself pretty decent notes on which Motions had been determined and so forth. So after a rainy afternoon of reading, if you weren't sick enough thinking about the Search Warrants being thrown out, or if your one of those that think its not that big of a deal and would rather think about what they do have. Take some tummy meds cause your gonna get sick....and see why those searches were very important in more ways than just the evidence they got.

The Court turns to two final matters - the Defendant has asserted in his post-omnibus
argument brief that his arrest by the LRPD was not supported by probable cause and that "the
Court should suppress all evidence found in the silver iPhone because the search warrant was a
general warrant." The defense has briefed this argument, though it filed no motions regarding
either issue prior to omnibus.13 The State has not had the opportunity to respond to these allegations, and the Court will not rule on them until they have been given the opportunity to do so

Bottom pg 28 top of 29 https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=W91IXRDASRGXJEZJK4QX4T3NOPNQ29

13>13 The Court is not aware of any assertion prior to this brief that the LRPD had no probable cause
to arrest the Defendant. The defense alleged in their pre-trial Motions that the search warrants for
the home and the vehicle were overly broad, and the Court has granted these Motions. Regarding
the assertion that the warrant for the silver iPhone was also a general warrant, the Court does not
see this distinct issue presented in the pre-trial Motions. The supposedly offensive warrant
language for the iPhone complained of by the defense also does not appear to be present in the
exhiUiti submitted thus far to the Court. If the defense is arguing this, the State should be given
the opportunity to respond.

 

[arkansasmimi]

So off I go looking trying to figure out what and where this was alleged at and found this, didn't even think about it until I saw it when looking just now....

/01/2015
01:56 PM MOTION SUPPRESS JAMES JR , WILLIAM OWEN
Entry: none.
Images WEB

MOTION TO SUPPRESS STATEMENTS DURING INTERROGATION ON
SEPTEMBER 29-30, 2014
Snip>
COMES NOW, the Defendant, Aaron Lewis, by and through counsel, the James Law
Firm, and for his motion to suppress statements, states:
1. On or about September 29-30, 2014, members of the Pulaski County Sheriff's Office
conducted a detention or arrest of the Defendant.
2. An interrogation followed the arrest or detention, which was illegal as the police did
not have probable cause to arrest or detain the Defendant, and therefore, any statements which
are the fruits of such an illegal arrest, are inadmissible against the Defendant. U.S. Const. amend.
IV, IVX; Ark. Const. art. II, § 15; Dunaway v. New York, 442 U.S. 200 (1979); Brown v. Illinois,
422 U.S. 590 (1975); Griffin v. State, 347 Ark. 788; 67 S.W.3d 582 (2002).
https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=7CL9FYEKK8LLKKVWNESLDGOR7DLU5H

 

[arkansasmimi]

So off I go looking trying to figure out what and where this was alleged at and found this, didn't even think about it until I saw it when looking just now....

/01/2015
01:56 PM MOTION SUPPRESS JAMES JR , WILLIAM OWEN
Entry: none.
Images WEB

MOTION TO SUPPRESS STATEMENTS DURING INTERROGATION ON
SEPTEMBER 29-30, 2014
Snip>
COMES NOW, the Defendant, Aaron Lewis, by and through counsel, the James Law
Firm, and for his motion to suppress statements, states:
1. On or about September 29-30, 2014, members of the Pulaski County Sheriff's Office
conducted a detention or arrest of the Defendant.
2. An interrogation followed the arrest or detention, which was illegal as the police did
not have probable cause to arrest or detain the Defendant, and therefore, any statements which
are the fruits of such an illegal arrest, are inadmissible against the Defendant. U.S. Const. amend.
IV, IVX; Ark. Const. art. II, § 15; Dunaway v. New York, 442 U.S. 200 (1979); Brown v. Illinois,
422 U.S. 590 (1975); Griffin v. State, 347 Ark. 788; 67 S.W.3d 582 (2002).
https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=7CL9FYEKK8LLKKVWNESLDGOR7DLU5H

 

[arkansasmimi]

From the Mental Exam, we saw what they used to get the Kidnapping Bench Warrant...*And it is in quotation marks on the Mental Exam, pages 7 & 8 http://media.arkansasonline.com/news/documents/2015/02/26/CK_Image.pdf

Information obtained from the Affidavit for Warrant of Arrest for Arron M. Lewis, Facts
Constituting Probable Cause :

"1. On September 25,2014, deputies responded to 14202 Old River Drive in Scott,
Arkansas, in reference to a report of a missing person. Dep. T. Purifoy arrived and made
contact with Carl Carter. Carl Carter stated that his wife, Beverly Carter, is a realtor with
Crye-Leike Real Estate and called him around 1730 hours informing him that she was
going to show this house to an unknown person. Carl Carter stated that he became
worried around 2100 hours when his wife still had not returned home and would not
answer his calls. Carl Carter then came to this residence where he found Beverly Carter's
2014 Cadillac SRX still parked in the driveway, with her purse inside. Carl Carter stated
that he found the door to the residence open and went inside to look for his wife, but
could not find her. Carl Carter stated he immediately knew something was wrong and
contacted the SherifPs Office. Carter said he believed his wife was last wearing a black
sleeveless shirt and red shorts. Neighbors stated that they observed an unknown white
male in a black car at the residence with Carter. Based on this information the
Investigations Division was notified and responded to the scene.
2. Investigators conducted an exigent circumstances ping through AT&T for Beverly
Carter's cell phone number of 501-944-1559. Investigators reviewed the data and
determined that Beverly Carter's cell phone plnged twice in the area north of Steel Bend
Road and south of Smarty Jones Drive at1822 hours.

3. On September 27,2}l4,Investigators determined through Beverly Carter's phone
records that she placed a phone call at approximately 1558 hours to phone number 914-
206-1776 for approximately fifteen minutes and forly five seconds.

4. Investigators determined that the phone number 914-206-1776 retumed to a company
called*TextMe, [nc." TextMe, Inc. is texting and phone application that provides
smartphone users with free text and voice message, assigning them a unique phone
number.

5. An exigent circumstances request was placed with TextMe, fnc. And they provided a
report detailing that the achral cell phone number assigned to (914) 206-1776 was in fact
(501) 687-3833 belonging to a Crystal Lowery of 165 Randall Drive in Jacksonville, AR.
Further research into Beverly Carter's phone records revealed that she and/or the person
using (501) 637-3833 communicated via text messaging numerous times however the
text message content had been deleted from the victim's cell records only leaving a
record of the data transaction. Investigators also determined that Crystal Lowery and her
husband, Aaron Lewis, have a black 2014 Ford Fusion registered to them.

6. On September28, 2014,Pulaski County Sheriffs Office Investigators conducted
surveillance on the residence of Crystal Lowery and Aaron Lewis (165 Randall Drive,
Jacksonville, AR) where they observed Lewis who did fit the description of the male the
neighbors had seen. Aaron Lewis was then observed getting into the black Ford Fusion
and driving away. Aaron Lewis drove approximately three miles before he was involved
in a single vehicle accident in which he suffered minor ir{uries. While working the
accident scene, Investigators found in Aaron Lewis's possession was the phone (501-
687-3833) registered to Crystal Lowery and which was used to communicate with
Beverly Carter. Lewis was taken to the hospital for his injuries, but fled after being taken
to have a CT scan. Aaron Lewis fled the hospital on foot and his whereabouts are
unknown at this time.

7 . On September 28, 2014,Investigators executed a Search Warrant on the 2014 Ford
Fusion Lewis was driving. Investigators fotrnd duct tape, a baseball bat, and rope in the
vehicle.

8. On September 28, 2014,Investigators executed a Search Warant at 165 Randall Drive
(Lowery and Lewis' residence) where they located Beverly Carter's missing iPhone. The
iPhone SIM card had been removed so that it could not be tracked, but was positively
identified as Carter's phone. Carter's whereabouts are still unknown."