GUILTY AR - Beverly Carter, 49, Little Rock, 25 Sep 2014 - #13

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Again the IBM was inside the 2012 Ford Fusion
Gateway inside Residence

From Pros Response

RESPONSE TO MOTION TO SUPPRESS EVIDENCE FROM SEARCH OF IBM
LAPTOP COMPUTER

10. In the Ford Fusion was found an IBM laptop computer, serial number L3-VVYBT.
11. On October 2, 2014, a search warrant for the IBM laptop was sworn out before the
Honorable Wayne Gruber authorizing the search of the IBM computer. https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=GMHLRX2F7P9AR30Z9SKRHPQPWIVTQR

RESPONSE TO MOTION TO RETURN PROPERTY

2. During the course of the investigation that resulted in the defendant’s arrest, a cell phone,
Gateway laptop, Ipad, thumbdrive and watch were all seized by the Pulaski County
Sherriff’ Office.
3. The cell phone was lawfully seized pursuant to Rule 10.2 of the Arkansas. The other
items were seized pursuant to search warrants and incident to the arrest and detention of
the defendant. https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=CCS3UIKYDLXOCR8SZ9NKI7NB4ZX0QH
 
SO, they can't use the Gateway laptop (this was obtained from the illegal search warrant from the home 9/28/2014) Unsure if this is the one that was to have had a Search Warrant done on 10/3/2014 or the IBM looks like possibly a typo on the affidavit for search warrant or on the Motion from the def.. but since the Def states that so much unknown, JMHO it was a typo on the affidavit/search warrant. Either way State said wasnt going to use anything from IBM and holding on to it and the Gateway until after all things are over.

*my questioning these computers is because curious as to why they didnt use any evidence if they had as to which computer the email was sent from (or smart phone or iPad)

This is from the Judge Order 2/29
Motion to Suppress Phvsical Evidence from Faultv Warrant for Black IBM Laptop
The State has indicated that they do not intend to introduce physical evidence from the
black IBM laptop. This motion is hereby granted'
 
The whole AL cell phone is confusing to me as well.

1. : on 9/28/2014 they got possession of it at wreck. LT Swagerty got from AL.

2. : RESPONSE TO MOTION TO SUPPRESS PHYSICAL EVIDENCE TAKEN FROM THE
SILVER IPHONE FILED 10/16/2015
18. On September 28, 2014, search warrant for the silver iphone 5 (CCID: BCC-E2642A)
was sworn out before the Honorable Wayne Gruber.
21. To date, no information has been recovered from this item of evidence and it is being
held pursuant to Arkansas Rules of Criminal Procedure 15.2 < TO DATE 10/16/2015 https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=3MARLZPZA0LLPJISYFTIJAV69U7KZE

Witness Drew Evans:
Exhibit #40 was an extraction report from CL Galaxy phone done by Cellebright
*now I am confused by my notes saying there was a forensic report on AL cell #actual 501687-3833/Textme the 914#
so very possible they do have the forensic report as well on AL (would hope so) but as of Oct 16, 2015 Pros stated they had no information recovered from the silver iPhone got from AL at the wreck.

They had a search warrant for AL silver iPhone 9/28/2014 (^^) per Pros. Next day 9/29/2014 is when AL played that recording from the same phone in the now deemed illegal interrogation. I would hope they went ahead and got that info from the actual phone. It would have the digital data as to when the recording was made. They had/have the actual phone so it wouldn't be erased unless something happened while in their possession. What was entered as evidence was #19 photo of front of AL iPhone and #20 photo of back of AL iPhone with witness Drew Evans who was with Det Allison when AL played it in LT Swagerty office secretly recorded interrogation.

The Judge threw out the interrogation from 9/29/2014 - 9/30/2014 (that was recorded) deeming it illegal as AL had per Officer Roy report stated that AL had asked for an attorney. But 12/9/2015 the Judge allowed the 'ransom recording' " Accordingly, as the recording of the
victim is not testimonial, it does not run afoul of the constitutional rights sought to be protected
by Miranda. The recording of the victim is admissible." https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=W91IXRDASRGXJEZJK4QX4T3NOPNQ29

12/31/2015 Def filed another Motion to have recording suppressed. This part stuck me:
"Factor six, whether the evidence would have been discovered absent the violation weighs
completely in favor of suppression because the evidence would not have been discovered absent
the illegal interrogation. Finally, the extent to which the violation prejudices Arron Lewis&#8217;
ability defend himself in the proceedings in which such evidence is sought to be offered in
evidence. The recording is one of the most damning pieces of evidence in the case. This weighs
heavily in favor of suppression."

^^^^ I don't under stand this, because as links I posted, LEO HAD phone 9/28/2014, per Pros 9/28/2014 got a search warrant for that phone. Did they or didn't they search AL iPhone? From the Pros Response on 10/16/2015 JMHO the wording of no information has been recovered either means they did search it and nothing there or they didnt search it at all. :thinking: But something was def there on 9/29/2014 because AL played it. (I and many others stayed late into the night listening to the long recordings.. that another post). Why wouldnt they have found it? JMHO, if they hadn't had that interrogation there is a lot they wouldnt have found (^^another post lol) then AL wouldn't have played that recording for them, maybe thats what the Def was meaning? BUT since they had the search warrant they should have found it along with anything else still on AL phone. Possibly the mms pic that he allegedly sent to CL at 846pm on 9/25/2014 also. Or even some of the text messages that CL had deleted but AL may not have.

Judge responded to the Def Motion, denying it and allowed the recording to be entered into evidence. https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=AFAZ21THC8T3H7HT36R3NK9EIKG42F
 
Now in the Def 12/31/2015 Motion asking again to have the 'ransom recording' suppressed, they put in a little dig about the Ark Supreme Court (which is who the Automatic Appeal will go to in AL convictions). Judge disagreed and denied the suppression of the recording. JMHO>>> I thinking this will be something that they use in their Appeal *I say because of the numerous Motions as do I think the Marriage Priv will be used as one. Could be very wrong tho. JMHO

State:
Snip:
THE PHONE RECORDING SHOULD BE SUPPRESSED UNDER THE
ARKANSAS CONSTITUTION.
A. The Arkansas Constitution Can Be Interpreted Differently Than The
Federal Constitution.

There have been numerous decisions that have demonstrated repeatedly the fact that the
Arkansas state courts can interpret the Arkansas Constitution differently and to provide its
citizens more rights than the Supreme Court interprets the Federal Constitution to provide. In
Griffin v. State, 347 Ark. 788, 792, 67 S.W.3d 582, 584 (2002), the Arkansas Supreme Court
emphasized this point in stating:

However, we base our analysis of this case upon our own state law as expressed
by our state constitution, statutes, and cases, recognizing that while we lack
authority to extend protections of the Fourth Amendment beyond the holdings of
the United States Supreme Court, we do have the authority to impose greater
restrictions on police activities in our state based upon our own state law than
those the Supreme Court holds to be necessary based upon federal constitutional
standards.

The Arkansas Supreme Court has departed from federal precedent on multiple occasions. See
e.g. Jegley v. Picado, 349 Ark. 600, 80 S.W.3d 332 (2002); State v. Brown, 356 Ark. 460, 156
S.W.3d 722 (2004). "Without question, a slavish following of federal precedent would render
this court's opinions merely a mirror image of federal jurisprudence, which would carry with it a
certain abrogation of our duty to interpret our own state constitution and follow our own state
law." Brown, 356 Ark. at 470, 156 S.W.3d at 729. https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=R9EZ0XAX7729VH0YOEB7GWFFSRLPYO

JUDGE Wright:
Snip:
The Defendant first asks the Court to find that the recording should be suppressed under
the Arkansas Constitution, which also guarantees in Article 2 the right to counsel and a
protection against self-incrimination. The Court is well aware that the federal constitution
provides a baseline of rights which no state may violate, and the states may grant rights greater
than that of the federal. But the Defense provides no authority to show that the Arkansas
Constitution, in offering parallel protection, grants rights beyond those expressed in the federal
constitution.
The Defense next argues that the United States Supreme Court wrongly decided Patane
and that this Court should not "extend" its ruling to an interpretation of the Arkansas
Constitution. The Court will not entertain this argument. The Defense, again, has offered no
authority to show that the Arkansas Constitution grants its citizens greater rights than the federal
such that Patane would not apply. The existence of parallel rights in the Arkansas Constitution
does not give the Court authority to second-guess U.S. Supreme Court precedent.
Finally, the Defense asks that the Court suppress the recording under Arkansas Rule of
Criminal Procedure 16.2. The Court finds that its previous ruling will stand and the recording
will remain admissible. https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=R9EZ0XAX7729VH0YOEB7GWFFSRLPYO
 
LEO got a lot of info from that interrogation that they wouldnt have had at the time or possibly after. Off top of head:

*Ransom motive

*That AL went back to the Old River Drive area and was stopped by another officer *this PCSO Sgt over Patrol testified for the State that Sgt Blain called him on 9/29/2014 checking AL story and the officer after seeing picture of AL acknowledged that yes he had stopped him and then wrote a report on the incident.

*the whole story about telling BC she was going to have a bad day, of anything that was told that went on at the house,

Going over notes:
AL time running out,proof let me have my phone (JMHO that alone was enough to have gotten into phone see what else on there)... wheres my wife at
Drew Evans: not my case I am just helping out (lol yep he really
was, he one who got the recorder and hid it so could be recorded ;) )
Allison had left to get AL cell phone.
AL >This is to show you time is running out (plays the 'ransom recording' )

AL told them its all about money and gave pin #XXXX (not posting what he said it was) Told them that he was in an SUV and that LEO stopped him. HE SAID time was about 1030pm but the Patrol Sgt thought after 1230am on 9/26.

On Cross Bjames asked Det Allison who met AL at the front doors JA- Inv Hendrix and Evans (**iirc on interrogatories from civil it was said to be Hendrix and Seibel)

Drew Evans.. phone was put on airplane mode by Swagerty dont need passcode to do that (put on airplane mode so cant be logged into if it were to get around wifi, if so could be logged into and stuff erased per investigators)

FBI agent speaking to AL ... Agent I think shes dead
AL she wasnt yesterday (Sunday)

AL said they planned it out a good while (all this was recorded but Suppressed) said was on way to give BC lunch when had wreck. Said CL was in LR (but at the OH said had texted CL told of wreck and said that CL was few blocks away at Post Office, she followed the ambulance to hosp)

***this is where I think the whole ACCIDENT wording came in JMHO***

FBI Steve Burroughs: I believe she is dead
AL what my motive to kill her?
FBI I think was an accident
AL How I kill her?
FBI: where would you get money from
AL Husb, boss, coworkers
 
Just realized that at that OH Hendrix also gave verbatim testimony that Allison did (in trial he did also and Def Attorney Short got the blue folder for somewhere I was writing and didnt see where but I think the witness had the blue folder with him, in it was supplemental statement of Det Allison and highlighted what was suppose to testify to) AT the OH he testified he was giving his testimony from his own memory although he didnt take any notes on the ride or do any reports. This witness really blows my mind :thinking:
 
I KNEW I had heard a diff amount that was allegedly in BC account than the $124 in checking and $0 in savings that was told in court testimony. * still thing there is a video telling a diff amount than this havent relocated that yet.

Originally Posted by zxbeer
http://www.arkansasonline.com/news/2...r-realtors-me/

Jstkiddn 8/20/15 #600
Thanks for posting!

A few things were of particular interest:

Carter said there are a lot of details that he would like to share about his mother's case, describing the killing as part of an "elaborate scheme."
As he spoke about his mother's death, Carter raised up a roll of duct tape to the audience.

"I want you to visualize something is happening: You're showing your property and something just went wrong," he said as pieces of duct tape lay in front of the Realtors in attendance. "Your life just got turned upside down."

"When they kidnapped my mother, the whole intention&#8230; was to hold her for ransom, to get money out of our family," he said. "When they took her, they not only forgot her purse but they quickly realized that she only had $67 in her checking account &#8212; a huge miss."

The last quote in particular I found interesting. How did they find that out? Did they take Beverly (or just her card) to an ATM machine to withdraw money? If so, they had to have kept her alive long enough to get a PIN number. But if it was in her purse....which was left behind in the car.....how would they have done that? I guess what I'm trying to figure out is how they discovered she only had $67 in her checking account without the purse? One would assume her ATM card was in her purse, right? http://www.websleuths.com/forums/sh...e-Rock-25-Sep-2014-10&p=12011743#post12011743

****
 
This is the podcast CCjr did and was posted 9/3/2015. In it he said that CL was the mastermind and brains and that AL was the brawn, he took care of it. http://www.inman.com/2015/09/03/beverly-carters-son-speaks-out-on-realtor-safety/

I got a different vibe with testimony presented, I didnt see it presented in AL trial as CL being the Mastermind.... she tried to come across as she just went along with whatever AL wanted, but did say she wanted BC GONE. JMHO

The 2 other ladies he spoke of, JMHO after hearing testimony ( i positive they have more than what presented at this trial) but various professions were told and also it was stated that CL dropped him off at the gated community and might have been 2 homes watched. JMHO
 
08-20-2015, 08:06 PM #611 111addict

She probably told them that, and maybe they made her pull up her account on the Internet. I wonder if they told her they were holding her for ransom. She would have probably let them know they chose the wrong person to kidnap, and that her family would be unable to meet their requests.

I wonder why they only mentioned AL being charged with murdering her.
Click to expand...
I too wonder why only AL mentioned. ALso if they were allegedly to have known how much she had (I personally dont think they did look because I havent heard or seen anything to prove they AL/CL knew how much she had) But if they had looked, it should have been on one of their electronic devices and it would have been on the bank records. None of that was presented at either OH or trial. I thinking that was a personal opinion.

I swear I saw a video saying she only had $10 in her account. Maybe I dreamed it. I just dont understand all the conflicting information. But guess it is what it is... JMHO
 
Here an interesting old post:(was looking for something else earlier and came across a few)

MSNurse 09-28-2014, 11:42 PM #36

Ok...since we are waiting to see if he has been arrested or not...just trying to get in his head. His current life SCREAMS rejection and wanting to be accepted. There have been multiple FB posts trying to gain acceptance...look at my new bike...look at my new house...yea, I've been a **** in the past, but I'm getting it together...look at my lady...look at my money...look at my body in my FB profile picture... With all of that only 54 friends and VERY few "likes" or replies. And then...nothing. No more posts. Something happened after July 20...
Did he lose the girl...the new job...? Was living a straight life too hard? Did he resort to his old ways? Was he beginning to do jobs for others for quick cash. Could this be a ransom or hit for someone else?

Motive? Motive? Motive?

MOO http://www.websleuths.com/forums/sho...6#post11029626
 
We so smart lol

Quote Originally Posted by mpnola View Post
Something that strikes me about his text and call logs--- other than crystal, most numbers are only texted/ called in a block on one day and then not repeated. I am wondering if this is other houses they were trying to see/ realtors they were trying to kidnap. Even Beverly's only started the day before she was kidnapped. I am guessing there are more on Crystal's log, but as far as Arron's TextMe number, the communication started the day before.

***08-27-2015, 02:05 PM #638 jstkiddn
Random sex hookups? Just a guess from all that we know about him/them. We have to keep in mind that this wasn't his only or even his actual phone number. This was a fake number he gave out to those he didn't want to know his real number and obviously one he thought he could hide behind during the commission of a crime.

It would be VERY interested to see a similar call/text log from his actual cell phone provider. Who knows...maybe it will show up next.
http://www.websleuths.com/forums/sh...e-Rock-25-Sep-2014-10&p=12024438#post12024438
 
08-27-2015, 09:59 PM #653 mpnola
Yeah, I think there is a possible other person on the 870 number, as Arron needed to have a setup for the other person he was going to name as his accomplice. I still feel like it was Crystal, though, because there are tons of texts!

Also, he texts himself from his TextMe phone # to his regular cell # several times on 9/23. Not just one way, but back and forth. I am not sure how that works- were there 2 different actual phones?

One more thing--- For Arron to claim he is innocent, what would be the reason he STOPPED using his phone after beverly went missing. If he didnt do it, wouldnt he be using his phone, as usual? He got a few calls/ texts after she went missing, but he did not call or text anyone after. Last message sent- to bev phone 9/25 at 22:34. last call made- to bev phone 9/25 8:58pm 15 min convo. Then all outgoing activity stopped. Sounds anything but innocent, to me!

I hope you get what you deserve, Arron! One down, one to go. How dare you treat a worthwhile human like she was worth nothing. Beverly did more before breakfast than you both did in your entire lives. You are where you belong forever

***********
Wonder too what the texting back and forth from AL real number to his textme number. In testimony at OH they said that CL didnt have the Textme App on her phone on 9/25 it had been restored or hard wiped on 9/14 iirc. BUT they also said the app could be on any electronic device. Like iPad and that CL had one of those. One was also gotten from the home per the documents. So it could be possible CL was using the Textme from the iPad to AL real number? But as far as him not using his phone as MPNOLA and some of us were curious about back then, he very well could still have been using his real number, which we have no records of real phone number records. *it was stated in testimony in court though that BC cell phone records were cross referenced to to CL real phone number. IIRC possibly AL too. But BC land line records were not gotten.

JMHO
 
Quote Originally Posted by mpnola
Also, he texts himself from his TextMe phone # to his regular cell # several times on 9/23. Not just one way, but back and forth. I am not sure how that works- were there 2 different actual phones?

08-28-2015, 05:32 AM #654 jstkiddn
I'm not positive how it all works either, but I am assuming that you sign in to the app just like you would a FB or Instagram app....with a username and password. Therefore, maybe one can sign in to that TextMe account from any phone that has the app installed?

I found the following in the FAQ section on the TextMe site: https://textme.zendesk.com/hc/en-us/...tiple-devices-

****
Can I use my account on multiple devices?

Avatar Anna
December 15, 2014 22:45
Yes, you can use your FreeTone or TextMe account on multiple devices logging with your informations.

Be aware that your messages will be received on one device only (the device where TextMe is active). Your messages can not show up on multiple devices.
******http://www.websleuths.com/forums/sh...e-Rock-25-Sep-2014-10&p=12026030#post12026030
 
arkansasmimi said:
I KNEW I had heard a diff amount that was allegedly in BC account than the $124 in checking and $0 in savings that was told in court testimony. * still thing there is a video telling a diff amount than this havent relocated that yet.

Originally Posted by zxbeer
http://www.arkansasonline.com/news/2...r-realtors-me/

Jstkiddn 8/20/15 #600
Thanks for posting!

A few things were of particular interest:

Carter said there are a lot of details that he would like to share about his mother's case, describing the killing as part of an "elaborate scheme."
As he spoke about his mother's death, Carter raised up a roll of duct tape to the audience.

"I want you to visualize something is happening: You're showing your property and something just went wrong," he said as pieces of duct tape lay in front of the Realtors in attendance. "Your life just got turned upside down."

"When they kidnapped my mother, the whole intention… was to hold her for ransom, to get money out of our family," he said. "When they took her, they not only forgot her purse but they quickly realized that she only had $67 in her checking account — a huge miss."

The last quote in particular I found interesting. How did they find that out? Did they take Beverly (or just her card) to an ATM machine to withdraw money? If so, they had to have kept her alive long enough to get a PIN number. But if it was in her purse....which was left behind in the car.....how would they have done that? I guess what I'm trying to figure out is how they discovered she only had $67 in her checking account without the purse? One would assume her ATM card was in her purse, right? http://www.websleuths.com/forums/sh...e-Rock-25-Sep-2014-10&p=12011743#post12011743

****
Click to expand...



They could have made her pull her bank account up on the Internet. I can access mine on my cell or computer.
 
Can also call automated number to get banking info.

Maybe the account showed a certain amount, and check register a different amount, as checks written hadn't cleared yet? CCJR said he was handling the finances after her surgery, so he would have known her balance via check register.
 
:silly:
So I just go and check to see if possibly anything else been filed under AL name (I always check under CL name as it the first one on the list lol) OMG :giggle: on the 12th of Jan a summons was written and served on the 13th (day of jury duty and first day of trial) for another individual by same name but the incorrect spelling of AL can you imagine being the process server? LOL or the individual lol

Ok just an OH WOW poor guy... moving along .. he ...and I lol
 
So much for AL's big, so-called, high-profile attorney. Yeah, he got some things suppressed and some things thrown out, but there just wasn't any more tricks left to pull out of his hat. And in all actuality IMO, the defense they were trying to use - regarding the alleged sexual acts, etc - was a pretty lame defense and obviously did NOT work. With all of this attorney's so-called notoriety that's been mentioned so many times here and there, he sure made himself and his client look like fools this time around and this case probably won't gain him much attention.

Yeah, I know there is an appeal (mandatory one) and I highly doubt anything will change. I could be wrong but it's JMO, I think he (AL) is gone away for a longgggggggg time and is right where he deserves to be!!!
 
NWLady said:
So much for AL's big, so-called, high-profile attorney. Yeah, he got some things suppressed and some things thrown out, but there just wasn't any more tricks left to pull out of his hat. And in all actuality IMO, the defense they were trying to use - regarding the alleged sexual acts, etc - was a pretty lame defense and obviously did NOT work. With all of this attorney's so-called notoriety that's been mentioned so many times here and there, he sure made himself and his client look like fools this time around and this case probably won't gain him much attention.
Click to expand...

Don't confuse the defense attorney for the defendant or the case he's been handed. No matter how good they are, they are limited by the defendant they have (who has the final say in how the case will be defended) and the case they have to work with (they can only do so much to minimize damning facts). The idea that an excellent defense attorney is always going to be a "get out of jail free card" is TV fiction.
 
NWLady said:
So much for AL's big, so-called, high-profile attorney. Yeah, he got some things suppressed and some things thrown out, but there just wasn't any more tricks left to pull out of his hat. And in all actuality IMO, the defense they were trying to use - regarding the alleged sexual acts, etc - was a pretty lame defense and obviously did NOT work. With all of this attorney's so-called notoriety that's been mentioned so many times here and there, he sure made himself and his client look like fools this time around and this case probably won't gain him much attention.

Yeah, I know there is an appeal (mandatory one) and I highly doubt anything will change. I could be wrong but it's JMO, I think he (AL) is gone away for a longgggggggg time and is right where he deserves to be!!!
Click to expand...
To be fair, the guy had to play the cards he was dealt. Can't make chicken salad out of chicken poo. ;)

He said in a post trial interview that the sex story was the one AL had been telling since he was first brought in, so I assume that's the only thing he had to work with. I can only imagine how persistent AL can be when he wants to be.

I'm wondering if that sex story wasn't the issue between AL and his first lawyer? That lawyer was "on watch" when the sex story was first concocted...he watched it evolve..... and I'm sure when it was first said, he balked and advised against using that story. AL was having none of that! So, AL remembers his own "legal experience" and decided to play his own lawyer. He eventually realized he was waaay in over his head and then James gets the call.

I'm not sure how it all works, but I bet James could have turned it down and I wonder if he had realized at the time what kind of clown he was dealing with, if he would have?! Lol.

I'm sure James wasn't used to dealing with clients with an ego as big as his own. ;) I'm not too sure exactly how much control James had over th3 defense and over his own client's mouth. He can say what he wants in interviews, but I PROMISE he begged AL to stay the hell off the stand. AL and his ego was going to have none of that. The Arron Show must go on!

At the end of the day, I'm glad that AL got the high powered lawyer because it's less chance he can cry he was not sufficiently represented.
 
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