GUILTY AR - Beverly Carter, 49, Little Rock, 25 Sep 2014 - #10

[arkansasmimi]

I must have missed the interrogatories. Will someone please let me know where I can find them?

Wasn't sure how to find the prev. Downloaded from Pacer account.

 

[arkansasmimi]

Do we know if AL prevails in these suits, other than prosecution being required to suppress the information at trial, can it effect the prosecution of his case, as a whole? I don't know the law regarding reading the mail of a prisoner. It seems like mail to an attorney would be privileged. The fact that it wasn't dismissed seems to support that his claim could have merit. Just wondering if the end result of this, if in his favor would be monetary, to suppress information, or to throw out the entire charge.

I do not have Legal education, but it does concern me. He already confessed to Kidnapping Beverly and Crystal has already plead Guilty to First Degree Murder and Kidnapping.

The fact that the Prison Guard not only allegedly read but also confiscated his legal mail worries me that he may get something not allowed on a technicality of some sort. I can understand if it were me... who knows what was in that mail to his attorney, Arron could say that they copied and shared with whomever. Could be true or not. Here is his objection to the part that was dismissed.

 

[111addict]

Thank you very much. I have some reading to do today. Sick in bed for two days, so it gives me something to do.

 

[arkansasmimi]

And we know from Arron lawyer letter that it must have happened. next to last pg iirc is his attorney letter View attachment al adoc doc mail.pdf

View attachment al v tucker re mail feb 24 2015.pdf

View attachment al response to magistrate order re mail 3 6 2015.pdf

 

[111addict]

I don't know how all of that works, but my concern would be her saying she took the plea, based on what they saw in that letter he wrote. The family really needs justice in this case. It will make me sick if those two get off on a technicality. You are right, though. They did confess with their own free will, so I have to have faith that our justice system will hold them accountable. If it is the law that mail should be private, then shame on that guard, though. MHOO, that shouldn't release either of them from paying for their crimes. Whatever was in the letter should unfortunately be inadmissible, and the guard should be held accountable for wrongdoing. Again, just an opinion.

 

[Nehemiah]

Personally, I dont necessarily believe the ex-boyfriend thing. I think that was thrown at us to derail some good sleuthing momentum. I think it was thrown in as a way to make Crystal appear innocent. I think it was a fabricated part of the timeline. We questioned then that it was very odd for her to go to an ex-boyfriend while she is still married instead of going to a friend's house. Especially since she reportedly had so many close, wonderful and supportive female friends. That's just my opinion.

I totally agree.

I think we got quite a few fabrications.

 

[arkansasmimi]

Thank you very much. I have some reading to do today. Sick in bed for two days, so it gives me something to do.

Sorry your not feeling well. Hope you feel better soon. I have read thru multiple times and see something different every time haha. I take notes as I go.

On the Pulaski Cty, its pretty plain in their own words, their own procedures weren't followed. I dont have legal education so I am not sure how it will play out.

I scanned I havent seen another "high profile case" where the defendant filed suit so fast, very possible I missed. I thinking maybe caught them off guard ? I am speaking of the medical care. A member here is an RN and we had discussed this somewhere in these threads.

I know as with the news conf Sept 30. you have to pay attention to the words used, lol as they weren't seeking any other suspect at this time. They weren't.They already had their suspects under observation....JMHO.

 

[arkansasmimi]

Thank you very much. I have some reading to do today. Sick in bed for two days, so it gives me something to do.

lol and its too hot here to do anything outside, so chilling and reading indoors

 

[arkansasmimi]

All settled in http://adc.arkansas.gov/inmate_info...nt_vc=3&_ga=GA1.2.398964329.1436662248&_gat=1

 

[arkansasmimi]

I don't know how all of that works, but my concern would be her saying she took the plea, based on what they saw in that letter he wrote. The family really needs justice in this case. It will make me sick if those two get off on a technicality. You are right, though. They did confess with their own free will, so I have to have faith that our justice system will hold them accountable. If it is the law that mail should be private, then shame on that guard, though. MHOO, that shouldn't release either of them from paying for their crimes. Whatever was in the letter should unfortunately be inadmissible, and the guard should be held accountable for wrongdoing. Again, just an opinion.

Crystal Lowery PLEAD GUILTY to First Degree Murder AND Kidnapping, she can not appeal. She is guilty in the eyes of the law. She plead on her own free will and told the Judge when he asked if she was pleading because it was in fact true that she was guilty and she said yes.

NOW, on Arron, who knows. I agree Beverly Carter Family needs Justice. I am also concerned with the lawyer that Arron has. If you will research his prev clients, he has alot of high profile cases, and many have had multiple mistrials....Its the Pros job to prove their charges beyond a reasonable doubt. Pros said after Crystal plea that they have a strong case. Def will try and create reasonable doubt. I would love to be a fly on the wall when the depose Crystal Lowery....

Its kinda crazy on the mail thing too. All the exhibits Arron has attached, say that the legal mail is only suppose to be inspected for contraband (they are saying the letter to CL is contraband because of the letter the Warden denied AL request to write to her) The judge is allowing his First Amendment rights part of case to go forward, research wise, it will be interesting. JMHO If it were me (thankfully it not lol, but I can understand the frustration.... and I am in no way defending anyone wrong doing of any crime)

 

[arkansasmimi]

I have faith in the Judicial System. Its all we have and it is said to be the best in world. It is not without flaws. Also I wonder about those alleged 4 videos and what could be on them. Arron felt very strongly that they would shed new light on his defense.

 

[111addict]

I don't know how all of that works, but my concern would be her saying she took the plea, based on what they saw in that letter he wrote. The family really needs justice in this case. It will make me sick if those two get off on a technicality. You are right, though. They did confess with their own free will, so I have to have faith that our justice system will hold them accountable. If it is the law that mail should be private, then shame on that guard, though. MHOO, that shouldn't release either of them from paying for their crimes. Whatever was in the letter should unfortunately be inadmissible, and the guard should be held accountable for wrongdoing. Again, just an opinion.

 

[111addict]

Thank you. Having things to read helps make me rest. Otherwise, I will constantly find things to do around the house.

Do you take the last paragraph that his attorney write about not seeking a higher authority to mean it will end there, if it doesn't occur again?

 

[111addict]

Crystal Lowery PLEAD GUILTY to First Degree Murder AND Kidnapping, she can not appeal. She is guilty in the eyes of the law. She plead on her own free will and told the Judge when he asked if she was pleading because it was in fact true that she was guilty and she said yes.

NOW, on Arron, who knows. I agree Beverly Carter Family needs Justice. I am also concerned with the lawyer that Arron has. If you will research his prev clients, he has alot of high profile cases, and many have had multiple mistrials....Its the Pros job to prove their charges beyond a reasonable doubt. Pros said after Crystal plea that they have a strong case. Def will try and create reasonable doubt. I would love to be a fly on the wall when the depose Crystal Lowery....

Its kinda crazy on the mail thing too. All the exhibits Arron has attached, say that the legal mail is only suppose to be inspected for contraband (they are saying the letter to CL is contraband because of the letter the Warden denied AL request to write to her) The judge is allowing his First Amendment rights part of case to go forward, research wise, it will be interesting. JMHO If it were me (thankfully it not lol, but I can understand the frustration.... and I am in no way defending anyone wrong doing of any crime)

I thought someone posted that if she refused to testify, or didn't testify honestly that the plea deal could be thrown out. It is good to know she cannot appeal.

 

[mpnola]

I am going to bring forward a couple of my past posts regarding the letter thing. I know it isn't anyone's intentions, but I start feeling like we are getting back to helping out the criminals instead of fighting for Beverly. So, if Arron's side can get some information how to help themselves, I will give Beverly's side some information (not that nay of them need it, I jest feel the need to balance it with one for Beverly). Arron is a manipulator. Everything he does is to manipulate. He will always be trying to do illegal stuff, then claim his rights are violated. Its really annoying and enough is enough out of that damn abusive a*****e.

Here was my post from 3-18-2015, Post #1474

I still don't think they were wrong. I know so little about the law that I can't say exactly what I want in the right words, but certainly, just because a PRISONER writes "legal Mail" does not make it where it can't ever be opened. Otherwise, they would all mark legal mail on every letter. These are criminals the prison is dealing with. They would never have a system that allowed for completely blind correspondence to come and go, without any chance of it being opened (I'm not saying they open every one, but that the prisoners know it has a chance of inspection).

Here are a couple of articles that lead me to believe the same thing:
http://www.aele.org/law/2007JBJUN/2007-06MLJ301.pdf
Because of concerns over attorney-client confidentiality, the general rule is
that, while incoming legal mail may be opened and inspected for contraband, it
should generally be opened in front of the inmate, and it should not be read.
Courts have applied similar principles to mail between legislators and public
officials and prisoners. In at least one recent case, Meador v. Pleasant Valley State
Prison, No. 1:05-CV-0939, 2007 U.S. Dist. Lexis 26505 (E.D. Cal.), a court found
that it did not violate these principles to have opened mail from a court to an
inmate outside of his presence despite it having been marked "legal mail," because
it merely contained court documents which were public record, and concerning
which there was no confidentiality at all. The reason for the requirement that legal
mail be opened in the presence of an inmate is to help assure that it is not read.

http://blogs.findlaw.com/ninth_circu...y-9th-cir.html

Prisoners' mail is almost always subject to being opened and read thoroughly by prison officials looking for contraband, which can include attempting to exchange information between gang members, for example. Legal mail, on the other hand, is supposed to be sacrosanct: Guards aren't supposed to open mail marked "legal mail" unless they suspect it's not legal mail; and even then, they can't read it that thoroughly.

Last week, the Ninth Circuit allowed a case to proceed in which a guard went well beyond scanning legal mail to make sure it's really legal mail. In a dissent, Judge Jay Bybee said that a single instance of a prisoner's mail being read one time doesn't amount to a constitutional injury.

It seems that the guards are allowed to open even legal mail, but are not supposed to read it well, but rather more of a skim. They are encouraged to do that in front of the prisoner, so they can see what was done. That is what they did!

I have said this before- I think he would have had more of a case if he had, in fact, been sending a legitimate letter. But he wasn't! It was considered contraband. HE was wrong. They were astute to the fact that he was up to something shady. They opened the letter in front of him. They did not read the whole thing. They scanned and skimmed and saw the last page was to Crystal- not his attorney. I don't think they were wrong. I think he is always trying to loophole and skirt the system and they happened to catch him at the right time. Loose lips sink ships. He had just been in court screaming about not being able to write letters to Crystal and them being returned. Then, all of a sudden, he has "legal mail". Ok, brother. Ok. Move along.

 

[mpnola]

While scanning my old posts looking for the letter post, I came across this post I made on 1/12/2015 at 1:33AM. Maybe I should get a penny for seemingly being pretty right! Just please don't take a dime for every time I was wrong! If I have to guess again (I know, pushing my luck, now!), he is probably pretty mad that she took a plea first, which gives him less room to do the same. I think she moved faster than he was expecting.

Yes. It is clear that he files all information to be used for himself or against someone else later. Best thing she could do for herself is roll on him and come off with the whole truth for a reduced sentence. Problem is, he pre-plans! Although he no doubt told her his big plan to keep her safe through the entire ordeal, he has a Plan B to show just how deeply she was involved if she decides to flip. That's my theory that I feel pretty confidant about.

ETA- likely that deep involvement was actually having her kill her

and at 2:05am- She would have to come completely clean. She knows what he knows. Crystal will be lucky if Arron doesn't tell what he knows first! He has extremely loose lips. He has a near photographic memory for details. And we all know it is not above him to try to harm her for his own gain- his extortion attempt. Neither of these charged kidnappers and murderers will walk free, that is my opinion, but one could escape the death penalty by giving up the other.

 

[arkansasmimi]

I thought someone posted that if she refused to testify, or didn't testify honestly that the plea deal could be thrown out. It is good to know she cannot appeal.

The Pros said that if she doesnt testify truthfully then its like a broke contract, null and void. She would have to go to her own trial. Anything they say in AL trial I am assuming they could use in hers. As well as any deposition. JMHO, again, no legal education lol just from reading a lot and watching some trials.

 

[arkansasmimi]

I am going to bring forward a couple of my past posts regarding the letter thing. I know it isn't anyone's intentions, but I start feeling like we are getting back to helping out the criminals instead of fighting for Beverly. So, if Arron's side can get some information how to help themselves, I will give Beverly's side some information (not that nay of them need it, I jest feel the need to balance it with one for Beverly). Arron is a manipulator. Everything he does is to manipulate. He will always be trying to do illegal stuff, then claim his rights are violated. Its really annoying and enough is enough out of that damn abusive a*****e.

Here was my post from 3-18-2015, Post #1474

I still don't think they were wrong. I know so little about the law that I can't say exactly what I want in the right words, but certainly, just because a PRISONER writes "legal Mail" does not make it where it can't ever be opened. Otherwise, they would all mark legal mail on every letter. These are criminals the prison is dealing with. They would never have a system that allowed for completely blind correspondence to come and go, without any chance of it being opened (I'm not saying they open every one, but that the prisoners know it has a chance of inspection).

Here are a couple of articles that lead me to believe the same thing:
http://www.aele.org/law/2007JBJUN/2007-06MLJ301.pdf
Because of concerns over attorney-client confidentiality, the general rule is
that, while incoming legal mail may be opened and inspected for contraband, it
should generally be opened in front of the inmate, and it should not be read.
Courts have applied similar principles to mail between legislators and public
officials and prisoners. In at least one recent case, Meador v. Pleasant Valley State
Prison, No. 1:05-CV-0939, 2007 U.S. Dist. Lexis 26505 (E.D. Cal.), a court found
that it did not violate these principles to have opened mail from a court to an
inmate outside of his presence despite it having been marked "legal mail," because
it merely contained court documents which were public record, and concerning
which there was no confidentiality at all. The reason for the requirement that legal
mail be opened in the presence of an inmate is to help assure that it is not read.

http://blogs.findlaw.com/ninth_circu...y-9th-cir.html

Prisoners' mail is almost always subject to being opened and read thoroughly by prison officials looking for contraband, which can include attempting to exchange information between gang members, for example. Legal mail, on the other hand, is supposed to be sacrosanct: Guards aren't supposed to open mail marked "legal mail" unless they suspect it's not legal mail; and even then, they can't read it that thoroughly.

Last week, the Ninth Circuit allowed a case to proceed in which a guard went well beyond scanning legal mail to make sure it's really legal mail. In a dissent, Judge Jay Bybee said that a single instance of a prisoner's mail being read one time doesn't amount to a constitutional injury.

It seems that the guards are allowed to open even legal mail, but are not supposed to read it well, but rather more of a skim. They are encouraged to do that in front of the prisoner, so they can see what was done. That is what they did!

I have said this before- I think he would have had more of a case if he had, in fact, been sending a legitimate letter. But he wasn't! It was considered contraband. HE was wrong. They were astute to the fact that he was up to something shady. They opened the letter in front of him. They did not read the whole thing. They scanned and skimmed and saw the last page was to Crystal- not his attorney. I don't think they were wrong. I think he is always trying to loophole and skirt the system and they happened to catch him at the right time. Loose lips sink ships. He had just been in court screaming about not being able to write letters to Crystal and them being returned. Then, all of a sudden, he has "legal mail". Ok, brother. Ok. Move along.

Oh I not defending, just going over docs. I just dont want him to get off on some BS. He already admitted he guilty of taking Beverly. And with having guns, he is also going to be a habitual offender. He going to prison. JMHO.

I just discussing case in general. But the issue here (as AL is stating) is that they opened in front of him ~ he understood, but that they read and kept his whole envelope of legal mail going TO his attorney, not public documents, and all info in the case has been sealed.

 

[arkansasmimi]

While scanning my old posts looking for the letter post, I came across this post I made on 1/12/2015 at 1:33AM. Maybe I should get a penny for seemingly being pretty right! Just please don't take a dime for every time I was wrong! If I have to guess again (I know, pushing my luck, now!), he is probably pretty mad that she took a plea first, which gives him less room to do the same. I think she moved faster than he was expecting.

Yes. It is clear that he files all information to be used for himself or against someone else later. Best thing she could do for herself is roll on him and come off with the whole truth for a reduced sentence. Problem is, he pre-plans! Although he no doubt told her his big plan to keep her safe through the entire ordeal, he has a Plan B to show just how deeply she was involved if she decides to flip. That's my theory that I feel pretty confidant about.

ETA- likely that deep involvement was actually having her kill her

and at 2:05am- She would have to come completely clean. She knows what he knows. Crystal will be lucky if Arron doesn't tell what he knows first! He has extremely loose lips. He has a near photographic memory for details. And we all know it is not above him to try to harm her for his own gain- his extortion attempt. Neither of these charged kidnappers and murderers will walk free, that is my opinion, but one could escape the death penalty by giving up the other.

Honestly, I can see him being manipulative enough that he knew she would roll and thus she set up to go down too. She knows what happened and she didnt plea to flipping 30 yrs and be innocent. Thing is we dont know any of the real particulars, but CRYSTAL does, and she didnt want to take her chance for some reason. I dont buy that she did it not to have to face people

 

[mpnola]

Honestly, I can see him being manipulative enough that he knew she would roll and thus she set up to go down too. She knows what happened and she didnt plea to flipping 30 yrs and be innocent. Thing is we dont know any of the real particulars, but CRYSTAL does, and she didnt want to take her chance for some reason. I dont buy that she did it not to have to face people

Oh, no. Shes doing 30 years because she's guilty of more! That is certain.