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

[Raptorider]

This one was public, so I could see it. He also said:



OMG....bless his heart! But man, what a spot on description. That's the same way I would describe everything about him. Just stupid, stupid, stupid!

It has to be SO FREAKIN' HARD to sit there and look at his stupid smug face and *not* just get up and jump on him!! I cannot imagine. If CC or anyone that knows him happens to be reading here, I would love for him to know that I'm sending a virtual hug and while I can so totally see why he would want to try to strangle him with his bare hands, I'm glad he didn't. I would hate for that idiot (AL) to be given the opportunity to file even more lawsuits and make the circus bigger than he's already managed to do.

I'm pretty sure his mama would be proud of how he's handled himself so far.

Funny, I already sent him a message today that stated just that. The state and country were behind him and his family and his Momma would be proud.

 

[NWLady]

I will continue to remain confident and pray that there will be Justice For Beverly. I feel so sorry for Beverly's family, friends and co-workers. I commend the family for continuing to remain strong. May the strength, reassurance and encouragement continue. I cannot even imagine how difficult this must be for all of them.

http://www.thv11.com/story/news/loc...ing-its-really-pretty-gut-wrenching/78089470/

BBM: Carl said, "I want every single piece of evidence used but even if they throw out half of it, he's going away for a long time."

 

[mpnola]

I will continue to remain confident and pray that there will be Justice For Beverly. I feel so sorry for Beverly's family, friends and co-workers. I commend the family for continuing to remain strong. May the strength, reassurance and encouragement continue. I cannot even imagine how difficult this must be for all of them.

http://www.thv11.com/story/news/loc...ing-its-really-pretty-gut-wrenching/78089470/

BBM: Carl said, "I want every single piece of evidence used but even if they throw out half of it, he's going away for a long time."

I agree. Neither of them will be able to hurt another free person for a long time. Thankfully.

 

[KayKay.85]

This one was public, so I could see it. He also said:



OMG....bless his heart! But man, what a spot on description. That's the same way I would describe everything about him. Just stupid, stupid, stupid!

It has to be SO FREAKIN' HARD to sit there and look at his stupid smug face and *not* just get up and jump on him!! I cannot imagine. If CC or anyone that knows him happens to be reading here, I would love for him to know that I'm sending a virtual hug and while I can so totally see why he would want to try to strangle him with his bare hands, I'm glad he didn't. I would hate for that idiot (AL) to be given the opportunity to file even more lawsuits and make the circus bigger than he's already managed to do.

I'm pretty sure his mama would be proud of how he's handled himself so far.

That's just heartbreaking to watch! Carl Jr is sooo right on about the legal "games" being played. Yeah, so what if it's "legal" to play the games, it just is far from fair to Beverly and her family. The defense is more or less making Arron Lewis out as the freaking victim when Beverly was the true victim who encountered these two EVIL people!!! So very unfair! However, I totally agree with Carl...let them throw out 1/2 the evidence, this dude is going down and away for a very long time!!

Link to interview with CC, Jr. following today's hearing:

http://www.thv11.com/story/news/local/2015/12/30/beverly-carters-son-reacts-to-evidence-hearing-its-really-pretty-gut-wrenching/78089470/

Sent from my SAMSUNG-SGH-I317 using Tapatalk

 

[arkansasmimi]

Rethink Lewis evidence, judge urged
For third time, prosecutors ask that items taken from car be allowed in trial
By Claudia Lauer
This article was published today at 2:51 a.m.
<snip>
In previous court filing, chief deputy prosecutor John Johnson stated that deputies had collected materials during a lawful inventory search of the car, which had been wrecked in a traffic accident. He argued that all of the car evidence should be allowed in the trial because deputies would have found it anyway while inventorying the car's contents.

Wright ruled that it was clear that authorities had not obtained evidence from the car through a routine inventory of its contents when it was towed.

Among the items that investigators reported finding in the car were green duct tape and white rope.

"I'm not necessarily saying that the tape would not or would have automatically been included in an inventory search, but the fact of the matter is that in the inventory vehicle storage report that was completed ... white rope was noted in that report," Johnson said. "The point is not what they are or are not supposed to issue in the inventory search, the point is whether or not they inevitably would have gotten to the trunk to see the trunk."

Johnson submitted photos of the car's trunk at Wednesday's hearing, showing that when it was opened blond hair matching Carter's was immediately visible.

Lewis' attorneys argued that an inventory search cannot be used to rummage for evidence. They also argued that an inventory search is for items of significant value to make sure nothing is stolen or lost during the car's impounding.

"They towed it from the scene, which the whole point of inventory is to do it before you tow it so that there's no claims of loss or damaged property. Once you tow it from the scene, you've lost that motive, that rationale," said Lee Short, one of Lewis' attorneys.
http://www.arkansasonline.com/news/2015/dec/31/rethink-lewis-evidence-judge-urged-2015/

 

[arkansasmimi]

This is what the Def was arguing, that per the PCSO Policy, that inventory search
page 2/3 Pros Motion

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

And that the accident report completed by Officer Clay Almond, wrote that the wrecker was "owner request", Sgt Mike Blain stated that was wrong that HE ordered the veh towed. Yet for some reason Sgt Blain didn't complete any reports stating this or any from the accident report. *note the report also states the veh was towed to the address of Ryno Towing in Cabot Ar, but was actually towed to a crime scene bay at PCSO.

Learned something new yesterday the white line on the passenger side of the road is called a "fog line"
Officer Sgt Shane Hastings said car was on its passenger side, flipped up and AL was crawling out top when he arrived. He stated that approx 1ft of the veh was in the roadway. When AL took stand he stated none of the veh was in the roadway.

*note from Nov 16th OH, Lt Mark Swagerty (who was following AL and is one who took AL phone from him in ambulance because it was the number that had been corresponding with BC phone) he said two things, first that when he got to the scene AL was climbing out of the driver side, then he said that AL came walking up to him asking him if he saw that car that ran him off the road.. that is when the Def asked if he was in a marked veh or dressed in uniform, or if he told AL that he was an officer. Answer was NO.

AL included these in exhibits in his civil case Arron Lewis V John F Johnson filed Oct 13 2015. Then he amended and took out Sgt Mark Swagerty.

 

[arkansasmimi]

Carl Jr just posted that the hearing is over. Back again on Tuesday.

:welcome4: :greetings:

 

[arkansasmimi]

I wish some who saw the wreck would comment if car was in ditch or not from their observation. This shows driving, but if it flipped on its passenger side not flat down... just now sure. We didnt get to see the pictures, but they along with the accident report were admitted into evidence (pictures by State, accident report by Def)

 

[arkansasmimi]

This is what the Def was arguing, that per the PCSO Policy, that inventory search
page 2/3 Pros Motion

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

And that the accident report completed by Officer Clay Almond, wrote that the wrecker was "owner request", Sgt Mike Blain stated that was wrong that HE ordered the veh towed. Yet for some reason Sgt Blain didn't complete any reports stating this or any from the accident report. *note the report also states the veh was towed to the address of Ryno Towing in Cabot Ar, but was actually towed to a crime scene bay at PCSO.

Learned something new yesterday the white line on the passenger side of the road is called a "fog line"
Officer Sgt Shane Hastings said car was on its passenger side, flipped up and AL was crawling out top when he arrived. He stated that approx 1ft of the veh was in the roadway. When AL took stand he stated none of the veh was in the roadway.

*note from Nov 16th OH, Lt Mark Swagerty (who was following AL and is one who took AL phone from him in ambulance because it was the number that had been corresponding with BC phone) he said two things, first that when he got to the scene AL was climbing out of the driver side, then he said that AL came walking up to him asking him if he saw that car that ran him off the road.. that is when the Def asked if he was in a marked veh or dressed in uniform, or if he told AL that he was an officer. Answer was NO.

View attachment 86364View attachment 86365 AL included these in exhibits in his civil case Arron Lewis V John F Johnson filed Oct 13 2015. Then he amended and took out Sgt Mark Swagerty.

ETA> Rereading the accident report, it states that the veh was on top of the culvert, as if in the drawing, nothing about it being on its side, but so far all that have testified stated that veh was flipped up, passenger side down. So possible it was not totally up on its side, but thats the impression given by Lt Mark Swagerty and Sgt Shane Hastings. JMHO

 

[arkansasmimi]

I always want to see it all so here is the complete accident report, or as complete as I have seen anyway. Again these were exhibits from one of AL Fed Civil Suits.

 

[arkansasmimi]

JMHO, when I stated yesterday that I didn't think the Judge would change his mind, it was just my opinion because other than the witnesses being called what was presented was same stuff as in his(State Pros) written MOTION TO CONSIDER INVENTORY SEARCH OF FORD FUSION https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=96CVC43Z1X2YHF5OO0P1H33RQDQ7BZ. Having the witnesses, again jmho, hurt the issue more than helped because they pointed out that the accident report was not factual and that Sgt Blain ordered the veh towed but didnt do any report on it backing it up and that AL could have been able to have someone tow his veh. Def asked AL if could have called someone if hadnt had phone taken, answer YES, State asked AL if asked anyone if he could call someone to tow answer NO.
Big thing to me (just an observer) was the "inventory" reasoning. Being something owner could say the officers stole or broke so forth. Again this is just all my opinion, matters to no one but me.

 

[arkansasmimi]

Grrrr
Arron Lewis forgoing insanity defense in Realtor slaying
By Aziza Musa
This article was originally published December 30, 2015 at 3:43 a.m. Updated December 30, 2015 at 5:59 a.m.

Carter, 50, disappeared in September 2014 after going to show a house in England to an unnamed client. Her body was found four days later.
http://www.arkansasonline.com/news/2015/dec/30/accused-forgoing-insanity-defense-20151/

HOUSE WAS IN SCOTT !!!!! :banghead:

 

[arkansasmimi]

Per Accident Report completed by Clay Almond (has been subpoena by State per docket as well as Kim Martin, witness at accident)

Clay Almond Dispatched to Wreck approx 955am
Mems notified 1005am
Mems arrived 1010 am
Per the report Mems was already there treating AL when he arrived.

That is 15 min at least before the officer working the accident arrived.
Here is another exhibit from same suit as the one with accident report. It says that veh was on culvert on its passenger side.

*Note, in testimony Nov 16, 2015 Lt Swagerty stated that they only knew of a slinder white male and dark colored veh, not the make, model and tag number. In this Supplemental Report, it refers back to the Orig Report, I am assuming that would be the Missing Person Report. Alot of that was redacted or appears so unsure what else it says than what we can see http://inmannews.wpengine.netdna-cdn.com/wp-content/uploads/2014/09/Beverly-Carter.pdf <Missing Person Report

 

[arkansasmimi]

Something else just noticed. In this Supplemental Report, it says he took AL Apple iPhone.

Yesterday, Sgt Shane Hastings was reading list of items on the inventory report, that is where the Samsung Galaxy phone came from. It was in the inside of the veh (not in the trunk I mean) so wonder whose phone that was? Also was charger for the Galaxy and white ear buds

Was not said but jmho Sgt Hastings may have been one of the ones also doing surv on the house. Someone else told Swagerty that AL had gotten into the black car, Swagerty was "in the church parking lot". Unsure where that is I just thinking was at another point in the surv area. Sgt Hastings testified when he arrived on the accident scent AL was hanging out drivers the side of veh, which was partially on its side. He is who called the wrecker service per orders from Sgt Blain and he inventoried it but was told to not do trunk by Sgt Blain as it was being towed for evidence. Sgt Blain was not present when veh was towed. Sgt Hastings testified that this was the first time since he has been with PCSO (2010) that he has ever not inventoried a trunk.

Sgt Blain said he never seen the accident report that Clay Almond wrote. When asked if he knew who the officer was he said yes, knew him very well.

 

[arkansasmimi]

David Harris from the Ark State Crime Lab, was asked by the PCSO to look at and help process a Ford Fusion at the PCSO Crime Bay. Area was locked, a single bay area.

Processed, showed pictures taken after they opened the trunk.
State evid #8 trunk liner, that had shifted to 1 side
#9 same item as #8 diff angle
#10 piece of tape
#11 same piece of tape diff angle
State: Did you move the trunk liner: Answer Yes
#12 another piece of tape
#13 same piece as #12 diff angle
Did you see any hair? Answer yes, saw a hair,
Were you familiar with the victims hair color? Yes Blond

In his Final Words that the Judge gave both State and Def time to argue, State Pros said that searching the trunk further there were other hairs collected but were unable say which were in connection to Beverly Carter.

Def Attorney Lee Short, argued that the Inventory Search was illegal because the car was deemed evidence from the beginning and they were looking for incriminating evidence. The PCSO purpose was to find evidence they didn't give the driver opportunity to get car towed and he wasn't under arrest. Said Sgt Hastings didnt follow the PCSO policy procedure but that he was following orders of Sgt Blain. PCSO police doesn't say "hair" as something to be in inventory report. *jmho but he was coming from house that was under surv*

State Pros final word, was he agreed But inventory report did list the rope, phone charger (other items listed found inside car other than the stuff in trunk) and says the stuff in the trunk would have been found on inventory search if hadn't been a search warrant sought and issued.

**JMHO but on inventory as they explained it, that stuff in trunk still wouldn't have been listed as inventory even if they had opened it at the accident scene. Appears that would be stuff that would be on a search warrant.

 

[arkansasmimi]

So now we know how CL found out, per AL she was 2 or 3 blocks from accident (at least when he was sitting on side of ditch waiting, prior to going in ambulance and getting phone taken by Swagerty)

He had his iPhone and a Galaxy phone in car, CL followed the ambulance to hospital.

Prior hearing AL stated that when he left the hospital he tried to phone or text (must have used someone else phone when he was at Goodwill or at the Walmart iirc thats where the person gave him $20 because he told them he just got out of hospital, still had the iv needle in his arm.) CL wouldnt answer. VI #1 &2 said that CL met the cops at the hospital and gave them her phone (without a warrant)

CL per VI#1 had another phone from home activated same number after she gave cops her phone. VI#2 said CL did have another phone activated but that was NOT the same number.

DANG HOW MANY PHONES DID THESE PEOPLE HAVE?????

 

[beaglebrd]

I don't understand why the trunk was not opened at the scene of the wreck. What if BC had been in there alive? He was being watched and followed, and I understand not under arrest. I mean, now we know she was in the trunk. Did they ever say if the hair was from a live or deceased person? I have a feeling BC was in the trunk both alive and dead. Unless we are to believe AL's affidavit.

 

[arkansasmimi]

New Motion filed.
12/31/2015
12:55 PM MOTION SUPPRESS JAMES JR , WILLIAM OWEN
Entry: Alleged Phone Recording of Beverly Carter
Images WEB https://caseinfo.aoc.arkansas.gov/c...=P&case_id=60CR-14-3928&begin_date=&end_date=

 

[arkansasmimi]

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
FOURTH DIVISION
STATE OF ARKANSAS PLAINTIFF
v. CR 14-3928
ARRON LEWIS DEFENDANT
MOTION TO SUPPRESS ALLEGED PHONE RECORDING OF BEVERLY CARTER
COMES NOW, Defendant, Arron Lewis, by and through counsel, James Law Firm, and for his
motion to suppress alleged phone recording of Beverly Carter, states:
INTRODUCTION
In a previous hearing this Court heard testimony concerning the interrogation of Arron
Lewis after his arrest. This Court determined that the interrogation was unlawful because Lewis
had invoked his right to counsel. This Court ruled that the State could not use the statements
made by Lewis against him except as impeachment should Lewis testify at trial.
Further, this Court heard testimony that during the illegal interrogation Arron Lewis
played a recording on his cell phone. This Court determined that the recording would be
admissible in accordance with the United States Supreme Court ruling in United States v.
Patane, 542 U.S. 630 (2004). This Court is now being asked to exclude the recording under the
Arkansas Constitution and/or the Arkansas Rules of Criminal Procedure, which are not governed
strictly by the United States Constitution and can create further prophylactic measures

 

[arkansasmimi]

I. 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.
The Arkansas Constitution protects against self-incrimination and guarantees the right to
counsel. Ark. Const. Article 2, Sections 8 and 10. Thus, the question becomes whether this
Court should deviate from federal precedent with regards to the Arkansas Constitution.