Judge again sides with defense on physical evidence in murder case, but allows use of recording of victim | Arkansas Blog

Tuesday, January 5, 2016

Judge again sides with defense on physical evidence in murder case, but allows use of recording of victim

Posted By on Tue, Jan 5, 2016 at 1:35 PM

click to enlarge ARRON LEWIS
  • ARRON LEWIS
Circuit Judge Herbert Wright again today sided with a defense request to exclude a blood spot and hair found in the trunk of murder suspect Arron Lewis' car inadmissible in his trial for the slaying of realtor Beverly Carter. He did allow introduction of a length of rope found in the car, KARK reports.

Wright has been friendly to several exclusionary motions by defense attorney Bill James, including exclusion of a statement given without an attorney present. The prosecution had argued he'd been fully advised of his rights before that.

However, the prosecution had one win today. The judge would not exclude a recording Lewis played on his cell phone for officers during the questioning that the judge said couldn't be admitted. The recording,\of the voice of the victim, could be admitted under federal court precedent, but the defense had argued stricter limits could be imposed under Arkansas law. The judge said he could find no Arkansas precedent for that argument in this case and also said he wouldn't consider an argument that the federal case was wrongly decided.

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