Arron Lewis, accused of kidnapping and killing Realtor Beverly Carter, is changing his defense from insanity to denying that he committed the crimes, his attorney said Tuesday.
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.
Lewis initially sought to use an insanity defense, but state doctors twice found him mentally sound.
"It has become apparent that Arron Lewis did not suffer from a mental disease or defect that rendered him unable to understand right from wrong or control himself," a motion filed Monday by his attorney, Bill James, stated. "Arron Lewis desires to move forward with the defense of general denial."
The change of defense comes a little over two weeks after Pulaski County Circuit Judge Herb Wright tossed out evidence that prosecutors planned to use against Lewis in his trial next month.
James also asked Wright on Monday to force Lewis' wife, Crystal Hope Lowery, to allow defense attorneys to interview her.
In a separate motion filed Monday, James sought authentication of eight items of evidence, including an online affidavit on a Facebook account under Lewis' name and Google records for an email address believed to belong to Lewis.
Wright has yet to set a date for a hearing on the motions. The case is set for trial Jan. 12.
Chief deputy prosecutor John Johnson would not comment on the motions nor on how the change in defense might affect the trial.
The latest paperwork came after Wright twice banned prosecutors from presenting evidence that was reportedly found in Lewis' car, including what authorities said are strands of Carter's hair.
Wright said earlier this month that deputies had used illegal search warrants to collect the materials in the car and from Lewis' Jacksonville home. Now deemed inadmissible are: Carter's cellphone, which was reportedly found on a dresser in Lewis' master bedroom; a cache of guns found hidden in a wall; green duct tape and white rope; 9mm bullets in a white bag; a softball bat; a Fuji camera; and an IBM laptop.
The judge also said that fiber, hair, trash and possibly blood found in the car could not be introduced as evidence in the trial.
The judge also said that investigators unlawfully questioned Lewis after he had asked for a lawyer to be present. He restricted prosecutors from using secretly taped statements from Lewis. Only a portion of the recordings -- when Lewis plays for investigators a message from Carter on his cellphone -- can be used as evidence, Wright ruled.
Prosecutors will be allowed to use cellphone records showing that calls and text messages were exchanged between Carter's cellphone and Lowery's cellphone.
Wright also has said Lowery can be a prosecution witness, despite the defense attorneys' arguments that she is prevented from testifying because of marital privilege.
Lowery is serving a 30-year prison sentence after she pleaded guilty in July to first-degree murder and kidnapping for her role in the Carter slaying. The plea deal means that she can testify about any "joint criminal activity" she engaged in with Lewis.
One of Lewis' latest motions calls for Wright to allow his lawyers to interview Lowery, something that her attorney has so far blocked. To fully prepare for trial, the defense attorneys need to interview prospective witnesses, James said, adding that prosecutors have already had that privilege.
"Here, the imbalance has gotten to such an extreme it constitutes a violation of the right to a fair trial," James said in the motion. "Not only has the State given Crystal Lowery a plea agreement in exchange for her assistance in attempting to convict [Lewis], but the State has involved this Court in adopting an agreement that compels her full cooperation with the State and has not permitted the defense counsel to even speak to her."
James wants to authenticate eight items, including an Oct. 5, 2015, handwritten affidavit on a Facebook account under Lewis' name. The 20-page affidavit includes details of how Lewis and Lowery met Carter and what led up to the abduction and killing.
Other items include emails reportedly sent by Lewis, letters Lewis reportedly sent to Lowery and email records from StevenAdams2015@gmail.com, an address that James said prosecutors are attributing to Lewis. James added that Lewis sometimes went by the nickname Steve or Steve O.
The defense's objections to the eight items are standard, James said, adding that the defense wants to prove that the items are real and are from or belonged to Lewis.
A Section on 12/30/2015