Realtor-death suspect to act as own lawyer

Judge agrees but cautions man accused with his wife

In this file photo Arron Lewis (L) is escorted from the Pulaski County Sheriff's department by investigators after being interrogated, September 30, 2014.
In this file photo Arron Lewis (L) is escorted from the Pulaski County Sheriff's department by investigators after being interrogated, September 30, 2014.

The Jacksonville man accused with his wife of kidnapping and killing a real estate agent who vanished while showing a home will represent himself at trial despite a judge's warning that he doesn't know enough about court procedure to defend himself on capital-murder and kidnapping charges.

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Arron Michael Lewis' trial is set for July. Prosecutors announced Wednesday that they will seek a life sentence rather than the death penalty for both Lewis, 34, and his wife, Crystal Hope Lowery, 42.

The two will be tried separately, but Lowery's lawyers, Bret Qualls and Lott Rolfe IV, on Wednesday declined to schedule trial for their client, asking instead that the judge schedule Lowery's next appearance at her husband's July 7 trial.

The two are accused of abducting and killing Beverly Lownes Carter of Scott in September. The 50-year-old real estate agent had told her husband she was going to show a Scott home to a client, but she wasn't at the house when he went to look for her several hours later. Her body, bound with duct tape, was found five days later buried behind the concrete plant where Lewis had worked.

Lewis was arrested the day before Carter's body was found. His wife was arrested a month later. Both remain jailed ahead of trial.

Little information has been released that connects Lewis and Lowery to the slaying. Carter's cellphone was found in their home before her remains were discovered. Investigators say Carter's phone called Lowery's phone for about 16 minutes the night Carter was killed.

At Lewis' court appearance on Wednesday, his lawyer, Jim Hensley of Conway, told the judge that Lewis wanted to act as his own lawyer. In court filings, Hensley said he had volunteered to represent Lewis for free.

"I want to terminate my lawyer," Lewis told Pulaski County Circuit Judge Herb Wright. "I do not wish Mr. Hensley to represent me."

Lewis needed the judge's permission to dismiss his lawyer, Wright told him.

"You can't terminate your lawyer without permission of the court," Wright said.

Chief deputy prosecutor John Johnson questioned whether Lewis was asking to represent himself or have a lawyer appointed.

But Lewis said he wanted to proceed on his own, which prompted the judge to question him closely about whether he understood that he faces a potential life sentence and how much knowledge he has of the rules of evidence and criminal procedure.

Cautioning Lewis, Wright said he can't help him if he overlooks evidence favorable to his case or if he fails to properly object to evidence offered by the prosecution.

"I'm going to treat you just like any other attorney," Wright said.

The judge also questioned how Lewis, who is in prison, would be able to prepare for trial by conducting witness interviews and examining evidence if he's behind bars. But the defendant did not appear to be deterred.

"[It's] not much different than what's happening now," Lewis said.

Lewis' only question concerned when he would have access to the criminal case file compiled by Hensley, which the judge said would be turned over within a week.

Lewis, in letters to the court and the media, has repeatedly complained that Hensley has not been following his directions, although he has not said what it is that Hensley has failed to do.

He did quarrel with Hensley when the lawyer made him get a mental evaluation, which concluded that Lewis is fit to stand trial.

In that evaluation report, formally presented to the judge Wednesday, the psychologist who examined Lewis said the defendant presented a "highly negative view" of Hensley, his main complaint being that the attorney was not working closely with Lewis' wife's lawyers.

Lewis claims to have materials that will exonerate Lowery. He also told the psychologist that he did not believe that his lawyer truly intended to defend him, saying the man was only interested in the publicity of the case.

The psychologist described Lewis' expectations of his attorney as "immature and irrational," the evaluation report said.

As for his legal experience, described for the judge Wednesday, Lewis has been prosecuted in state and federal courts in three states, including Arkansas.

Lewis told the judge he had negotiated a $59,000 settlement for himself with Benton County. Federal court filings show he sued the Benton County sheriff's office, claiming that deputies in October 2011 had disregarded his complaints about chest pains and breathing problems and thus delayed getting him treatment for a collapsed lung. He reported receiving the settlement money in November 2012, court filings show.

Since his arrest on the capital-murder charges, Lewis has sued the Pulaski County sheriff's office, claiming he was beaten and manhandled, to the point of having his right arm dislocated, by deputies to get him to cooperate with the investigation into Carter's disappearance. Lewis also said the officers refused to allow him to speak with a lawyer and denied him medical treatment he requested for leg injuries he said he suffered from jumping out of a hospital window.

Metro on 03/05/2015

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