Though this is not my usual genre, as a current resident of Searcy I enjoyed the local flavor of this book. den. While there the appellant ordered lunch from the motel room service, which he and Lester ate in the room. Dr. Oscar Kozberg was a staff psychiatrist at the State Hospital and was the State's primary witness on this issue. Mrs. Varnell was later removed from the scene by the White County Coroners Office and sent to the Arkansas State Crime Lab for a forensic autopsy.. Supreme Court of Arkansas, In Banc.https://leagle.com/images/logo.png. : According to our research of Arkansas and other state lists, there were 70 registered sex offenders living in Searcy, Arkansas as of March 04, 2023. On Friday, May 15, officers with the Searcy Police Department responded to Horton Street to check the welfare of Clevenger where they found her dead. At about 3:10 P.M. the appellant executed a written waiver of his Miranda rights. , Language Dr. Taub's test results and his opinions were merely cumulative and in no way inconsistent with the tests and opinions expressed by other evidence presented by the State at the trial. The explanation of the missing State Hospital report was simply that Taub's report was not considered to be part of the file at the time the subpoena was served. The appellant contends that he should have been permitted to discover the personnel file of Policeman Lester because it contained information which would tend to impeach Lester's credibility as a witness. Lester summoned Officer Doug Stevens to be present during the interview. And in no way did they seek to exaggerate or even emphasize blood and gore. The appellant's organic brain syndrome was mild to moderate, and was certainly not severe. Gen., by Gary Isbell, Asst. The appellant arrived at Room 124 a few minutes later. Select your ideal criteria and let Scout do the rest. Lester did this and the appellant then signed the statement. Shortly thereafter, the appellant appeared at the White County Courthouse and sought to arrange a bond for her release. Over 3 million titles. The court reporter stated that it would be impossible to comply with such a request and the trial court rightfully refused it. With a crime rate of 49 per one thousand residents, Searcy has one of the highest crime rates in America compared to all communities of all sizes - from the smallest towns to the very largest cities. We have concluded that the trial court's instructions were correct statements of the applicable law which fully and completely instructed the jury on the issues in question. Victim: Identified as Robert Simmons in May 2014. Even if we assume that appellant was not aware of the identity of all those who had examined and tested him, we do not know why a timely direct inquiry as to their identity, independent of the subpoena duces tecum, would not have led to the information ultimately discovered after trial. Sorry, there was a problem loading this page. Police said the check was made due to her not showing up to work as well as not answering her phone. Cf. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. WebSearcy Police Department What: Confirms shooting incident to be murder-suicide, identifies victim, assailant Who: Josh Acevedo, 31, of Bald Knob and Cody Benton, 24, of Judsonia .orange-text-color {color: #FE971E;} Discover additional details about the events, people, and places in your book, with Wikipedia integration. Jacob Seth Varnell is scheduled to appear in court Monday for a probable cause hearing. The substance of Dr. Taub's testimony is as follows. Marty worked as a truck driver at Agri Turf in Searcy and on July 19, 1994, he requetsed to be off work on August 5, 1994 so he could "go out of town on family business". I wonder what Peggy and Berry are up to these days A true crime presentation of murder in a small town, Reviewed in the United States on February 27, 2022. SEARCY, Ark The Searcy Police Department is making a call for more officers as violence makes its way into the city and surrounding areas. Miss Hale, who was also present, recalled the appellant stating to the officers that " he would contact his lawyer and get back in touch with them.". For Searcy, we found that the violent crime rate is one of the highest in the nation, across communities of all sizes (both large and small). On the morning of September 26, 1974, the body of Fern Cowen Rodgers was discovered on the floor of her home in Searcy, Arkansas. After officers entered the home they found Stevens dead. Alarmed, Mary Claire called the police. Something went wrong. An investigation is underway. The appellant was asked by the police if he would agree to come to the prosecuting attorney's office for the purpose of discussing some new developments in the case. However, the most that can be said for the defense evidence on this point is that Dr. Rodgers was "confused". Once officers got inside they found the bodies of 36-year-old Frank Ollis and 23-year-old Jesayia Ollis. John Webster Batton, age 43, of Searcy, Ark., died Friday, February 24, 2023. It adjusts for the number of visitors and daily workers commuting into cities. STATE of Arkansas, Appellee. The chief said the majority of the crime in Searcy is petty theft. Further, we stated that this Court on appeal would review the totality of the circumstances surrounding the confession to determine whether the trial court's decision on admissibility was clearly against the preponderance of the evidence. Shores v. U.S., 174 F.2d 838, 11 A.L.R.2d 635 (8th Cir., 1949). The appellant was again informed of his rights, specifically that he had the right to remain silent and the right to have an attorney present during the interview. However, Dr. Taub left his employment with the State in November of 1974 and went to work for the federal government. Perry v. State, 255 Ark. WebSome unsolved murders in northern Arkansas include the 1998 murder of Valeria Christina Roberson, the 2000 murder of Amanda Renee Tusing, the 2001 murder of Tammy Jarvis, in journalism-mass communication from Abilene Christian University and an M.A. We spent the afternoon reaching out to family, friends, and the victims job. 18 (1964). It was alleged that the State Police had taken disciplinary action against Lester twice, once shortly before and once shortly after Lester obtained the appellant's confession herein. That is, the appellant was intellectually superior to the average seventy year old person. He was estranged from his wife and had lived in a local hotel for the five or six months preceding his wife's death. Discuss Searcy, Arkansas (AR) on our hugely popular Arkansas forum. Other US patent applications are currently pending. NeighborhoodScout provides exclusive crime risk analytics for every neighborhood in America with up to 98% predictive accuracy. Her body has been sent to the state crime lab to determine what happened @KARK4News @FOX16News pic.twitter.com/XmkxSeucxf. Relatives say former US Marine killed fighting in, What about Paul Whelan and Brittney Griner left in, Russia frees US Marine vet as part of prisoner exchange, Strike kills 50 at crowded Ukraine rail station, Pink Floyd members reunite and record song for Ukraine, US to send $100M more in military aid to Ukraine, Ukrainian poisonings kill 2 Russian soldiers: officials, National Weather Service confirms tornadoes in AR, Proposed bill would mandate teaching breastfeeding, Garland Co. sheriff releases names in shooting deaths, Garland County deputies: Man & woman dead after shooting, AST Blog: Severe Weather Awareness Week Watches, Heart of a Champion: UAM student on the big screen, Video shows student punching staff member at Little, Loophole getting Arkansans high off Delta-8 products, Do Not Sell or Share My Personal Information. 466, 330 S.W.2d 281 (1959), this court addressed the issue of the right of confrontation. Compare Searcy crime data to However, the photographs were material, relevant and accurate. The State alleged that Peggy Hale, an employee and paramour of Dr. Rodgers, and the appellant had hired one Barry Kimbrell to "rob, rape, and kill" Fern Rodgers. 388, 517 S.W.2d 515 (1974). When Lester and the appellant arrived at the prosecuting attorney's office no one was there. During this time, four Missing Persons who are listed on NAMUS (a nation-wide missing or endangered person database) have been excluded as the victim in this case. Robin was reported missing January 31, 1995. The interview was terminated without further interrogation and without the appellant being arrested. Please try again. Officers were called to check on 23-year-old Madison Clevenger because she was not showing up for work and answering her phone. Subject was found murdered in the Romance, Arkansas area May 9th, 1987. Police in Searcy are investigating a murder/suicide that occurred on N. Ella St. Wednesday afternoon. WebOn March 11, 2002 at approximately 5:42 P.M. a 71 year-old woman identified as Mrs. Jane Murdaught was found brutally beaten in her residence located at 835 Fairview Road in Therefore, the trial court did not err in admitting the appellant's confession into evidence. Lester then asked that the appellant accompany him to the prosecuting attorney's office for a formal interview. 244, 21 L.Ed.2d 203. The common law recognized no right of discovery in criminal cases. The trial court gave four instructions related to the jury's consideration of the appellant's confession. I was a student in college at the time of trial. 1066, 20 S.W.2d 189. Hence, the issue now before the Court is whether this was newly discovered evidence which would entitle the defendant to a new trial. On March 11, 2002 at approximately 5:42 P.M. a 71 year-old woman identified as Mrs. Jane Murdaught was found brutally beaten in her residence located at 835 Fairview Road in White County. Jump to a detailed profile, search site with google or try advanced search. The interview was concluded at about 4:49 P.M., whereupon Lester immediately placed the appellant under arrest for the murder of Fern Rodgers. Call it Arkansas noir. I almost felt like I had been transported back in time to 1974 in Searcy, Arkansas. 204, 451 S.W.2d 219 (1970). How much help are American volunteers in Ukraine? On September 15, 2011, Kimberly's badly burned and decomposed body was discovered in Prairie County at the Wattensaw Refuge. The appellant contends that the trial court erred by admitting into evidence photographs of the deceased. Copyright 2021 KAIT. Witnesses in the area said that they saw a small blue car leaving Kimberly's home shortly before the flames were seen. 1770, 20 L.Ed.2d 776 (1968). A man has been arrested in connection to a homicide that happened on August 17. The right to discovery in such cases is generally governed by statute. To learn more about ChatGPT and how we can inspire students, we sat down with BestReviews book expert, Ciera Pasturel. In addition, NeighborhoodScout found that a lot of the crime that takes place in Searcy is property crime. (Supp. Gross v. State, 242 Ark. In the instant case, we find each of the following to be established by an overwhelming preponderance of the evidence. Reviewed in the United States on August 15, 2021. The trial court stated that the appellant could either have a stenographer take notes, those notes not to constitute an unofficial verbatim transcript, or that the appellant could use an electronic recorder to be operated by counsel for the appellant. Accordingly, we hold that no error was committed by the trial court in instructing the jury. ", "The Porter Rodgers murder case was one of the first stories I covered when I came to Arkansas as a television reporter. However, the appellant knowingly and intelligently waived his right to remain silent and his right to counsel prior to making his confession. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. .orange-text-color {font-weight:bold; color: #FE971E;}View high quality images that let you zoom in to take a closer look. The appellant contends that this was reversible error. Therefore, the trial court's ruling on the admissibility of the photographs was not an abuse of its discretion. Lester and the appellant ate lunch in the room, at the suggestion of the appellant, and watched a football game on television. The entire interview lasted approximately one hour. , Publication date The appellant's testimony contained allegations of police misconduct which at first glance seem to raise questions related to a coerced confession. The State, it is argued, used this charge to allow it to qualify a death penalty jury. Lester was not drinking and the mood of the conversation was always cordial. On October 8, 1963, a Tuesday, Rubys son, Glen, had a broken washing machine. Appellant had also been given Miranda warnings on two prior occasions. We find that each of the instructions so refused was either repetitious, argumentative, or contained an incorrect statement of the law. WebA true-crime book focuses on the murder of a small-town physicians wife. Over time, I gathered the hazy idea that a doctors wife had been murdered during a robbery and/or maybe that the doctor had killed her. The appellant agreed. The trial court permitted the appellant to cross-examine Lester in detail about the facts surrounding his discipline. Lester telephoned again about 11:00 A.M. and told the appellant to meet him at the appellant's room in Noble's Motel. This is for the simple reason that Dr. Rodgers does not attribute his confession to the allegedly coercive behavior of Lester. Appellant was given a Miranda warning and promptly signed a written waiver of those rights. Reviewed in the United States on August 2, 2022. The second interview was terminated, again without the appellant being placed in custody or his freedom otherwise restricted. I found it interesting to actually be familiar with so many of the places and towns referenced in the book. 425, 527 S.W.2d 580; State v. Miller, 35 Wis.2d 454, 151 N.W.2d 157 (1967). Now its being investigated as a homicide. This conversation between the appellant and the officers was electronically recorded. Enjoy a great reading experience when you buy the Kindle edition of this book. Read more about Scout's Crime Data. For the reasons stated above, the judgment of the lower court should be, and the same hereby is, affirmed. Police need your help bringing the family justice. Maddison Clevenger, a 23-year-old Searcy paramedic, was found shot dead in her residence on Horton Street on May 15, 2020. Anonymous tips are also accepted through White County dispatch. There was a Porter Rodgers Sr. & Jr., which was confusing & I really disliked the idea of anything disturbing my childhood fantasies about the big white house so I didnt pursue much info. "Nall and Allen capably deliver this tale of greed, sex, and betrayal. With a population of 23,098, Searcy has a combined rate of violent and property crime that is very high compared to other places of similar population size. We have reviewed other objections made in the trial court and find none which merit reversal or further discussion. SEARCY, Ark. The appellant asked what he could do to obtain this information. The appellant was not mentally defective. The appellant entered pleas of not guilty and not guilty by reason of insanity. , File size Your chance of being a victim of violent crime in Searcy is 1 in 149 and property crime is 1 in 24. Ketia Daniel, founder of BHM Cleaning Co., is BestReviews cleaning expert. We interviewed our tech expert, Jaime Vazquez, to learn more about accessible smart home devices. : The appellant said he was. Unlimited reading. At the time of his initial review, Dr. Kozberg was aware that a defense psychologist was expected to testify. Bishop was already being held at the White County Law Enforcement Center on the charges of Possession of a Firearm By Certain Persons and Theft by Receiving. Each cold case represents a valuable life. Ark.Stat.Ann. 70, 328 S.W.2d 836 (1959). The appellant next contends that the trial court erred in admitting into evidence the State Hospital report on the ultimate issue of insanity. It just did. WebMost accurate 2021 crime rates for Searcy, AR. Lester then asked the appellant to tell him what had happened from the beginning, whereupon the appellant related the circumstances of his wife's murder. Hall was sentenced to death by electrocution in May Lester stated that he would be glad to talk to the appellant and they agreed to meet at noon that day in Room 124 of the Kings Inn Motel. : In response, the State Hospital furnished its file on Dr. Rodgers. 378, 500 S.W.2d 387 (1973). Both bodies have been sent to the state crime lab. EVENTS. Therefore, Dr. Kozberg removed the report of Dr. Taub and directed Dr. John G. Althoff, a staff psychologist, to perform a complete battery of tests on the defendant. On August 6, 1994 at about 3:30 am, Kisa and the children left the residence without Marty to go to Louisiana. The appellant had agreed to admit and/or stipulate all relevant facts shown by those photographs. The appellant was sent to the Arkansas State Hospital for a mental examination and the results of that examination ultimately were introduced into evidence. Crime risk indices are nationally comparable on a 1 100 scale, where 100 means safer than 100% of U.S. neighborhoods. There is no contention by the appellant that the death penalty jury was improperly qualified under the guidelines established in Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. A police investigation revealed the 70-year-old doctor had been enjoying the company of Peggy Hale, his 21-year-old receptionist. Deputies also found Pamela G. Varnell, 65, inside the home deceased due to injuries also consistent with stab wounds. A look at what bills could become laws in Arkansas next week, Tornado impacts Pike County, community begins clean up, Your Arkansas weather forecast from THV11, School bus crash causes traffic delays on I-630, West Memphis Three: A second chance to prove innocence, 'I was hiding hard' | Fourth grader who survived Uvalde school shooting gives heartbreaking account of gunman's classroom assault, Police: Arkansas officer held on 'probable cause' for rape of child. This was believed to be a trip he was going to make to Louisiana to spend time with Kisa and their children. Try again. Copyright 2023 Nexstar Media Inc. All rights reserved. Dr. Rodgers' confession occurred during his next, or third, interview with the police. The appellant's "level of functioning" at the time he was examined was the equivalent of an I.Q. As much that is going on, Searcy is still a good town, said DeWitt. When officers arrived at the scene, they said they found 36-year-old Frank Vincent Ollis, V Jr. and 23-year-old Jesayia Sage Ollis dead inside the home. The appellant entered pleas of not guilty and not guilty by reason of insanity. According to Searcy Police, Robert Hurd, of Searcy, shot and killed Kalas, 38, on Randal Drive on April 29. Porter R. RODGERS, Sr., Appellant, Anonymous tips on any of these cold cases can be left with dispatch at 501-279-6279. Click the citation to see the full text of the cited case. Hurd is considered armed and dangerous. Discover your neighborhood's best match, anywhere. On Friday, May 15 around 8:15 a.m., officers with the Searcy Police Department responded to Horton Street to check the welfare of Madison Clevenger, 23 of Searcy. Additional gift options are available when buying one eBook at a time. That is not an issue here because it is admitted that no one connected with the investigation or the prosecution of the appellant was ever aware of the existence of Dr. Taub or his report until after completion of the trial herein. 1289, 482 S.W.2d 810; Cooper v. State, 246 Ark. Nearly 50 years on, it remains one of the sexiest and most riveting trials ever, and this book takes the reader back in time. Raw crime incidents are sourced from all 18,000+ local law enforcement agencies municipal, county, transit, park, port, university, tribal and more, assigned to localities, then built into NeighborhoodScouts proprietary predictive models to provide a comprehensive crime risk profile for every neighborhood and address-vicinity in the U.S. More about NeighborhoodScouts crime data methodology, By sending this Report you agree to NeighborhoodScout's, My Chances of Becoming a Victim of a Does this item contain inappropriate content? Dr. Rodgers was then confronted with statements of Hale and Kimbrell, which had been recorded electronically and transcribed. Shores v. U.S., supra; Graves v. State, 489 S.W.2d 74 (Tenn.Cr.App.1972). Unbelievable what happens right under your nose in a sleepy college town. In Downs v. State, 231 Ark. Few other communities of this size have a crime rate as high as Searcy. Marlin Dwayne Bradley lived at 2612 Eastline Road in Searcy and was married to Kisa Bradley. A police car went to the appellant's hotel and transported him to the prosecuting attorney's office. A well written, straight forward presentation which had me eager to learn the outcome! A welfare check in Searcy leads officers to a home where they found a woman dead. Authorities say this is the fifth homicide of the year for Searcy, and right now investigators are still trying to piece together what happened at the Country Meadows Apartments. Citations are also linked in the body of the Featured Case. This was done. I never questioned why the house had a name. One of these, the motel waitress, was a disinterested witness. Dr. Douglas Stevens, a clinical psychologist, testified for the appellant by stipulation that the appellant's waiver of rights signed at 3:10 P.M. on November 9, " Would have been the product of confusion, it would not have been the product of intelligence and understanding." The White County Sheriffs Office said on social media that Jacob Seth Varnell, 24, of Bald Knob was arrested in the case. By purchasing this title, you agree to Audible's, Update your device or payment method, cancel individual pre-orders or your subscription at. Anno. Please try again. The fire was called in by a neighbor and it was determined by firefighters to have been set in multiple places. Mrs. Murdaugh passed away May 15, 2007. Ark.Stat. The admissibility of such a report has been established by this Court in Nail v. State, 231 Ark. The facts and circumstances surrounding the confession will now be set forth in some detail. Sanders declares state of emergency after storms, National Weather Service confirms tornadoes in AR, Proposed bill would mandate teaching breastfeeding, Garland Co. sheriff releases names in shooting deaths, Garland County deputies: Man & woman dead after shooting, AST Blog: Severe Weather Awareness Week Watches, Do Not Sell or Share My Personal Information. It also analyzed reviews to verify trustworthiness. She holds a B.A. of 105 to 110. Example video title will go here for this video. No question is raised in this appeal relative to the procedures followed by the trial court in determining the admissibility of the confession. in professional writing from the University of Arkansas at Little Rock. He is the author of Growing Up Church of Christ and the co-author of A Murder in Searcy, both bestsellers (by category) on Amazon. "Match Any Neighborhood" calculates the Match Level of one neighborhood to another using more than 200 characteristics of each neighborhood. Gender and Ethnic Affinity: Evaluations by a forensic anthropologist suggested the remains shared both classifications as male or female. The next police interview with the appellant occurred during the early morning hours of November 9. In September 1974, Fern Rodgers, the estranged wife of a small-town, ", A psychologist and a psychiatrist, Dr. John Althoff and Dr. Oscar Kozberg, also testified by stipulation for the State. This is important because the overall crime rate can be further illuminated by understanding if violent crime or property crimes (or both) are the major contributors to the general rate of crime in Searcy. Top subscription boxes right to your door, 1996-2023, Amazon.com, Inc. or its affiliates, Learn more how customers reviews work on Amazon. A subpoena duces tecum for all records relevant to the appellant's examination at the State Hospital was served on the State Hospital. Jesus Silvia was a 39 year-old Hispanic male from Jacksonville who was reported missing on Wednesday, June 9, 2004. Our nationally-comparable school ratings are covered under US Patent No. This, the trial court may do by an in camera inspection of the material sought. After dropping the appellant at Noble's Motel at about 4:45 A.M., Lester had no contact with the appellant until 12:30 P.M. At that time the appellant phoned Lester and stated, apparently referring to their 12:00 noon appointment, that he had been delayed and was just leaving to meet Lester. Sometime on the night of August 2829, 1868, an African-American man named Ban (sometimes referred to as Dan) Humphries was killed near Searcy (White County). Under these circumstances we hold that Dr. Rodgers' rights received more than adequate protection at the hands of the police. The appellant contends that filing the more serious charge is reversible error unless there is evidence in the record which would have sustained a jury verdict of guilty to the charge of capital felony murder. It was noted that it was most likely a male but a female has not been ruled out. An official investigation is still ongoing and no official cause of death has been announced for either person. A man has been arrested in connection to a homicide that happened on August 17. Does this item contain quality or formatting issues? The omission of that report was strictly on an internal decision of the State Hospital staff which was never revealed to the prosecution. The State's witnesses stated that Dr. Rodgers' waiver of his rights was " the product of intelligence and understanding.". To establish the totality of the circumstances surrounding the confession, it is necessary to review that particular interview, as well as the two interviews immediately preceding it. And the appellant was free to, and in fact did, present contradictory evidence and rebuttal witnesses on the questions of his sanity and mental capacity. It was also stated tha the skeletal remains were possibly African or Indian. , Print length Peggy Hale was arrested in connection with Mrs. Rodgers' murder at about noon on November 8.
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