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. Updated: 11:12 AM CDT May 26, 2022. The evidence on the question of the appellant's mental capacity consisted of expert testimony from both sides, plus the written report from the State Hospital required by Ark.Stat.Anno. The authors did a great deal of research and give in-depth detail about the crime and trials without oversimplifying matters. Prior to being arrested and charged with his wife's murder, the appellant signed what amounted to a confession, the truth of which he subsequently denied. Those 12 are from surrounding states. Estimated time of death: at least 12-18 months prior to being recovered. Since no one was in the office, Lester requested that another policeman, Doug Stevens, be present during the interview with the appellant. In the instant case, we find each of the following to be established by an overwhelming preponderance of the evidence. He was last seen alive on Tuesday, June 8, 2004 in Jacksonville with an alleged drug trafficker. In addition, NeighborhoodScout found that a lot of the crime that takes place in Searcy is property crime. 466, 330 S.W.2d 281 (1959), this court addressed the issue of the right of confrontation. 335 (1952). The appellant expressly confirmed to Stevens that he had been informed of his rights by Lester and had agreed to waive them. 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. The State's evidence was to the effect that the defendant was legally sane and that he was competent to understand and intelligently waive his rights. : 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. 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. However, the photographs were material, relevant and accurate. In Searcy, your chance of becoming a victim of a property crime is one in 24, which is a rate of 42 per one thousand population. Copyright 2023 Nexstar Media Inc. All rights reserved. How much help are American volunteers in Ukraine? The common law recognized no right of discovery in criminal cases. Those four people were Larry Don Madden, Antonio Taylor, Jarrod Green, and Matthew Pentagrast. Still, the trial court has some discretion in the matter of discovery when impeaching matter is concerned. The transcript of the interview reveals that one of the police officers told the appellant that he had, indeed, better spend some of his money on a good lawyer. Unbelievable what happens right under your nose in a sleepy college town. Gamble has been charged with first degree murder, and residential burglary. As stated above, we believe that the preponderance of all of the evidence supports Policeman Lester's version of that third interview. Copyright 2021 KAIT. STATE of Arkansas, Appellee. 43-1301. There was no electronic recordation of the conversation at the Kings Inn or the interview at the prosecuting attorney's office. The trial court examined Lester's personnel file in camera and determined that nothing therein was material to the Rodgers' case. in professional writing from the University of Arkansas at Little Rock. In response, the State Hospital furnished its file on Dr. Rodgers. 354, 315 S.W.2d 916 (1958). Cf. 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. Copyright 2023 Nexstar Media Inc. All rights reserved. : Lester telephoned again about 11:00 A.M. and told the appellant to meet him at the appellant's room in Noble's Motel. : 18,000 local law enforcement agencies in the U.S. We interviewed our tech expert, Jaime Vazquez, to learn more about accessible smart home devices. Over 3 million titles. After viewing product detail pages, look here to find an easy way to navigate back to pages you are interested in. This second interview with the appellant was also recorded. The Arkansas State Medical Examiner determined that Kimberly's death was a homicide from a gunshot wound to her head. In other words, once Dr. Rodgers had stated an intention to consult an attorney, the appellant argues that the State was effectively barred from further interrogation until the consultation with an attorney had in fact taken place. I attended college in Searcy beginning in the fall of 1978 and there was still a great deal of talk about the murder of Fern Rogers. In May 2014, Medical Examiner Chris Edwards whom I have been working with to get this person identified contacted the White County Sheriff's Department. 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The photographs in question were color shots of the deceased's remains as discovered at the crime scene. SEARCY, Ark. However, Dr. Rodgers did, according to Lester, state that he had several things on his mind that he wanted to talk to Lester about, but that the appellant did not feel like talking then. Reviewed in the United States on August 15, 2021. The appellant then affixed his signature to each page of the confession. As stated, we have applied the standards set forth in Degler v. State, supra, in reviewing this confession and have held the confession to be admissible under those standards. The trial court gave four instructions related to the jury's consideration of the appellant's confession. 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In any event, we do not accept as valid the proposition that a jury qualified to return a death penalty is necessarily prejudiced on the question of guilt or innocence. However, we do not hold that Degler is necessarily the correct rule where, as here, the person making the confession was not in custody. Lester did this and the appellant then signed the statement. Nearly 50 years on, it remains one of the sexiest and most riveting trials ever, and this book takes the reader back in time. Searcy Police say do not approach or try to apprehend Customer Reviews, including Product Star Ratings help customers to learn more about the product and decide whether it is the right product for them. There is no contention in this appeal that Lester's testimony on cross-examination was in any way inconsistent with the information contained in his personnel file. 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. While there is substantial conflict between the appellant's and the police version of this interview, several facts related to it are not in dispute. A police investigation revealed the 70-year-old doctor had been enjoying the company of Peggy Hale, his 21-year-old receptionist. We will update this article with more information as it becomes available. See, U.S. v. Nixon, 418 U.S. 683, 94 S.Ct. Copyright 2023 Nexstar Media Inc. All rights reserved. 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.. If you know anything about this incident you are asked to give Searcy Police a call. On May 21, at 4:30 p.m., The Searcy Police Department served 26-year-old Hunter D. Bishop a warrant for Capital Murder Class Y Felony in connection to the murder of 23-year-old Madison Clevenger. 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. Learn more. The appellant had served on the State Racing Commission, was actively engaged in a farming enterprise, and was active in the breeding and showing of walking horses. A forensic examination determined that he died as a result of blunt force trauma and the death was ruled a homicide. Our nationwide meta-analysis overcomes the issues inherent in any crime database, including non-reporting and reporting errors. Gen., by Gary Isbell, Asst. Im not sure of my exact age when my mother mentioned something vague about a woman being murdered there (I was born in 1975, just after the events took place). After a lengthy jury trial the appellant was convicted of first degree murder and sentenced to life imprisonment. In It is undisputed that the disciplinary action was in another case and was totally unrelated to the Rodgers' murder investigation. 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. Lester admitted on cross-examination all aspects of the occurrence, including having given deceptive responses in a polygraph examination. Under these circumstances we hold that Dr. Rodgers' rights received more than adequate protection at the hands of the police. 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. John Webster Batton, age 43, of Searcy, Ark., died Friday, February 24, 2023. The appellant's organic brain syndrome was mild to moderate, and was certainly not severe. If a photograph sheds light on any issue; or if it assists witnesses to better describe a crime scene; or if it in some other way materially helps the jury to understand the testimony; then its admissibility into evidence is within the sound discretion of the trial court. SEARCY, Ark. Dr. Rodgers was then confronted with statements of Hale and Kimbrell, which had been recorded electronically and transcribed. This material may not be published, broadcast, rewritten, or redistributed. According to a release from the Searcy Police Department sent Tuesday, officers were sent to South Oak Street to check the welfare of Van Stevens, 74, of Searcy. Reviewed in the United States on October 23, 2021. Witnesses in the area said that they saw a small blue car leaving Kimberly's home shortly before the flames were seen. Additional gift options are available when buying one eBook at a time. 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WebOn the morning of September 26, 1974, the body of Fern Cowen Rodgers was discovered on the floor of her home in Searcy, Arkansas. The record herein is clear that the appellant's counsel was already aware of the facts surrounding Policeman Lester's discipline by his employer. If you have any information, please contact us. Dr. Oscar Kozberg was a staff psychiatrist at the State Hospital and was the State's primary witness on this issue. Marshals are searching for an 18-year-old man whos suspected in the murder of Eric Kalas. 1289, 482 S.W.2d 810; Cooper v. State, 246 Ark. Update: SEARCY, Ark.- Searcy Police and U.S. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 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. However, the most that can be said for the defense evidence on this point is that Dr. Rodgers was "confused". The appellant then apparently, although he denies any recollection of it, made a statement to Lester which was incorporated in the confession. After officers entered the home, Clevenger was found dead. Townsend v. City of Helena, 244 Ark. : On the night of September 25, 1974, Fern Rodgers was shot and killed at her home in Searcy. 378, 500 S.W.2d 387 (1973). Discuss Searcy, Arkansas (AR) on our hugely popular Arkansas forum. In the first place, a thorough review of the record convinces us that there was evidence from which the jury could have concluded that the appellant was guilty of capital felony murder. Please try again. The 2019 Searcy This material may not be published, broadcast, rewritten, or redistributed. Officer Lester, not the appellant, initiated the interview. The trial court denied the appellant's motion for a new trial without specifying the reasons therefor. SEARCY, Ark. , Word Wise Reflects 2021 calendar year; released from FBI in Oct. 2022 (latest available). Police need your help bringing the family justice. 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 The appellant entered pleas of not guilty and not guilty by reason of insanity. The expert psychological and psychiatric evidence is in the same category. To learn more about ChatGPT and how we can inspire students, we sat down with BestReviews book expert, Ciera Pasturel. (KAIT) - A White County man faces a capital murder charge after authorities say he stabbed his mother to death Friday evening. in journalism-mass communication from Abilene Christian University and an M.A. He was estranged from his wife and had lived in a local hotel for the five or six months preceding his wife's death. Police say they found several puncture wounds on his body. The City-Data.com crime index weighs serious crimes and violent crimes more heavily. In September 1974, Fern Rodgers, the estranged wife of a small-town, On the morning of Sept. 26, 1974, a housekeeper discovered the body of 67-year-old Fern Rodgers, wife of Dr. Porter Rodgers, Sr., a wealthy Searcy physician. At the time of his initial review, Dr. Kozberg was aware that a defense psychologist was expected to testify. Deana Hamby Nall is a Gulf Coast girl from Beaumont, Texas. Approximately two weeks later Mrs. Rodgers' husband, Porter R. Rodgers, Sr., the appellant herein, was charged in her death with capital felony murder. Anytime especially in the town of Searcy we are not like big towns, we dont have a lot of issues with crime, but here recently its been kind of ramped up a little bit, said DeWitt. , Sticky notes Subject was found murdered in the Romance, Arkansas area May 9th, 1987. When Lester and the appellant arrived at the prosecuting attorney's office no one was there. 43-1301 provides that: The report which was admitted into evidence conformed to the requirement of the statute. The appellant now brings to this Court eight points on which he relies for reversal. , 2 Hot Springs murder-suicide cases happen within, Kirby tornado nearly crushed familys home, LR Central High students protest LEARNS Act, Residents recover as storms destroy homes in Kirby, Summit Utilities CEO responds to customer concerns, Gov. To learn more about ChatGPT and how we can inspire students, we sat down with BestReviews book expert, Ciera Pasturel.