SEARCY, Ark. In response, the State Hospital furnished its file on Dr. Rodgers. Indeed, all of the other evidence is to the effect that Dr. Rodgers was coherent, appeared to be alert, and seemed well aware of all that was going on about him before, during, and after his confession. This material may not be published, broadcast, rewritten, or redistributed. All prospects of a truce Micah Pate was a young nurse in Bartlett who was killed by her husband in 2009. 1770, 20 L.Ed.2d 776 (1968). There was an error retrieving your Wish Lists. In fact, we find not a shred of evidence in the record which tends to corroborate Dr. Rodgers' testimony relative to the third interview and his confession. At the time of appellant's trial there was such a statute in Arkansas. How much help are American volunteers in Ukraine? 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. Stevens was present during the entire interview. This material may not be published, broadcast, rewritten, or redistributed. If anyone has additional information, you are asked to call Search Police. 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. 244, 21 L.Ed.2d 203. 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 After officers entered the home, Clevenger was found dead. The State, it is argued, used this charge to allow it to qualify a death penalty jury. There is also no evidence that Leon Catlett, or any other attorney, was actually employed by appellant to represent him relative to the police investigation of Mrs. Rodgers' murder. Its very tragic, said Todd DeWitt from the Searcy Police Department. Lee v. State, 229 Ark. In summary, Dr. Rodgers testified that he was threatened, mistreated, and abused by Officer Lester and that he does not remember making the statements that went into his confession. Learn more. Crime risk indices are nationally comparable on a 1 100 scale, where 100 means safer than 100% of U.S. neighborhoods. He was later arrested at a house on Highway 258, outside Bald Knob. People v. Coleman, 75 Misc.2d 1090, 349 N.Y.S.2d 298, supra; Commonwealth v. Dominico, 1 Mass.App. Shores v. U.S., supra; Graves v. State, 489 S.W.2d 74 (Tenn.Cr.App.1972). 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. Follow authors to get new release updates, plus improved recommendations. Dr. Oscar Kozberg was a staff psychiatrist at the State Hospital and was the State's primary witness on this issue. These facts, which are either admitted or uncontradicted, include the following. A police officer, James Lester, drove the appellant back to his hotel at approximately 4:45 A.M. Lester testified that he did not attempt to interrogate the appellant during the trip to the hotel. A hearing was held on that motion at which Dr. Taub testified. Jesus Silvia was a 39 year-old Hispanic male from Jacksonville who was reported missing on Wednesday, June 9, 2004. That was the motel where the State Police personnel were staying while in Searcy and Room 124 was the room occupied by Lester. At 3:21 A.M. the appellant signed a written waiver of these rights. 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. NeighborhoodScout has done just that. The appellant merely argues that the jury so qualified would be prosecution oriented to the extent that it could not fairly pass on the issue of guilt or innocence. After talking with witnesses, deputies then began to develop Jacob Seth Varnell as a suspect in the case. The substance of the appellant's evidence was that while he was legally responsible for his conduct, he suffered from diminished capacity under stress, both with respect to the ability to tell right from wrong and to knowingly and intelligently waive his constitutional rights. A forensic examination determined that he died as a result of blunt force trauma and the death was ruled a homicide. Shortly thereafter, the appellant appeared at the White County Courthouse and sought to arrange a bond for her release. Lester and the appellant ate lunch in the room, at the suggestion of the appellant, and watched a football game on television. HOLT and HICKMAN, JJ., not participating. That is, the appellant was intellectually superior to the average seventy year old person. Update: SEARCY, Ark.- Searcy Police and U.S. 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. Loved ones described the 26-year-old 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. 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. To me Porter Rodgers hospital was a creepy, dilapidated old building that looked like something from the set of a horror movie and indeed was used as a haunted house for at least one Halloween that I can remember. Victim: Identified as Robert Simmons in May 2014. 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. Bring your club to Amazon Book Clubs, start a new book club and invite your friends to join, or find a club thats right for you for free. Therefore, the trial court's ruling on the admissibility of the photographs was not an abuse of its discretion. Sanders declares state of emergency after storms, Embattled UK Prime Minister Boris Johnson resigns, Zelensky: There will be two Victory Days in Ukraine. Violent Crimes - Murder Rape Robbery Assault. ", "The Porter Rodgers murder case was one of the first stories I covered when I came to Arkansas as a television reporter. Those four people were Larry Don Madden, Antonio Taylor, Jarrod Green, and Matthew Pentagrast. 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. 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. Lester expressly denies this and claims that the appellant's confession was completely voluntary. When her daughter returned home around 10:00 p.m., Ruby was not there. Deana lives in the Little Rock, Arkansas, area with her husband, two daughters and two cats. We find that these principles were applied here. The trial court examined Lester's personnel file in camera and determined that nothing therein was material to the Rodgers' case. Chris Edwards advised that the skeletal remains had been identified as Robert Simmons who was a missing person out of Augusta, Arkansas. WebJames Waybern Hall: The murderer known as "Big Jim" killed 4 people, including his wife, in Arkansas between 1944 and 1945. Lester first phoned the appellant at about 10:00 A.M. stating that he wanted to talk to the appellant. Please try again. The common law recognized no right of discovery in criminal cases. Height 5'11" Weight 170 pounds Eyes Blue Hair Brown. Dr. Rodgers was then confronted with statements of Hale and Kimbrell, which had been recorded electronically and transcribed. WebDeputies identified the victim as Tim Blackburn, 59, who was transported to a local hospital and later died. Thereafter, his freedom was not restricted in any manner and the police did not seek to again interview him for several hours. The so-called confession consisted of admissions by the appellant that he had, with the assistance of Peggy Hale, hired Barry Kimbrell to kill Fern Rodgers. Gross v. State, 242 Ark. Reviewed in the United States on December 29, 2022, Reviewed in the United States on March 24, 2022. 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. STATE of Arkansas, Appellee. 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. : For details, please see the Terms & Conditions associated with these promotions. Violent At about 3:10 P.M. the appellant executed a written waiver of his Miranda rights. Furthermore, it was, in fact, used by him in his cross-examination of Lester. In addition to capital murder, Jacob Seth Varnell was arrested on suspicion of criminal attempt to commit capital murder. Supreme Court of Arkansas, In Banc.https://leagle.com/images/logo.png. New evidence, in order to justify a new trial, must be such as to render a different result in such new trial "probable." 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. Hunter Dean Bishop, 28, of Searcy, who was charged with her murder, was found guilty by a jury Friday in White County Circuit Court. Approximately two weeks later Mrs. Rodgers' husband, Porter R. Rodgers, Sr., the appellant herein, was charged in her death with capital felony murder. Where is 2022 data? Please try again. WebSEARCY, Ark. Updated: 11:12 AM CDT May 26, 2022. WebAbout a month later, Rupert Barnett, son of the city marshal and reputed to have a violent temper, killed Mack Wilcox during a quarrel over a card game. The appellant next contends that the trial court erred in admitting into evidence the State Hospital report on the ultimate issue of insanity. 368, 438 S.W.2d 681. If you have any information, please contact us. Arnold v. State, 179 Ark. Jump to a detailed profile, search site with google or try advanced search. "Nall and Allen capably deliver this tale of greed, sex, and betrayal. How much help are American volunteers in Ukraine? Regardless of whether Searcy does well or poorly compared to all other cities and towns in the US of all sizes, compared to places with a similar population, it fares badly. Here, the mandate of the statute is quite clear. : The appellant had agreed to admit and/or stipulate all relevant facts shown by those photographs. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Redemption links and eBooks cannot be resold. Click the citation to see the full text of the cited case. , Language 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. As stated above, we believe that the preponderance of all of the evidence supports Policeman Lester's version of that third interview. The City-Data.com crime index weighs serious crimes and violent crimes more heavily. 378, 500 S.W.2d 387 (1973). : On October 8, 1963, a Tuesday, Rubys son, Glen, had a broken washing machine. Few other communities of this size have a crime rate as high as Searcy. Download the free Kindle app and start reading Kindle books instantly on your smartphone, tablet, or computer - no Kindle device required. U.S. v. Olin Mathieson Chemical Corporation, D.C., 36 F.R.D. NeighborhoodScout provides exclusive crime risk analytics for every neighborhood in America with up to 98% predictive accuracy. Police in Searcy are investigating a murder/suicide that occurred on N. Ella St Wednesday afternoon. In any event, on this little favored ground for new trial, the trial judge had a considerable latitude of discretion. Example video title will go here for this video. John Webster Batton, age 43, of Searcy, Ark., died Friday, February 24, 2023. Region 8 News will have more details as they become available. It also analyzed reviews to verify trustworthiness. It contained no statements which would tend to incriminate the appellant. , File size This, the trial court may do by an in camera inspection of the material sought. Web36 min Season 3, Episode 7: Arkansas True Crime: A Murder in Searcy The Unlovely Truth True Crime Sometimes criminals have ordinary lives. Lester admitted on cross-examination all aspects of the occurrence, including having given deceptive responses in a polygraph examination. Therefore, the trial court did not err in admitting the appellant's confession into evidence. , Enhanced typesetting And further, before any such subsequent interview was commenced, Dr. Rodgers was again advised of his rights and willingly signed a written waiver of those rights. Further, we have reviewed the instructions offered by the appellant and refused by the trial court. Reviewed in the United States on August 15, 2021. Try again. But, in the exercise of discretion, the necessity for a defendant's searching confidential matter must be weighed against the public policy of confidentiality or secrecy. Robin was reported missing January 31, 1995. 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. Certainly many elements present in a custodial interrogation and confession are absent when the confession is the product of a voluntary interview with the police. 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. Under these circumstances we hold that Dr. Rodgers' rights received more than adequate protection at the hands of the police. Finally, all other evidence tending to support one of the above conflicting versions over the other is on the side of Officer Lester. Dr. Kozberg testified that when he first reviewed the appellant's file, it was his opinion that Dr. Taub's psychological testing was incomplete. 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. The appellant made a tacit admission of his involvement in the murder, as well as a specific request for the assistance of an attorney. 43-1301 provides that: The report which was admitted into evidence conformed to the requirement of the statute. The appellant said he was. Nail v. State, supra. Anonymous tips are also accepted through White County dispatch. This is for the simple reason that Dr. Rodgers does not attribute his confession to the allegedly coercive behavior of Lester. The appellant's counsel took advantage of neither alternative. Mike is a husband, father and friend who enjoys working and living in the Washington, DC metropolitan area. , X-Ray However, three other policemen and a motel waitress were in and out of the room during the afternoon for periods of a few minutes each. 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. After officers entered the home they found Stevens dead. 204, 451 S.W.2d 219 (1970). To be sure, the subject matter of the photographs would alone tend to justify their characterization as gory and, at least to some extent, inflammatory. 43-1301. Dr. Kozberg felt that a complete battery of tests should be done. 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". Higher means more crime, U.S. average is 270.6. Rather, the appellant simply denies any recollection of making the statement. Full content visible, double tap to read brief content. 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. If you know anything about this incident you are asked to give Searcy Police a call. 8,376,755. 228, 424 S.W.2d 856, cert. 367, 486 S.W.2d 16; Williams v. State, 252 Ark. Property The appellant was sent to the Arkansas State Hospital for a mental examination and the results of that examination ultimately were introduced into evidence. Unable to add item to List. The appellant's condition was not different than that which would be expected in a person of his age. This is compared to communities of all sizes, from the smallest to the largest. 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. December 28, 1997. Using your mobile phone camera - scan the code below and download the Kindle app. 1975). 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.". Violent offenses tracked included rape, murder and non-negligent manslaughter, armed robbery, and aggravated assault, including assault with a deadly weapon. The expert psychological and psychiatric evidence is in the same category. It is argued that the appellant's willingness to stipulate, coupled with the fact that the photographs were by their nature inflammatory, rendered these exhibits inadmissible. Police need your help bringing the family justice. The second interview was terminated, again without the appellant being placed in custody or his freedom otherwise restricted. Read instantly on your browser with Kindle for Web. An official investigation is still ongoing and no official cause of death has been announced for either person. Give as a gift or purchase for a team or group. 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. To learn more about ChatGPT and how we can inspire students, we sat down with BestReviews book expert, Ciera Pasturel. They have a home in a nice part of 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. I almost felt like I had been transported back in time to 1974 in Searcy, Arkansas. See, U.S. v. Nixon, 418 U.S. 683, 94 S.Ct. Murder of an Elvis Girl: Solving the Jenny Maxwell Case, The Ghost: The Murder of Police Chief Greg Adams and the Hunt for His Killer, Wilder Intentions: Love, Lies and Murder in North Dakota, The Murder of Kelsey Berreth: A Shocking True Crime Story. At the time of his initial review, Dr. Kozberg was aware that a defense psychologist was expected to testify. 693, 306 N.E.2d 835 (1973); U.S. v. Iozia, D.C., 13 F.R.D. When Lester and the appellant arrived at the prosecuting attorney's office no one was there. Citations are also linked in the body of the Featured Case. How much help are American volunteers in Ukraine? That is not the case here. , 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, AR Food Hall of Fame events coming March 6, Summit Utilities CEO responds to customer concerns, Embattled UK Prime Minister Boris Johnson resigns, Zelensky: There will be two Victory Days in Ukraine. If you have any information, call the Searcy Police Department Criminal Investigation Division at 501-279-1038. 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." Please try your request again later. Sheriff: Man arrested in stabbing death of mother, (Source: White County Sheriff's Office Facebook), Lawsuit filed against Summit Utilities over price gouging, NWS: EF-2 tornado confirmed in Arkansas storms, 2023 2A State Basketball Tournament: EPC boys fall to Marshall in Quarterfinals, 2023 2A State Basketball Tournament: Bay boys fall to Bigelow in Quarterfinals, Arkansas State womens basketball falls to Southern Miss in SBC Quarterfinals, Arkansas women's basketball falls to #1 South Carolina in SEC Tournament, Fast Break Friday Night (3/3/23): Jonesboro boys advance to 6A state semifinals, The White County Sheriffs Office said on social media. According to a news release, White County deputies along with officers of the Arkansas State Police and the Higginson Police Department arrested a 17-year-old Searcy youth March 17 and intended to file formal charges of Accordingly, we hold that no error was committed by the trial court in instructing the jury. 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. Call it Arkansas noir. Sanders declares state of emergency after storms, Embattled UK Prime Minister Boris Johnson resigns, Zelensky: There will be two Victory Days in Ukraine. We sent the body off to the crime lab, said DeWitt. Instead it is alleged that the confession was not the product of a conscious mind and was, therefore, involuntary. During the course of the police investigation of this crime the appellant was interviewed some five or six times. Shores v. U.S., 174 F.2d 838, 11 A.L.R.2d 635 (8th Cir., 1949). 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. 335 (1952). SEARCY, Ark. (The US average is 35.4) NOTE: Click on the links below to see charts for each crime category. The chief said the majority of the crime in Searcy is petty theft. In Downs v. State, 231 Ark. The appellant contends that the trial court erred by admitting into evidence photographs of the deceased. (KAIT) - A White County man faces a capital murder charge after authorities say he stabbed his mother to death Friday evening. Gender and Ethnic Affinity: Evaluations by a forensic anthropologist suggested the remains shared both classifications as male or female. That evening, Ruby picked up Glens dirty laundry and took it with hers to a laundromat in Searcy. At its conclusion the statement was given to the appellant, who appeared to read it in its entirety. 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. 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. The Searcy Police Department is investigating a murder-suicide that happened Wednesday evening. 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.