Brief content visible, double tap to read full content. Arkansas parents, educators react to Texas elementary school massacre. Do you know this man? Estimated time of death: at least 12-18 months prior to being recovered. Lester admitted on cross-examination all aspects of the occurrence, including having given deceptive responses in a polygraph examination. Reviewed in the United States on December 1, 2022. 388, 517 S.W.2d 515 (1974). 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. If anyone has additional information, you are asked to call Search Police. Officer Lester, not the appellant, initiated the interview. 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. The common law recognized no right of discovery in criminal cases. We are asking for your help to give this family closure by providing information on the events that took place and lead to Robert Simmons's death. Sorry, there was a problem loading this page. A police car went to the appellant's hotel and transported him to the prosecuting attorney's office. Reflects 2021 calendar year; released from FBI in Oct. 2022 (latest available). Townsend v. City of Helena, 244 Ark. Gross v. State, 242 Ark. 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. Full content visible, double tap to read brief content. 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. In Downs v. State, 231 Ark. The White County Sheriffs Office said on social media that Jacob Seth Varnell, 24, of Bald Knob was arrested in the case. Give as a gift or purchase for a team or group. Mrs. Murdaugh passed away May 15, 2007. 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 The appellant readily agreed. 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.. This material may not be published, broadcast, rewritten, or redistributed. As such, we perceive no way that this evidence, had it been available to the defense at the time of the trial, would have been likely to affect the ultimate outcome of the trial. In other words, this confession is not alleged to have been made because of fear of police mistreatment. 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. The interview was terminated without further interrogation and without the appellant being arrested. However, this information was already known to appellant's counsel. The Arkansas State Medical Examiner determined that Kimberly's death was a homicide from a gunshot wound to her head. Use at your own risk. 335 (1952). White County Sheriffs Dept 1600 E Booth Suite 100Searcy, AR 72143. Police in Searcy are investigating its second homicide in two weeks. 693, 306 N.E.2d 835 (1973); U.S. v. Iozia, D.C., 13 F.R.D. : Anonymous tips are also accepted through White County dispatch. 43-1301. "Nall and Allen capably deliver this tale of greed, sex, and betrayal. Ketia Daniel, founder of BHM Cleaning Co., is BestReviews cleaning expert. On the night of September 25, 1974, Fern Rodgers was shot and killed at her home in Searcy. Likewise, Dr. James M. Sims testified that the appellant's waiver, ".. Would have been the product of confusion. Reviewed in the United States on October 23, 2021. Approximately two weeks later Mrs. Rodgers' husband, Porter R. Rodgers, Sr., the appellant herein, was charged in her death with capital felony murder. : We spent the afternoon reaching out to family, friends, and the victims job. A lifelong writer, Deana has been working as a freelance magazine and newspaper writer for 28 years. The facts and circumstances surrounding the confession will now be set forth in some detail. Deputies also found Pamela G. Varnell, 65, inside the home deceased due to injuries also consistent with stab wounds. 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. We will update this article with more information as it becomes available. Deana Hamby Nall is a Gulf Coast girl from Beaumont, Texas. Jump to a detailed profile, search site with google or try advanced search. This material may not be published, broadcast, rewritten, or redistributed. Discover your neighborhood's best match, anywhere. The NeighborhoodScout search engine is covered under US Patents No. The omission of that report was strictly on an internal decision of the State Hospital staff which was never revealed to the prosecution. The appellant concedes that these witnesses' testimony is without dispute or conflict relative to the following facts: Food was ordered to the room; there was no evidence that Lester was drinking; no one heard the Rodgers' murder case even mentioned; no one heard or observed any indication that Lester threatened or otherwise abused the appellant. 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 ratio of all residents to sex offenders in Searcy is 345 to 1. The court reporter stated that it would be impossible to comply with such a request and the trial court rightfully refused it. SEARCY, Ark. Listed below are the cases that are cited in this Featured Case. 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. Does this item contain inappropriate content? 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. Lester telephoned again about 11:00 A.M. and told the appellant to meet him at the appellant's room in Noble's Motel. 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. At the time of appellant's trial there was such a statute in Arkansas. All rights reserved. Mike is a husband, father and friend who enjoys working and living in the Washington, DC metropolitan area. 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. Please try again. Appellant was immediately informed by the police that he was a suspect in the murder of his wife. Enjoy a great reading experience when you borrow the Kindle edition of this book with your Kindle Unlimited membership. , File size Lester and the appellant stayed in Room 124 until 2:45 or 3:00 P.M. During the course of the interview, the appellant told the officers that he wanted to talk to his lawyer before he made any definite statement relative to his wife's death. : Instead, our system considers things like how recent a review is and if the reviewer bought the item on Amazon. According to police, officers were doing a welfare check at a house on the 300 block of N. Ella around 3:45 p.m. after a relative couldn't get anyone to answer the door. At about 3:10 P.M. the appellant executed a written waiver of his Miranda rights. 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. I have 12 more names that I am requesting to have DNA comparisons on. After officers entered the home they found Stevens dead. : 393 U.S. 917, 89 S.Ct. The appellant next contends that the trial court erred in denying him the right to have a daily copy of the trial proceedings. Police arrested Christopher Coy Gamble, 32 in connection to the SEARCY, Ark. 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. Mrs. Murdaugh was found by her daughter lying in the doorway of the kitchen and dining room, with multiple wounds to the head. Ark.Stat. If you know anything about this incident you are asked to give Searcy Police a call. NeighborhoodScout has done just that. The appellant describes the interview or interrogation itself in the following terms: The record reveals the following testimony by Officers Lester and/or Stevens contradictory to the Rodgers' version. Property WebJames Waybern Hall: The murderer known as "Big Jim" killed 4 people, including his wife, in Arkansas between 1944 and 1945. Follow authors to get new release updates, plus improved recommendations. However, we would point out that Dr. Rodgers' version does not, in fact, place the confession within the framework of the classic coerced confession cases. (KAIT) - A White County man faces a capital murder charge after authorities say he stabbed his mother to death Friday evening. Officers with the Searcy Police Department responded to South Oak Street for a welfare check on Van Stevens, 74 of Searcy. STATE of Arkansas, Appellee. APPLY Online Schedule a VISIT Make a Gift. Furthermore, it was, in fact, used by him in his cross-examination of Lester. The appellant entered pleas of not guilty and not guilty by reason of insanity. It is undisputed that the appellant did not consult with any attorney during the period of November 8 and 9. Reviewed in the United States on December 29, 2022, Reviewed in the United States on March 24, 2022. This morning they went to a home on Horton St to check on Madison Clevenger. UPDATE: Searcy Police are now investigating this as a homicide. According to police, officers were called to the 300 block of N. Crime risk data are updated annually. It just did. Does this item contain quality or formatting issues? 354, 315 S.W.2d 916 (1958). 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. The City-Data.com crime index weighs serious crimes and violent crimes more heavily. This, the trial court may do by an in camera inspection of the material sought. The fire was called in by a neighbor and it was determined by firefighters to have been set in multiple places. Its very tragic, said Todd DeWitt from the Searcy Police Department. Download the free Kindle app and start reading Kindle books instantly on your smartphone, tablet, or computer - no Kindle device required. 7,043,501 and 7,680,859. 43-2011.2 et seq. Higher means more crime, U.S. average is 270.6. Click the citation to see the full text of the cited case. 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. Lee v. State, 229 Ark. 70, 328 S.W.2d 836 (1959). .orange-text-color {font-weight:bold; color: #FE971E;}Enjoy features only possible in digital start reading right away, carry your library with you, adjust the font, create shareable notes and highlights, and more. The admissibility of photographs is a matter within the discretion of the trial court. According to police, officers were called to the 300 block of N. Ella St around 3:45 p.m. Wednesday when a relative could not get anyone to answer the door. Hence, the issue now before the Court is whether this was newly discovered evidence which would entitle the defendant to a new trial. 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. She is on the faculty of University of Arkansas-Pulaski Technical College, where she teaches college writing. After viewing product detail pages, look here to find an easy way to navigate back to pages you are interested in. Stevens remained with Lester and the appellant until the statement was completed. Crime. Please take the time to watch this video and if you have any information, please contact us. Her body has been sent to the state crime lab to determine what happened @KARK4News @FOX16News pic.twitter.com/XmkxSeucxf. When her daughter returned home around 10:00 p.m., Ruby was not there. Still, the trial court has some discretion in the matter of discovery when impeaching matter is concerned. Try again. .orange-text-color {color: #FE971E;} Explore your book, then jump right back to where you left off with Page Flip. However, the photographs were material, relevant and accurate. Alarmed, Mary Claire called the police. This occurred at approximately 3:00 A.M. the morning of November 9. of 105 to 110. Call it Arkansas noir. The appellant again readily agreed. Using your mobile phone camera - scan the code below and download the Kindle app. The trial court gave four instructions related to the jury's consideration of the appellant's confession. No question is raised in this appeal relative to the procedures followed by the trial court in determining the admissibility of the confession. The appellant argues that the prosecution knew in advance of jury selection and trial that its evidence would not support a capital felony murder conviction. Appellant was given a Miranda warning and promptly signed a written waiver of those rights. It was also stated tha the skeletal remains were possibly African or Indian. The request comes more than a month after police were called out to multiple shootings that occurred within 30 minutes of each other. 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. We cannot say that it was abused. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Crime, My Chances of Becoming a Victim of a The appellant does not contend that the personnel file itself, or any part of it, was admissible in evidence. Lester phoned again a third time at about 11:45 A.M., and, according to the appellant, said, "We'll meet at the motel." The appellant's "level of functioning" at the time he was examined was the equivalent of an I.Q. It gave five instructions related to insanity and reduced mental capacity. We interviewed our tech expert, Jaime Vazquez, to learn more about accessible smart home devices. Your chance of being a victim of violent crime in Searcy is 1 in 149 and property crime is 1 in 24. 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. I found it interesting to actually be familiar with so many of the places and towns referenced in the book. Citations are also linked in the body of the Featured Case. Since no one was in the office, Lester requested that another policeman, Doug Stevens, be present during the interview with the appellant. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. In fact, the appellant was better off than would be expected because of an above average I.Q. Therefore, the trial court's ruling on the admissibility of the photographs was not an abuse of its discretion. WebA true-crime book focuses on the murder of a small-town physicians wife. 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. ", "The Porter Rodgers murder case was one of the first stories I covered when I came to Arkansas as a television reporter. A man has been arrested in connection to a homicide that happened on August 17. Upon arrival, Sheriffs Deputies found William C. Varnell, 63, inside the home with multiple stab wounds. Thereafter, his freedom was not restricted in any manner and the police did not seek to again interview him for several hours. Dr. Rodgers was then confronted with statements of Hale and Kimbrell, which had been recorded electronically and transcribed. After talking with witnesses, deputies then began to develop Jacob Seth Varnell as a suspect in the case. 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. People v. Coleman, 75 Misc.2d 1090, 349 N.Y.S.2d 298 (1973). SEARCY, Ark. 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. Sanders declares state of emergency after storms, Embattled UK Prime Minister Boris Johnson resigns, Zelensky: There will be two Victory Days in Ukraine. 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. Dr. Kozberg testified that when he first reviewed the appellant's file, it was his opinion that Dr. Taub's psychological testing was incomplete. , X-Ray Mike S. Allen, a native of Searcy, Arkansas, is a graduate of Harding University and Troy State University with degrees in print journalism and international relations. , 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. Get the Android Weather app from Google Play, Arkansas MLK Commission gathers in Selma, Alabama, Two Hot Springs murder-suicide cases happen within, Tom Sizemore, Saving Private Ryan actor, dies at, Just proud we survived it; Storms destroy homes, Olympic ticket sales for Paris Games gets off to, Scherzer tests pitch clock limits, gets quick-pitch, 7 Cubs pitchers combine for no-hitter vs Machado,, Mikal Bridges helps Nets rally to stun Celtics, 115-105, NASCAR star Elliott has leg surgery after snowboard, Kurt Kitayama handles a windy Bay Hill as Jon Rahm, Best smart home devices for older users, according, How to get started on spring cleaning early, according, Worried about your student using ChatGPT for homework? In addition, at all times the appellant was alert, responsive, and appeared to fully comprehend what was going on about him. Copyright 2023 Nexstar Media Inc. All rights reserved. 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 The appellant's argument is neither factually nor legally sound. Discuss Searcy, Arkansas (AR) on our hugely popular Arkansas forum. Please try your request again later. However, the appellant knowingly and intelligently waived his right to remain silent and his right to counsel prior to making his confession. 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 : Nail v. State, supra. Appellant's only argument is that the conduct of the police in obtaining the confession, considered in light of all the other circumstances, was such as to compel exclusion of the confession for the stated reasons. The State, it is argued, used this charge to allow it to qualify a death penalty jury. WebTwo unsolved Ozarks murders are back in the news this week. Over 3 million titles. Gamble has been charged with first degree murder, and residential burglary. WebSEARCY, Ark. 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. She holds a B.A. Therefore, the trial court did not err in admitting the appellant's confession into evidence. Shores v. U.S., 174 F.2d 838, 11 A.L.R.2d 635 (8th Cir., 1949). , Screen Reader The entire interview lasted approximately one hour. , Sticky notes Get the Android Weather app from Google Play, Arkansas MLK Commission gathers in Selma, Alabama, Two Hot Springs murder-suicide cases happen within, Tom Sizemore, Saving Private Ryan actor, dies at, Just proud we survived it; Storms destroy homes, Olympic ticket sales for Paris Games gets off to, Scherzer tests pitch clock limits, gets quick-pitch, 7 Cubs pitchers combine for no-hitter vs Machado,, Mikal Bridges helps Nets rally to stun Celtics, 115-105, NASCAR star Elliott has leg surgery after snowboard, Kurt Kitayama handles a windy Bay Hill as Jon Rahm, Two Hot Springs murder-suicide cases happen within 12-hours apart, Just proud we survived it; Storms destroy homes in Kirby, Kirby tornado nearly crushed family, sent others to hospital, Hogs use long ball, gain run-rule 12-2 win, Best smart home devices for older users, according, How to get started on spring cleaning early, according, Worried about your student using ChatGPT for homework? Sanders declares state of emergency after storms, Embattled UK Prime Minister Boris Johnson resigns, Zelensky: There will be two Victory Days in Ukraine. WebMCR-424 0:06:49 - PORTER RODGERS MANSION AT SEARCY WHERE MURDER HAPPENED - Mar-1975; MCR-424 0:07:04 - DAVID PRYOR AS GOV ON HIGHWAY COMMISSION CONTROVERSY DURING 75 SESSION - Mar-1975; 1 University of Arkansas Fayetteville, AR 72701 479-575-2000 NEWS. Growing up, she was religious and attended Harding University in the same city. Our nationally-comparable school ratings are covered under US Patent No. They have a home in a nice part of WebMost accurate 2021 crime rates for Searcy, AR. Book was based on true story in Searcy AR. On September 15, 2011, Kimberly's badly burned and decomposed body was discovered in Prairie County at the Wattensaw Refuge. Copyright 2000-2023 Location Inc. Lester then asked that the appellant accompany him to the prosecuting attorney's office for a formal interview. The appellant was sent to the Arkansas State Hospital for a mental examination and the results of that examination ultimately were introduced into evidence. He was last seen alive on Tuesday, June 8, 2004 in Jacksonville with an alleged drug trafficker. The appellant's organic brain syndrome was mild to moderate, and was certainly not severe. : Update: SEARCY, Ark.- Searcy Police and U.S. 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." 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. 1770, 20 L.Ed.2d 776 (1968). Dr. Kozberg felt that a complete battery of tests should be done. Lester finally asked the appellant if he was ready to talk to him. Dr. Kozberg also stated his opinion that the test results obtained by Dr. Althoff were not inconsistent with the results of Dr. Taub's tests. 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. The appellant met Lester between 12:30 P.M. and 12:45 P.M. on November 9 in Room 124 at the Kings Inn Motel. : This request was also refused by the trial court. Upon arriving, the appellant was informed by Officer W. A. Tudor that he was a suspect in the capital felony murder investigation of his wife's death. The appellant now brings to this Court eight points on which he relies for reversal. Property crimes that are tracked for this analysis are burglary, larceny over fifty dollars, motor vehicle theft, and arson. The appellant had organic brain syndrome which reduced his mental capacity, particularly when he was fatigued or under stress. When officers went inside the home, they found Madison dead. Under these circumstances we hold that Dr. Rodgers' rights received more than adequate protection at the hands of the police. The appellant contends that this was reversible error. This was done. However, Dr. Taub left his employment with the State in November of 1974 and went to work for the federal government. Please try again. Chris Edwards advised that the skeletal remains had been identified as Robert Simmons who was a missing person out of Augusta, Arkansas. Marlin Dwayne Bradley lived at 2612 Eastline Road in Searcy and was married to Kisa Bradley. Since 2010, I have been working this case. This second interview with the appellant was also recorded. WebOn the morning of September 26, 1974, the body of Fern Cowen Rodgers was discovered on the floor of her home in Searcy, Arkansas. NorthStar EMS responded and transported Mr. Varnell to the White County Unity Hospital Emergency Room where he received emergency medical treatment for his injuries, White County deputies said. On Sept 14, 2011, White County Sheriff's Deputies responded to Kimberly Steele's residence at 123 Town & Country Lane for a structure fire. 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. This argument is without merit. 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. , Language Cf. , 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. 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. The appellant then apparently, although he denies any recollection of it, made a statement to Lester which was incorporated in the confession. At the request of the appellant he was also permitted to personally confront Miss Hale, who confirmed to the appellant that she had made the statement to the police. Compare Searcy crime data to Here, on two prior occasions police interviews were terminated as soon as Dr. Rodgers indicated a desire to consult an attorney. Both the deceased and the appellant were very prominent, longtime residents of White County. 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.