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Thread: Quake Lewellyn Sentenced to LWOP in 2020 AR Slaying of 25-Year-Old Sydney Sutherland

  1. #11
    Administrator Helen's Avatar
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    Quake Lewellyn’s lawyers prep death penalty defense, file motion to change venue in Sydney Sutherland kidnapping, murder case

    The prosecutor confirmed he was "absolutely" pursuing the death penalty against Lewellyn

    By Mitch McCoy

    KARK News

    JACKSON COUNTY, Ark. – The defense team representing the man charged in the kidnapping, rape and murder of an Arkansas jogger filed nearly 50 motions Thursday in a move that will set the stage for a death penalty defense.

    Quake Lewellyn, 28, faces capital murder, kidnapping, rape and abuse of a corpse charges after 25-year-old Sydney Sutherland was found dead after going for a run in August of 2020.

    Lewellyn’s defense team, including prominent Little Rock lawyers Bill James and Jeff Rosenzweig, filed 48 different motions Thursday in Jackson County Circuit Court.

    “What happened was a horrible accident and nothing about it was intentional,” said James.

    The motions were filed after prosecutor Ryan Cooper did not waive the death penalty in the case.

    In a phone conversation Friday, Cooper confirmed he was “absolutely” pursuing the death penalty against Lewellyn.

    In an exclusive interview that happened in March, Sutherland’s mother, Maggy Sutherland, said she wanted Lewellyn to face the death penalty.

    “As of right now, I’m going to say yes,” she said. The Sutherlands said they don’t think they’ll find a day to forgive Lewellyn.

    Lewellyn’s defense team is requesting the death penalty be excluded as a sentencing option and that their client’s trial be held in a different venue.

    “Lewellyn asserts that the minds of the inhabitants of Jackson County are so prejudiced against him, that a fair and impartial trial cannot be held in Jackson County,” the motion states.

    The defense argued that yard signs, billboards, the dedication of the Highway 67/167 overpass and community events, such as the prayer vigil held a month after Sutherland was found dead, would make it impossible to hold a fair trial in Jackson County.

    “This case has been the subject of multiple local, national, and international news stories,” the motion continues. “An attempt to assemble an impartial jury in a small-population county inundated with the case is bound to fail. Change of venue is the mechanism to vindicate that right to a fair trial before an impartial jury.”

    Lewellyn’s team has requested a “death-qualified jury.” They also filed a motion to prevent victim impact evidence or have the statement available to them in pretrial review. The attorneys have asked the court no more than one person be allowed to offer a victim impact statement.

    The court will have a hearing on July 6.

    Jury selections are scheduled to begin September 28.

    https://www.kark.com/crime/quake-lew...se/#/questions
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  2. #12
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    Defense asks for continuance in Quake Lewellyn case

    By KATV News

    LITTLE ROCK (KATV) — The attorneys for a man accused of capital murder in the death of a Jackson County woman last year have asked a circuit judge to continue the case until at least spring 2022, according to court records.

    KATV content partner KAIT Region 8 News reports that both attorneys for Quake Lewellyn filed the motion for continuance in Jackson County Circuit Court.

    Lewellyn was arrested in 2020 on suspicion of capital murder, rape, and kidnapping of Sydney Sutherland.

    In the three-page filing, the attorneys cited the prosecution’s seeking of the death penalty, as well as constitutional concerns, as reasons for their request.

    As of Friday afternoon, a judge had not ruled on the motion.

    A pre-trial date is set for July 6 in the case.

    https://katv.com/newsletter-daily/de...-lewellyn-case
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  3. #13
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    Lawyers for Quake Lewellyn ask to drive truck thought to be involved in kidnapping, death of Sydney Sutherland

    Lawyers defending a man accused of kidnapping, raping and killing a Jackson County woman are asking a judge to test drive evidence.

    Quake Lewellyn’s attorney filed a motion requesting Lewellyn’s truck, which is currently in the possession of law enforcement, be test-driven by an expert hired by the defense team.

    In order to do this, the attorneys asked that the tires be reinstalled on the truck.

    They are also asking for permission to test drive the truck at the location where deputies say Sydney Sutherland was last seen, on Jackson County Road 41.

    The attorney further requested that the determinations of the expert by considered privileged unless the driver becomes a defense witness.

    Sutherland’s body was found last year days after disappearing while she was on a run.

    A judge has not made a decision on the motion, one of dozens Lewellyn’s attorneys have filed ahead of the expected trial this fall.

    Lewellyn is facing charges of capital murder, kidnapping, rape and abuse of a corpse in the case.

    Prosecutor Ryan Cooper has said he is not waiving the death penalty in the case, telling FOX 16 News that he was “absolutely” pursuing that option.

    Lewellyn’s defense team has requested the death penalty be excluded as a sentencing option and that their client’s trial be held in a different venue.

    (source: Fox News)
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  4. #14
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    Judge ponders moving Lewellyn murder trial

    NEWPORT — A judge has scheduled a July 23 hearing date on a motion to move a highly publicized murder case out of Jackson County.

    Attorneys for Quake Lewellyn, 28, of Jonesboro, sought the change of venue. Lewellyn is charged with capital murder in the August death of Sydney Sutherland, a 24-year-old nurse from rural Tuckerman.

    The Jackson County Quorum Court in April voted to name an overpass on Jackson Road 41, near where was she was last jogging, in Sutherland’s honor.

    Circuit Judge Rob Ratton has also scheduled a hearing for Oct. 4 to consider other defense issues related to the case.

    Lewellyn had been scheduled to stand trial beginning Sept. 28 in Newport. However, Ratton’s order July 7 said defense attorneys have requested that the trial be postponed.

    “The Court and counsel will endeavor expeditiously to find a trial date,” Ratton’s order stated.

    Court documents show Lewellyn told a mental health professional that he struck the woman with his truck while checking wells in the area.

    Though he was “scared and afraid,” he then loaded Sutherland’s body into the tailgate of his truck and drove her to a rice field, where he planned to bury her, according to reports. Lewellyn confessed to “trying to mess with her” before burying her.

    The victim’s iPhone was found in a field along Jackson 41 South. Sutherland’s body was found yards away from where Lewellyn’s phone pinged following a two-day search by law enforcement and hundreds of community volunteers, a document states.

    Lewellyn is being held without bond on charges of capital murder, kidnapping, rape and abuse of a corpse.

    https://www.jonesborosun.com/news/ju...bd41d5476.html
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  5. #15
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    Lewellyn appears in court, defense asks for change of venue

    Decision by judge on change of venue expected in next 10 days

    By Region 8 Newsdesk

    NEWPORT, Ark. (KAIT) - A Jackson County man accused of capital murder and rape in the death of a woman in 2020 was in a courtroom Friday as his attorneys are seeking a change of venue in his case.

    Quake Lewellyn of Jonesboro, who also faces kidnapping and abuse of corpse charges, was arrested in the death of Sydney Sutherland.

    In the three-hour hearing at the Jackson County Courthouse, defense attorneys for Lewellyn are asking that the case be moved out of Jackson County and into another county in the judicial district.

    In addition to Jackson County, the 3rd Judicial District includes Lawrence, Randolph, and Sharp counties.

    Lewellyn’s attorneys argued that it would be hard and nearly impossible to get an impartial jury in the case. According to Arkansas Code 16-88-201, a case can be moved to another county.

    “Any criminal cause pending in any circuit court may be removed by the order of the court, or by the judge thereof in vacation, to the circuit court of another county whenever it shall appear, in the manner provided in this subchapter, that the minds of the inhabitants of the county in which the cause is pending are so prejudiced against the defendant that a fair and impartial trial cannot be had in that county,” the law noted.

    There were four defense witnesses Friday, three of whom lived in the Newport and Tuckerman area.

    Each of the witnesses was asked if they had heard about the case, heard someone talk about it, or if people could be impartial about hearing the case.

    There was a fourth witness from the Arkansas Public Defender Commission, who showed news articles about the case as well as signs and billboards about the case.

    There were also two pieces of video of an interview done by a Little Rock television station with Sutherland’s mother shown in court, plus a podcast from Nancy Grace.

    However, prosecutors said the witnesses Friday were from three of only 14 townships in the county and that each sign supported Sutherland and none of the signs called for the prosecution of Lewellyn.

    Prosecutors also said the defense provided only assertions that a fair trial could not be done in the case.

    Lewellyn is scheduled to be back in court on Oct. 4 for a second hearing on a series of defense motions in the case.

    https://www.kait8.com/2021/07/23/lew...-change-venue/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  6. #16
    Administrator Helen's Avatar
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    Judge orders change of venue in Lewellyn case

    KAIT News

    NEWPORT, Ark. (KAIT) - A judge issues a change of venue for a Jackson County man accused of capital murder and rape in the death of a woman in 2020.

    Circuit Judge Rob Ratton ordered Monday the case be moved to Lawrence County, according to online court records.

    In July, defense attorneys for Quake Lewellyn asked to move the case out of Jackson County and into another county in the judicial district.

    In addition to Jackson County, the 3rd Judicial District includes Lawrence, Randolph, and Sharp counties.

    Quake Lewellyn faces kidnapping and abuse of corpse charges in Sydney Sutherland’s death.

    Lewellyn’s attorneys argued that it would be hard and nearly impossible to get an impartial jury in the case. According to Arkansas Code 16-88-201, a case can be moved to another county.

    “Any criminal cause pending in any circuit court may be removed by the order of the court, or by the judge thereof in vacation, to the circuit court of another county whenever it shall appear, in the manner provided in this subchapter, that the minds of the inhabitants of the county in which the cause is pending are so prejudiced against the defendant that a fair and impartial trial cannot be had in that county,” the law noted.

    There were four defense witnesses Friday, July 23, three of whom lived in the Newport and Tuckerman area.

    Each of the witnesses was asked if they had heard about the case, heard someone talk about it, or if people could be impartial about hearing the case.

    There was a fourth witness from the Arkansas Public Defender Commission, who showed news articles about the case as well as signs and billboards about the case.

    There were also two pieces of video of an interview done by a Little Rock television station with Sutherland’s mother shown in court, plus a podcast from Nancy Grace.

    However, prosecutors said the witnesses Friday were from three of only 14 townships in the county and that each sign supported Sutherland and none of the signs called for the prosecution of Lewellyn.

    Prosecutors also said the defense provided only assertions that a fair trial could not be done in the case.

    Lewellyn is scheduled to be back in court on Oct. 4 for a second hearing on a series of defense motions in the case.

    https://www.kait8.com/2021/07/23/lew...-change-venue/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  7. #17
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    Hearing in Sutherland murder set

    By Keith Inman
    The Sun

    NEWPORT — As a hearing in a capital murder case approaches, defense lawyers are seeking to ban the death penalty and to throw out a confession.

    Quake Lewellyn, 29, of Jonesboro is charged with capital murder, kidnapping, rape and abuse of a corpse. He’s accused of killing Sydney Sutherland, a 24-year-old nurse from Tuckerman in August 2020.

    His trial was moved from Jackson County to Lawrence County because of “the extensive publicity and media interest this case has attracted.” No actual trial date has been set. However, a pretrial hearing is set for 9 a.m. Monday in Newport.

    Defense attorneys William O. “Bill” James and Jeff Rosensweig, both of Little Rock, argued in a document last week that the death penalty should be taken off the table because the criminal information filed by prosecutors “is an insufficient basis on which the State may seek the death penalty.”

    Henry Boyce was the prosecutor for the 3rd Judicial District when the charges were filed. Ryan Cooper succeeded him after Boyce was elected a district judge.

    James and Rosensweig cited three U.S. Supreme Court decisions to back up their argument. Cooper said in a response filed Tuesday that he’s willing to amend the charging information to include the aggravating circumstances that call for the death penalty, “notably that the capital murder was committed in an especially depraved manner indicating the defendant relished the murder, evidencing debasement and perversion, and showing an indifference to the suffering of the victim and evidencing a sense of pleasure in committing the murder.”

    Also during Monday’s hearing defense attorneys want prosecutors to prove that a confession Lewellyn reportedly made to investigators was voluntary.

    The motion to suppress the statement said Lewellyn was interrogated three times on Aug. 21, 2020, and “certain statements were taken from him.”

    “Statements arising from custodial interrogation are presumed to be involuntary,” James and Rosensweig contend. “The burden is on the State to prove that a defendant knowingly and intelligently waived his privilege against self-incrimination and his right to an attorney, and that he voluntarily made the statement.”

    Among other requests the defense attorneys have made is providing access to physical evidence in the state’s possession so that the evidence can be independently tested.

    Court documents show Lewellyn told a mental health professional that he struck the woman with his truck while checking wells in the area.

    Though he was “scared and afraid,” he then loaded Sutherland’s body into the tailgate of his truck and drove her to a rice field, where he planned to bury her, according to reports. Lewellyn confessed to “trying to mess with her” before burying her.

    The victim’s iPhone was found in a field along Jackson 41 Road South. Sutherland’s body was found yards away from where Lewellyn’s phone pinged following a two-day search by law enforcement and hundreds of community volunteers, a document states.

    https://www.jonesborosun.com/news/he...47fcec784.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  8. #18
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    Lewellyn pleads guilty in Sydney Sutherland murder

    KAIT News

    JACKSON COUNTY, Ark. (KAIT) - The man accused of killing a 25-year-old Jackson County woman will spend the rest of his life in prison.

    In a Jackson County courtroom Friday, 29-year-old Quake Lewellyn of Jonesboro pleaded guilty to capital murder and rape, waiving a jury trial. After entering his plea, the judge sentenced him to life in prison without parole. He will not face the death penalty.

    He had been charged with capital murder, rape, kidnapping, and abuse of a corpse in the 2020 death of Sydney Sutherland.

    Prior to his plea deal, prosecutors had said if a jury convicted Lewellyn of capital murder they would absolutely seek the death penalty.

    Lewellyn’s attorneys had argued that the crime was a “horrible accident and nothing about it was intentional.”

    But, according to court documents, Lewellyn told Arkansas State Police investigators he first struck Sutherland with his pickup truck then raped and buried her.

    The courtroom Friday was full of people wearing pink, Sutherland’s favorite color, to show their support for her still-grieving family.

    https://www.kait8.com/2021/10/01/lew...erland-murder/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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