JONESBORO — Jeremy Lloyd, who is the attorney representing Curtis Carr, was granted a motion Monday for secondary council in Carr’s pending predatory sexual assault of a child case.
Lloyd — a state-appointed defense attorney — told Union County Judge Mark Boie that because of the voluminous nature of the evidence, he would need additional help to provide a quality defense for his client. Boie noted that Carr’s was likely the most complicated case he has yet attempted to try in his career. Lloyd said there were 35 subpoenaed witnesses for the state alone, as well as 37 DVDs of evidence.
Lloyd also pointed out to Boie that the state would have two attorneys working for their side and said while it was not his goal to “bankrupt the country,” he felt having the court appoint another lawyer to his team was “necessary” for him to defend Carr to the best of his ability.
After the state declined to comment on the motion, deferring to the court, Boie agreed with Lloyd about the sheer volume of evidence in the case — he pointed out two docket pages almost entirely dedicated to state subpoenas.
“And that’s not even your own (witnesses),” Boie said to Lloyd.
Boie said he knows there could be even more evidence added as he has made rulings allowing evidence to be submitted from other charges in and out of state. He also said the court has blocked out two weeks to try the case.
Boie said despite tight finances in the county, he would grant the motion for secondary council, citing a need for fundamental fairness for both sides.
Carr’s scheduled Jan. 22 jury trial is a retrying of charges dating back to 2013. Carr was arrested Aug. 16, 2013, and indicted in Union County on Sept. 10, 2013, on two counts of predatory sexual assault of a child and one count of aggravated kidnapping.
In a December 2013 jury trial, Carr was found not guilty of the kidnapping charge, but the jury was deadlocked on the last two charges. Another jury trial is scheduled to resolve the remaining two charges in the case. Carr was in custody during the 2013 trial and was bonded out, over the state’s objection, on Dec. 24, 2013.
Carr was arrested again in 2016 after it came to light he had broken the terms of his bond in Franklin County, where he is charged with three counts of child pornography.
Also taken up by the court was a complaint by the state regarding discovery. Assistant State’s Attorney Heather Heaslett said the state had a filed a motion for discovery in August of last year and was only given a response this past November. Heaslett said as well as taking a year and a half to get a response, it also did not meet minimum requirements — the state had asked for a witness list and were given a list of first names and cities. She said they should also have received witnesses' last names and last known addresses, among other information.
Lloyd said he was not trying to play “hide the ball” and would help in any way he could, however, he said there was some information he himself did not have.
Boie set a deadline for the defense to supply the state with the added information by Jan. 4.
Carr is scheduled to reappear in Union County Court for a pretrial conference at 9 a.m. Jan. 4. In Franklin County, Carr is scheduled to appear for a pretrial conference at 1:30 p.m. Feb. 1 on the child pornography charges.