STORY: "Man convicted in killing of UNCC student gets closer to chance of a new trial," by reporter Michael Gordon, published by The Charlotte Observer on April 20, 2017.
GIST: "Attorneys for convicted murderer Mark Carver say the case that led to his 2011 conviction for strangling a UNC Charlotte student already hung by its fingertips – and a disputed thread of DNA.
Based on a judge’s ruling Thursday, they say, that grip may have been loosened further. Superior Court Judge David Lee ordered that DNA evidence collected in 2008 from the scene of Irina Yarmolenko’s killing – evidence that played a major role three years later in Carver’s first-degree murder conviction – undergo updated state lab analysis. Lee, of Union County, issued his order at the request of Carver’s defense team. Chris Mumma and Cheryl Sullivan, both of the North Carolina Center on Actual Innocence, are seeking a new trial for Carver, 48, a Gaston County man now serving a life sentence without parole. New, improved DNA testing methods had gone into effect before Carver’s original trial, the attorneys say. But they were not used at the time the evidence against Carver was analyzed or presented to the jury. Expert witnesses for the prosecution said only that Carver’s DNA was among those found on the door of Yarmolenko’s car, which was wedged down an embankment of the Catawba River near her body. Mumma, executive director of the innocence center, said the actual DNA test results purportedly placing Carver at the murder scene were far less conclusive. She predicts that after new testing, prosecutors “will not be able to show that Mark Carver’s DNA was on that car.” Another key piece of evidence – Carver’s statements to police that appear to indicate he knew how tall Yarmolenko was – is also under scrutiny. Mumma said interrogation video – video never shown to Carver’s jury – instead reveals that Carver, who according to court filings had a tested IQ of 61, was coached into describing the victim’s height by his questioner. According to Mumma, that means the two most compelling pieces of evidence against her client will have been “fully discredited.” Gaston County District Attorney Locke Bell, who has long argued that Carver killed the UNCC student, did not return a phone call seeking comment after the hearing. In court, he told Lee that the new DNA testing would not disprove older methods that confirmed Carver’s DNA was found on Yarmolenko’s car.Last year, the Observer published “Death by the River,” a six-part series raising questions about Carver’s guilt. [Death by the River: The fisherman’s defense] In her motion for a new trial, Mumma claims that Carver’s trial attorneys botched his defense while detectives and the state crime labs mishandled or misrepresented key evidence."
The entire story can be found at:
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Based on a judge’s ruling Thursday, they say, that grip may have been loosened further. Superior Court Judge David Lee ordered that DNA evidence collected in 2008 from the scene of Irina Yarmolenko’s killing – evidence that played a major role three years later in Carver’s first-degree murder conviction – undergo updated state lab analysis. Lee, of Union County, issued his order at the request of Carver’s defense team. Chris Mumma and Cheryl Sullivan, both of the North Carolina Center on Actual Innocence, are seeking a new trial for Carver, 48, a Gaston County man now serving a life sentence without parole. New, improved DNA testing methods had gone into effect before Carver’s original trial, the attorneys say. But they were not used at the time the evidence against Carver was analyzed or presented to the jury. Expert witnesses for the prosecution said only that Carver’s DNA was among those found on the door of Yarmolenko’s car, which was wedged down an embankment of the Catawba River near her body. Mumma, executive director of the innocence center, said the actual DNA test results purportedly placing Carver at the murder scene were far less conclusive. She predicts that after new testing, prosecutors “will not be able to show that Mark Carver’s DNA was on that car.” Another key piece of evidence – Carver’s statements to police that appear to indicate he knew how tall Yarmolenko was – is also under scrutiny. Mumma said interrogation video – video never shown to Carver’s jury – instead reveals that Carver, who according to court filings had a tested IQ of 61, was coached into describing the victim’s height by his questioner. According to Mumma, that means the two most compelling pieces of evidence against her client will have been “fully discredited.” Gaston County District Attorney Locke Bell, who has long argued that Carver killed the UNCC student, did not return a phone call seeking comment after the hearing. In court, he told Lee that the new DNA testing would not disprove older methods that confirmed Carver’s DNA was found on Yarmolenko’s car.Last year, the Observer published “Death by the River,” a six-part series raising questions about Carver’s guilt. [Death by the River: The fisherman’s defense] In her motion for a new trial, Mumma claims that Carver’s trial attorneys botched his defense while detectives and the state crime labs mishandled or misrepresented key evidence."
The entire story can be found at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/