Mark Carver: North Carolina: Evidentiary hearing: Decision as to new trial expected before July 31: DNA evidence used against him is a key issue at the hearing: Was it good science? Reporter Adam Lawson: Gaston Gazette..."Mumma closed by reaffirming that she believes Carver didn’t commit the crime. “I am sorry for the Yarmolenko family,” she said. “We don’t like to go forward and challenge these convictions. We don’t want to be the Monday morning quarterback and we don’t want to use 20/20 and hindsight. We do it when we believe someone is innocent. We believe Ira Yarmolenko is innocent and we believe Mark Carver is innocent.” Both Carver and his cousin, Neal Cassada, were charged with first-degree murder in Yarmolenko’s death. Cassada died of a heart attack at home on the day before his trial was to begin."

PASSAGE OF THE DAY: "Throughout the hearing,  (defence attorney at hearing Chris )  Mumma called to the witness stand Carver’s psychologist, a DNA expert, a former State Crime Lab worker, a digital forensics specialist, several of Carver’s family members, police officers, a former Gaston County prosecutor and Carver’s former attorneys. She questioned Mount Holly’s investigation into Yarmolenko’s death, asked officers why there was no crime log being recorded or no digital footprint taken of Yarmolenko’s computer. She accused Ratchford and Phillips (defence lawyers on trial now accused of not providing effective assistance at trial)   of mishandling Carver’s police interrogation and the DNA evidence prosecutors used to help convict him of first-degree murder. But  (prosecutor) Hamlin pointed out that Mumma objected to having a DNA sample linked to Carver from Yarmolenko’s car retested, which might have cleared Carver. “The defense table raised enough money to go get the fingernails retested, found out they couldn’t get enough (DNA) for that but they couldn’t (re-test) the DNA that was a match,” Hamlin said. “They didn’t even try.” Mumma didn’t take questions after Friday’s hearing. On Thursday, Mumma said she didn’t inquire about re-testing DNA from the car before deflecting to talk about male DNA found on two of the three ligatures found around Yarmolenko’s neck);  “With this murder you start closest to the murder, and that’s the ligatures,” she said Thursday. At Carver’s trial, his defense did not put up any evidence. But Carver testified on his own behalf at this hearing."

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STORY: "Mark Carver left waiting for an answer in Ira Yarmolenko death case," by reporter Adam  Lawson, published by The Gaston Gazette, on April 12, 2019.

GIST: "Mark Carver’s bid to win a new trial could hinge on four major arguments his attorney raised before a judge over a nine-day hearing that ended Friday."

(1): Was the then 39-year-old man physically or mentally capable of killing UNC Charlotte student Ira Yarmolenko?

(2): Did his Gaston County attorneys Brent Ratchford and David Phillips provide him effective counsel at his 2011 trial?

(3): Was the DNA evidence used against him at trial good science?




(4):  Did Carver truly know the height of Ira Yarmolenko or did he just mimic the SBI agent who was interrogating him?

"The answers to those questions could determine whether Superior Court Judge Christopher Bragg of Union County grants Carver a new trial, dismisses the charges against him or allows his conviction and accompanying life sentence to stand. Bragg said he hopes to file a written decision by June 1, but certainly before his July 31 retirement. Stephanie Hamlin, one of the two prosecutors who helped convict Carver eight years ago, praised Ratchford and Phillips in her closing arguments Friday. “They are well prepared,” Hamlin said. “They know the law. They keep up with it. To have their trial tactic strategies, what they thought was the right trial judgment at the time, attacked is awful.” That tactic, Phillips and Ratchford testified this week, was to attack the state on its evidence. Carver would’ve gotten “brow beaten” and “crucified” on the stand, the attorneys said. Calling their own DNA expert to testify would only hurt their case. The late Dr. Ronald Ostrowski agreed with the state’s testing, calling it “good science” that linked Carver to Yarmolenko’s car, Ratchford testified. Mumma claimed Ratchford failed by not collecting Carver’s medical records, which she says showed a man getting weaker and weaker from carpal tunnel syndrome. She says he failed by not researching the DNA evidence more thoroughly, and that Phillips failed in his opening and closing argument by implying to jurors that Carver touched the car. “You can’t make a reasonable determination of how to approach a trial if you haven’t done the research,” Mumma said. “Those norms are established by the Sixth Amendment and the Sixth Amendment applies to Gaston County.” The Sixth Amendment guarantees those accused of crimes have the assistance of counsel at trial. Mumma, whose North Carolina Center on Actual Innocence website references eight men she’s helped exonerate, said her nonprofit rejects 98 percent of people who ask for her help. She represented Carver, she said, because she believes in his innocence. Throughout the hearing, Mumma called to the witness stand Carver’s psychologist, a DNA expert, a former State Crime Lab worker, a digital forensics specialist, several of Carver’s family members, police officers, a former Gaston County prosecutor and Carver’s former attorneys. She questioned Mount Holly’s investigation into Yarmolenko’s death, asked officers why there was no crime log being recorded or no digital footprint taken of Yarmolenko’s computer. She accused Ratchford and Phillips of mishandling Carver’s police interrogation and the DNA evidence prosecutors used to help convict him of first-degree murder. But Hamlin pointed out that Mumma objected to having a DNA sample linked to Carver from Yarmolenko’s car retested, which might have cleared Carver. “The defense table raised enough money to go get the fingernails retested, found out they couldn’t get enough (DNA) for that but they couldn’t (re-test) the DNA that was a match,” Hamlin said. “They didn’t even try.” Mumma didn’t take questions after Friday’s hearing. On Thursday, Mumma said she didn’t inquire about re-testing DNA from the car before deflecting to talk about male DNA found on two of the three ligatures found around Yarmolenko’s neck);  “With this murder you start closest to the murder, and that’s the ligatures,” she said Thursday. At Carver’s trial, his defense did not put up any evidence. But Carver testified on his own behalf at this hearing. He stuck to his story of having nothing to do with Yarmolenko’s death and of not going near the car. His own trial attorney, Ratchford, testified he believed Carver was not telling the truth when he said he had touched the car. District Attorney Locke Bell referenced this, both in his closing argument and afterward in an interview with media. Mumma claimed Carver could not have strangled Yarmolenko because carpal tunnel syndrome had weakened his hand strength. Bell pointed out that Carver could drive a car and a four-wheeler, fire a shotgun, fish and climb a 30-foot tree stand. Prosecutors also were able to introduce evidence concerning Carver’s violent past and history of mental illness. Carver shot his son in 2007 and shot a gun into his ex-wife’s home in 2005. He had been committed to the psychiatric ward of CaroMont Regional Medical Center in the past and took drugs to curb his mental health problems, according to testimony. Mumma closed by reaffirming that she believes Carver didn’t commit the crime. “I am sorry for the Yarmolenko family,” she said. “We don’t like to go forward and challenge these convictions. We don’t want to be the Monday morning quarterback and we don’t want to use 20/20 and hindsight. We do it when we believe someone is innocent. We believe Ira Yarmolenko is innocent and we believe Mark Carver is innocent.” Both Carver and his cousin, Neal Cassada, were charged with first-degree murder in Yarmolenko’s death. Cassada died of a heart attack at home on the day before his trial was to begin. Outside court, Bell said his confidence in Carver’s guilt hasn’t changed. “I’m convinced beyond a reasonable doubt and always have been since we looked at the evidence that he’s guilty,” he said. “That he and (cousin Neal) Cassada did it. I’ve never wavered. And looking at all this evidence I still believe he’s guilty.”"

The entire post can be read at: 
 https://www.gastongazette.com/news/20190412/mark-carver-left-waiting-for-answer-in-ira-yarmolenko-death-case

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/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher; The Charles Smith Blog.