BACKGROUND: (North Carolina Center on Actual Innocence site):
Mark Carver:
Mark Carver was granted an evidentiary hearing, which is scheduled
to begin on April 2, 2019. The judge has recently granted our request
for additional DNA testing. In order to obtain the results in
time for the hearing, we need your help in raising $5,000 for the fees
necessary to rush the testing. We strongly believe in Mr. Carver’s innocence, and we appreciate any contribution you can make!
To donate to this fund go to: Facebook GoFundme.\
Mr. Carver was approached by an officer while fishing about 100 yards downriver, shook his hand, and provided the officer with his ID. He informed the officer that he had not seen or heard anything and that Mr. Cassada had been there earlier that day.
The State Crime Lab found that:
(1) A partial DNA profile obtained from above the driver’s side rear door of Ms. Yarmolenko’s vehicle was consistent with a DNA mixture, meaning more than one profile was present, and the predominant DNA profile matched Mr. Carver.
(2) Mr. Carver’s DNA could not be excluded from the partial DNA profile obtained from the seat belt button of the passenger side back seat.
(3) Swabs from the front passenger door armrest and the interior side front passenger door glass revealed profiles consistent with a mixture. The predominant DNA profile from those locations matched Mr. Cassada.
Mr. Carver and Mr. Cassada’s DNA were excluded from all other evidence collected at the crime scene, including the ligatures used to murder Ms. Yarmolenko. On December 12, 2008, Mr. Carver and Mr. Cassada were arrested for the murder of Ms. Yarmolenko. Despite their arrests, DNA from ten alternate suspects was tested and a Crime Stoppers advertisement continued to run. Some of the testing of alternate suspects even occurred after trial dates had been set in the case.
Mr. Carver has always maintained his innocence. He has always denied touching or going anywhere near the car. This was the first case in North Carolina where an appellate court considered “touch” DNA evidence.
The News & Observer: Man Convicted in Killing of UNCC Student Gets Closer to Chance of a New Trial
The Charlotte Observer: 7 part series – Death by the River
Mark Carver 2018 Amended Motion for Appropriate Relief
The entire backgrounder can be read at:
https://www.nccai.org/mark-carver/
To donate to this fund go to: Facebook GoFundme.\
Incarcerated for 8 years and counting:
Mark Carver was convicted on March 21, 2011 for the murder of UNC-Charlotte student Irina Yarmolenko and sentenced to life in prison. The victim’s body was found on an embankment of the Catawba River a hundred yards from the spot where Mr. Carver and his cousin, Neal Cassada, had been fishing. Although there was no clear evidence of guilt, both men were charged with Ms. Yarmolenko’s murder. Mr. Cassada died as a result of pre-existing heart problems the day before his trial.Case Background:
On May 5, 2008, two jet skiers discovered Ms. Yarmolenko’s body on the ground next to her car, which was at the bottom of an embankment where it had become snagged on a stump at the river’s edge. Three ligatures were around her neck, all of which came from within her vehicle.Mr. Carver was approached by an officer while fishing about 100 yards downriver, shook his hand, and provided the officer with his ID. He informed the officer that he had not seen or heard anything and that Mr. Cassada had been there earlier that day.
The Forensics:
Mr. Carver and Mr. Cassada voluntarily provided their DNA and fingerprints to law enforcement.The State Crime Lab found that:
(1) A partial DNA profile obtained from above the driver’s side rear door of Ms. Yarmolenko’s vehicle was consistent with a DNA mixture, meaning more than one profile was present, and the predominant DNA profile matched Mr. Carver.
(2) Mr. Carver’s DNA could not be excluded from the partial DNA profile obtained from the seat belt button of the passenger side back seat.
(3) Swabs from the front passenger door armrest and the interior side front passenger door glass revealed profiles consistent with a mixture. The predominant DNA profile from those locations matched Mr. Cassada.
Mr. Carver and Mr. Cassada’s DNA were excluded from all other evidence collected at the crime scene, including the ligatures used to murder Ms. Yarmolenko. On December 12, 2008, Mr. Carver and Mr. Cassada were arrested for the murder of Ms. Yarmolenko. Despite their arrests, DNA from ten alternate suspects was tested and a Crime Stoppers advertisement continued to run. Some of the testing of alternate suspects even occurred after trial dates had been set in the case.
The Trial:
Carver’s attorneys did not present any evidence at trial. They relied entirely on cross-examination of the State’s expert witnesses to defend him. Had they consulted with a competent forensic scientist, they would have learned that in April 2010, almost a year before Mr. Carver’s trial, the Scientific Working Group on DNA Analysis Methods published updated guidelines for interpretation and reporting of DNA mixtures that were relevant to the evidence presented at trial. Had the DNA testing been reported using the appropriate guidelines, none of it would have been reported as “matching” Mr. Carver.Mr. Carver has always maintained his innocence. He has always denied touching or going anywhere near the car. This was the first case in North Carolina where an appellate court considered “touch” DNA evidence.
Center Involvement:
The Center has been investigating Mr. Carver’s case since 2013. Based on DNA evidence, as well as the identification of a number of other investigative flaws, on December 8, 2016, the Center filed a Motion for Appropriate Relief on behalf of Mr. Carver. The judge granted an evidentiary hearing, which is scheduled to begin on April 2, 2019.Mark Carver’s Case in the Media:
Malpractice in America’s Crime Labs Is Putting Innocents in Jail, Letting Convicts Off the HookThe News & Observer: Man Convicted in Killing of UNCC Student Gets Closer to Chance of a New Trial
The Charlotte Observer: 7 part series – Death by the River
Documents
Mark Carver – Motion for Appropriate Relief – 12/8/2016Mark Carver 2018 Amended Motion for Appropriate Relief
The entire backgrounder can be read at:
https://www.nccai.org/mark-carver/
PASSAGE ONE OF THE DAY: "Chris Mumma brought up the idea that evidence was tainted while former detective Workman was on the stand. Workman said he was the one to collect fingerprints from Yarmolenko’s car two months after her body was found. He couldn’t say why he was called in to do so, so late in the investigation. He also admitted that at one point while collecting DNA, he was not wearing gloves. After more questions from the defense, Workman went on to say that the car was not sealed while in storage, leaving the defense to argue that evidence could have been contaminated. At the time of the investigation, police said that Carver’s DNA was found on the car and it’s a big reason why he’s serving a life sentence now. “The fact that his DNA was on her car and her car was just a few feet from her, that put him right there with her body. I don’t see any other way that could happen unless he was involved with her death,” said Newsome, who served as a juror, in 2011 after the trial concluded. But Workman testified on Friday that he told jurors during the 2011 trial that he never found a DNA match for Carver or his cousin Neal Cassada, who was also charged for Yarmolenko’s death but died the day before he was to go to trial."
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PASSAGE TWO OF HE DAY: "Mumma took some time to speak to the judge to ask for clarity about his role in the hearing. The judge told her that he does not have the power to decide whether Carver is innocent, but he can drop the charges completely or rule that there be another trial."
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STORY: "Was Mark Carver’s DNA really found on victim’s car? Evidence comes into play during day four of hearing," by reporter Bria Bell, published by WBTV on April 5, 2019.
GIST: "A courtroom bombshell. Was Mark Carver’s DNA really found on Ira Yarmolenko’s car in 2008? A Gaston county investigator’s testimony called that into question. This is big because DNA played a huge role in this investigation. At the time, police said touch-DNA from Mark Carver was fond on Yarmolenko’s car. Former Gaston County Detective, Jim Workman, also said there were some pieces of evidence that never went through testing. Even former prosecutor, Bill Stetzer, took the stand to say an officer handling the case never submitted a report of his findings. Mark Carver’s attorney, Chris Mumm, questioned whether the state really wanted justice or just a conviction. “I ain’t the one who done it," said Mark Carver in a jail house interview in 2008. He turned down a plea deal which would’ve put him in jail for 8-years max, and if he had taken it, he probably would be a free man today. He decided to leave his fate to his peers. “I had no problem at all coming to the conclusion that he was responsible for her death,” said Warren Newsome during an interview with WBTV in 2011. Newsome was one of 12 jurors in Carver’s original trial. After sitting through days of witness testimony from the people who found Ira’s body, police and forensic specialists – he believed he made the right decision based on the evidence. Fast forward to Friday, Carver is back in court fighting for a new trial and his defense attorney says she’s not sure jurors were presented with clear-cut evidence. Chris Mumma brought up the idea that evidence was tainted while former detective Workman was on the stand. Workman said he was the one to collect fingerprints from Yarmolenko’s car two months after her body was found. He couldn’t say why he was called in to do so, so late in the investigation. He also admitted that at one point while collecting DNA, he was not wearing gloves. After more questions from the defense, Workman went on to say that the car was not sealed while in storage, leaving the defense to argue that evidence could have been contaminated. At the time of the investigation, police said that Carver’s DNA was found on the car and it’s a big reason why he’s serving a life sentence now. “The fact that his DNA was on her car and her car was just a few feet from her, that put him right there with her body. I don’t see any other way that could happen unless he was involved with her death,” said Newsome, who served as a juror, in 2011 after the trial concluded. But Workman testified on Friday that he told jurors during the 2011 trial that he never found a DNA match for Carver or his cousin Neal Cassada, who was also charged for Yarmolenko’s death but died the day before he was to go to trial. Mumma took some time to speak to the judge to ask for clarity about his role in the hearing. The judge told her that he does not have the power to decide whether Carver is innocent, but he can drop the charges completely or rule that there be another trial."
GIST: "A courtroom bombshell. Was Mark Carver’s DNA really found on Ira Yarmolenko’s car in 2008? A Gaston county investigator’s testimony called that into question. This is big because DNA played a huge role in this investigation. At the time, police said touch-DNA from Mark Carver was fond on Yarmolenko’s car. Former Gaston County Detective, Jim Workman, also said there were some pieces of evidence that never went through testing. Even former prosecutor, Bill Stetzer, took the stand to say an officer handling the case never submitted a report of his findings. Mark Carver’s attorney, Chris Mumm, questioned whether the state really wanted justice or just a conviction. “I ain’t the one who done it," said Mark Carver in a jail house interview in 2008. He turned down a plea deal which would’ve put him in jail for 8-years max, and if he had taken it, he probably would be a free man today. He decided to leave his fate to his peers. “I had no problem at all coming to the conclusion that he was responsible for her death,” said Warren Newsome during an interview with WBTV in 2011. Newsome was one of 12 jurors in Carver’s original trial. After sitting through days of witness testimony from the people who found Ira’s body, police and forensic specialists – he believed he made the right decision based on the evidence. Fast forward to Friday, Carver is back in court fighting for a new trial and his defense attorney says she’s not sure jurors were presented with clear-cut evidence. Chris Mumma brought up the idea that evidence was tainted while former detective Workman was on the stand. Workman said he was the one to collect fingerprints from Yarmolenko’s car two months after her body was found. He couldn’t say why he was called in to do so, so late in the investigation. He also admitted that at one point while collecting DNA, he was not wearing gloves. After more questions from the defense, Workman went on to say that the car was not sealed while in storage, leaving the defense to argue that evidence could have been contaminated. At the time of the investigation, police said that Carver’s DNA was found on the car and it’s a big reason why he’s serving a life sentence now. “The fact that his DNA was on her car and her car was just a few feet from her, that put him right there with her body. I don’t see any other way that could happen unless he was involved with her death,” said Newsome, who served as a juror, in 2011 after the trial concluded. But Workman testified on Friday that he told jurors during the 2011 trial that he never found a DNA match for Carver or his cousin Neal Cassada, who was also charged for Yarmolenko’s death but died the day before he was to go to trial. Mumma took some time to speak to the judge to ask for clarity about his role in the hearing. The judge told her that he does not have the power to decide whether Carver is innocent, but he can drop the charges completely or rule that there be another trial."
The entire story can be read at:
