IA - Shirley Carter, 68, shot to death, Lacona, 19 June 2015 *Arrest*

Discussion in 'Trials' started by OkieGranny, Jun 15, 2016.

  1. Niner

    Niner Long time Websleuther

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    Monday, Dec. 10th:
    *Motions Hearing (re Civil Case) (Day 1) (@ CT) – IA – Shirley Carter (68) (June 19, 2015, Lacona) – *Jason Gene Carter (45) “son” arrested (12/17/18) & charged (12/18/18) with 1st degree murder. Plead not guilty. $1M bond.
    A civil suit was brought against Jason by his father & siblings re mother’s death; 12/17/17 Jury unanimous decision that a preponderance of evidence existed he was liable for his mother’s death.
    5/2/18: Motion of change of venue was granted.
    10/17/18: Judge vacated jury’s verdict in civil suit. Hearing will be scheduled within 3 weeks, if not scheduled with 20 days one will be ordered before end of December.

    11/5/18: Monday, Marion County District Court Judge Martha Mertz ordered the two-day hearing to be held Dec. 10-11. If the judge agrees the new evidence would have changed the outcome, she can vacate the judgment or order a new civil trial.
     
  2. JerseyGirl

    JerseyGirl Staff Member Staff Member Forum Coordinators

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  3. Niner

    Niner Long time Websleuther

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    Tuesday, Dec. 11th:
    *Motions Hearing (re Civil Case) (Day 2) (@ CT) – IA – Shirley Carter (68) (June 19, 2015, Lacona) – *Jason Gene Carter (45) “son” arrested (12/17/18) & charged (12/18/18) with 1st degree murder. Plead not guilty. $1M bond.
    A civil suit was brought against Jason by his father & siblings re mother’s death; 12/17/17 Jury unanimous decision that a preponderance of evidence existed he was liable for his mother’s death.
    5/2/18: Motion of change of venue was granted.
    10/17/18: Judge vacated jury’s verdict in civil suit. Hearing will be scheduled within 3 weeks, if not scheduled with 20 days one will be ordered before end of December.
    11/5/18: Monday, Marion County District Court Judge Martha Mertz ordered the two-day hearing to be held Dec. 10-11. If the judge agrees the new evidence would have changed the outcome, she can vacate the judgment or order a new civil trial.
    12/10/18: Murder trial starts in March, 2019.
     
  4. Penny Parker

    Penny Parker Well-Known Member

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    Thanks to those who have posted articles about this case.
    I find it interesting from one of the articles that Shirley was shot with a rifle and at least the first two shots were believed to come from outside. But it was also stated that she apparently wasn't afraid of her killer. I think the Dateline video (which I haven't fully watched) said that her son, Jason, had come over to spray the fields that day. Was he outside shooting his dad's now missing rifle with or without Sherry's permission and then he shot her? Maybe afterward he came in and staged the house?

    My personal gut feeling is that they arrested the right man. I hate that the family has been put through so much grief because of greed/ selfishness. I personally understand the need for the civil case. It did seem to bring an arrest.

    Does anyone else have an opinion about this case?
     
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  5. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Hearing Monday in Jason Carter’s Bid to Overturn Wrongful Death Verdict (with clip)

    DECEMBER 10, 2018

    "KNOXVILLE, Iowa -- A man who was charged with murder in the death of his mother, after already being found liable in a civil wrongful death trial, will be in court Monday.

    Jason Carter is trying to overturn that civil court judgement, saying some evidence was withheld from him....

    The hearing to vacate the civil judgement or to obtain a new trial is expected to last for two days in Marion County.

    Carter's murder trial does not yet have a set date but a judge has already ruled to move it out of Marion County because of pre-trial publicity."

    Hearing Monday in Jason Carter’s Bid to Overturn Wrongful Death Verdict
    --------------------------------------------------------------------------------------------------------------------------------------


    Hannah Hilyard KCCI‏Verified account @Hannah_KCCI Dec 10
    Good morning from the beautiful Marion County Courthouse in Knoxville. We are here this morning for Jason Carter's petition to vacate hearing. He was found liable (civil lawsuit) for his mother's death back in December of last year. #iacourts


    Hannah Hilyard KCCI‏Verified account @Hannah_KCCI Dec 10
    Carter was immediately arrested and charged with first degree murder following the civil decision. Now, he says there is new evidence that exonerates him of it all. Hearing begins at 9:30! #iacourts


    Hannah Hilyard KCCI‏Verified account @Hannah_KCCI Dec 10
    Things are under way here in Knoxville. After some technological difficulties, we are are up and running! We have Jason Carter (defendant) and Bill Carter (plaintiff) sitting on opposite side of the table before the judge. #iacourts


    Stephen Gruber-Miller‏Verified account @sgrubermiller Dec 10
    Jason Carter's lawyers say the evidence would have changed the outcome of his civil trial, where he was found liable for $10 million. "Our entire approach at trial was predicated on the idea that there was no other legitimate suspect besides Jason Carter." #iacourts


    Hannah Hilyard KCCI‏Verified account @Hannah_KCCI Dec 10
    The defense attorneys say the new evidence is the fact DCI identified other possible suspects. They say their whole argument during last year's trial was based on the idea Jason Carter was the only suspect. This would have changed their whole argument. #iacourts


    Hannah Hilyard KCCI‏Verified account @Hannah_KCCI Dec 10
    The plaintiff's attorney says the defense had the opportunity to find this information before last year's trial, and we don't know if that information would change the outcome. #iacourts


    Hannah Hilyard KCCI‏Verified account @Hannah_KCCI Dec 10
    We are about twenty minutes (if that) into questioning, and we've had a handful of objections from the plaintiff's team. The defense is questioning DCI case agent Richard Schaaf. He interviewed those in the area of the murder but was not involved in case beyond that. #iacourts


    Hannah Hilyard KCCI‏Verified account @Hannah_KCCI Dec 10
    DCI Special Agent Mark Ludwick is now on the stand. He is the lead agent on the Shirley Carter case.

    The defense asks him "What did you do to prepare for your testimony today?"

    "Nothing." #iacourts


    Stephen Gruber-Miller‏Verified account @sgrubermiller Dec 10
    Ludwick says Jason Carter's fingerprints were on a gun safe in the home. Kanne says there's a photo from 15 years ago that was only turned over after the trial by Bill Carter that shows Jason assembling the safe. #iacourts



    Hannah Hilyard KCCI‏Verified account @Hannah_KCCI Dec 10
    The defense is currently asking Ludwick about some information they received from a Marion County inmate back in 2015.

    This inmate claimed the Followill brothers confessed to killing Shirley Carter during a burglary. #iacourts


    Hannah Hilyard KCCI‏Verified account @Hannah_KCCI Dec 10
    The court is breaking for lunch. Back at 1:15 #iacourts


    Hannah Hilyard KCCI‏Verified account @Hannah_KCCI Dec 10
    Special Agent Mark Ludwick is still on the stand. The defense is hitting him hard about these additional suspects. Lots of names are being thrown around of people who spoke with police about who shot Shirley -- none of those names are Jason Carter. #iacourts


    Hannah Hilyard KCCI‏Verified account @Hannah_KCCI Dec 10
    Things have wrapped up at the Marion County Courthouse tonight -- but don't you worry, we recap the highlights tonight at 6 p.m. on @KCCINews. The hearing picks back up tomorrow morning at 9:30. #iacourts
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    Last edited: Dec 11, 2018
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  6. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Jason Carter argues against civil judgment before criminal trial begins (with clip)

    Dec 10, 2018

    "KNOXVILLE, Iowa —
    Jason Carter got a chance Monday to argue against a $10 million civil judgement against him for his mother's 2015 shooting death....

    Lawyers say new evidence from an Iowa DCI report will exonerate him.

    Jason Carter's criminal trial will begin in March...."

    Jason Carter argues against civil judgment before criminal trial begins
    ------------------------------------------------------------------------------------------------------------------------------


    Stephen Gruber-Miller‏Verified account @sgrubermiller 7h7 hours ago
    Fautsch said Jason Carter hired a private investigator prior to the civil trial last year and that the investigator was looking into some of the other suspects Kanne was asking about. #iacourts


    Stephen Gruber-Miller‏Verified account @sgrubermiller 6h6 hours ago
    Alison Kanne says she spoke to Jason Carter's private investigator over lunch and he did not know about the other suspects prior to the civil trial. #iacourts


    Stephen Gruber-Miller‏Verified account @sgrubermiller 5h5 hours ago
    Here's my story on this morning's proceedings. Jason Carter's lawyers question law enforcement thoroughness in hearing for new trial #iacourts

    Jason Carter's lawyers question law enforcement thoroughness in hearing for new trial

    Dec. 11, 2018

    "KNOXVILLE, Ia. — Law enforcement failed to follow up on multiple leads when investigating the death of a Marion County woman whose son was found responsible for her death, his lawyers said Tuesday.

    But lawyers for the other side argued the leads were unreliable and that law enforcement pursued them as far as was reasonable....

    Jason Carter's lawyers argue that the new evidence would have changed the course of Carter's trial if it had been presented to a jury.

    Their strategy Tuesday was to poke holes in the competency of the investigation. Carter's defense called several agents from the Iowa Division of Criminal Investigation and Marion County Sheriff's Office, but much of the day was taken up with testimony from Detective Reed Kious, the lead case agent for the sheriff's office.

    "Do you recall stating in your deposition that you learned most of how to be a detective from TV shows?" Attorney Alison Kanne asked Kious at one point.

    "It's very possible I could have said that, yes," Kious said.

    One line of questioning Kious on Tuesday morning focused on other suspects in Shirley Carter's death that Kanne said law enforcement didn't pursue.

    Kanne asked Kious if he could rule out certain people as suspects in Shirley Carter's death.

    "They have alibis — but none that I can prove concretely where they are," Kious said....

    The hearing is scheduled to continue Wednesday."

    Jason Carter's lawyers question law enforcement thoroughness in hearing for new trial


    Stephen Gruber-Miller‏Verified account @sgrubermiller 3h3 hours ago
    Seddon says "the confusion of the moment" made his memory on the day of Shirley's death less reliable than later, when he testified in Jason Carter's civil trial that Jason made the comments. #iacourts
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  7. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    What evidence do they have that proves that Jason shot his mother????

    I didn't watch the Dateline video.

    What about this:

    "...Another interview took place months after Shirley died between DCI and Robert Sedlock, an inmate held in Marion County who claims two men named John and Joel Followill shot Shirley during a botched robbery.

    “I got a guy who admitted doing it. Or admitted that his brother did it," Sedlock said. “His brother got spooked and shot this woman. Shot her twice."..."

    New Audio Files Point to Other Potential Suspects in Carter v. Carter Case

    But then there's this:

    Detective Says Others Implicated in Shirley Carter’s Murder Have No Provable Alibi


    So...I don't know who shot Shirley. I don't have an opinion right now until the trial.
     
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  8. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Testimony in Jason Carter Evidence Hearing Continues in Knoxville

    December 11th

    "The defense and the plaintiffs in the Jason Carter case are examining bit by bit evidence in the shooting death of his mother — evidence which the defense says was not disclosed to them during his civil trial, in which he was found liable for her death....
    The hearing comes about partly because of one unusual factor; the civil case was tried before criminal charges were lodged against Jason Carter, and his defense team says evidence which normally would have been disclosed prior to a criminal trial was not presented to them.

    Carter’s defense attorneys believe access to this evidence — including investigative reports and fingerprint results — would have completely altered their approach.

    He is accused of shooting his mother at his boyhood home in June of 2015; both sides believe an apparent burglary at the scene was staged, and that Shirley Carter knew her assailant. The defendant maintained during the civil case his father Bill Carter was the one responsible.

    The court denied a motion to exclude all the non-disclosed evidence, and the sides are arguing the individual exhibits in evidence to determine whether they would be admissible — and whether their inclusion would have altered the jury’s verdict...."

    Testimony in Jason Carter Evidence Hearing Continues in Knoxville | KNIA / KRLS | The One to Count on
    ---------------------------------------------------------------------------------------------------------------------------------
     
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  9. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Hannah Hilyard KCCI‏Verified account @Hannah_KCCI 1h1 hour ago
    I'MMMM BACK! We are setting up shop at the Jason Carter hearing where he is asking for a judge to throw out his civil judgment. It was supposed to be a two-day hearing...but here we are on day three. Things are supposed to get going at 9:30. Stay tuned for updates! #iacourts


    Hannah Hilyard KCCI‏Verified account @Hannah_KCCI 31m31 minutes ago
    After a bit of housekeeping, the defense calls Bill Carter to the stand. He has a lot of notable titles in this case. He is the plaintiff. He is the husband of the victim, Shirley Carter. And he is the father of the defendant, Jason Carter. #iacourts


    Hannah Hilyard KCCI‏Verified account @Hannah_KCCI 25m25 minutes ago
    Court is looking @ a photo of Jason Carter putting together a gun safe with his young son. It is THE gun safe @ the center of last year’s civil trial. The defense says this pic, which they just learned existed, explains why his fingerprints were all over it.

    [​IMG]


    Hannah Hilyard KCCI‏Verified account @Hannah_KCCI 1m1 minute ago
    It's 10:23, and the defense rests. It's the plaintiff's turn, and they offer a deposition of Jason Carter into evidence. And now they rest! #iacourts
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  10. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Hannah Hilyard KCCI‏Verified account @Hannah_KCCI 9m9 minutes ago
    CLOSING ARGUMENTS: Defense up first. They say they've proven new evidence of potential suspects, fingerprint origin and altered timeline. "This is exactly the standard for a motion to vacate" #iacourts


    Hannah Hilyard KCCI‏Verified account @Hannah_KCCI 3m3 minutes ago
    CLOSING ARGUMENTS: The plaintiff says the defense's new evidence does not meet any of the elements to actually vacate a decision. He calls it "NONSENSE" that the defense is asking the court to "round up all the usual suspects" when there is already an obvious one. #iacourts
     
    Last edited: Dec 12, 2018
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  11. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Hannah Hilyard KCCI‏Verified account @Hannah_KCCI 37m37 minutes ago
    And before the lunch hour, we are done here in Knoxville. The judge says she is not going to make a decision today. Both sides have two weeks to submit any final briefs and then she will make her ruling after that (she has 60 days). #iacourts
    -----------------------------------------------------------------------------------------------------------------------------------
     
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  12. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Jason Carter's lawyers say evidence shows someone else may have killed his mother. But is it hearsay? (with clip)

    Dec. 10, 2018

    "KNOXVILLE, Ia. — Lawyers for an Iowa man found responsible for his mother's shooting death say they have evidence that someone else may have committed the crime — if they're allowed to share it.

    As lawyers for 45-year-old Jason Carter offered documents, played audio recordings and called witnesses to the stand Monday, they repeatedly were interrupted by objections that the evidence amounted to hearsay....

    His lawyers say evidence uncovered in the criminal investigation — which they did not have access to before the civil trial — shows Shirley Carter's killing may have been the result of a burglary gone wrong.

    But lawyers for Bill Carter, Shirley's husband, who sued his son over his wife's death, argued that none of the statements presented as evidence in this week's hearing should be allowed to overturn the original verdict, calling them "double, triple and even quadruple hearsay."

    "This is some of the least trustworthy evidence that you can imagine," said David Fautsch, one of Bill Carter's lawyers.

    In many instances, Judge Martha Mertz agreed with Bill Carter's lawyers that the evidence was inadmissible, in one case calling an audio recording of a man's interview with a DCI agent "double hearsay."..."

    Jason Carter's lawyers say evidence shows someone else may have killed his mother. But is it hearsay?
    ------------------------------------------------------------------------------------------------------------------------

    Evidence could alter killing verdict, Carter's team says

    Dec 11, 2018

    "...District Judge Martha Mertz kept a fairly tight leash Monday on attempts by Carter’s attorneys to introduce evidence implicating three other people in the crime. Much of their evidence would be inadmissible in a new trial, she said as she backed repeated objections by attorneys for Jason’s father, Bill, in defense of the Dec. 15, 2017, jury verdict.

    “This is double hearsay,” Mertz said in response to one attempt by Jason’s lawyers to introduce evidence. “It is inadmissible, and it’s not something the court’s going to consider to be admissible at trial if a new trial was granted.”

    How big of an “if” that is was unclear Monday, although Mertz repeatedly allowed interviews conducted by the Iowa Department of Criminal Investigation to be heard as an offer of proof by Jason Carter’s team. That’s a legal option she can use that lets his attorneys try to prove how evidence could potentially be relevant and admissible. She noted that offers of proof put things on the record in the event an appeals court questions the outcome.

    Alison Kanne, who led Jason Carter’s effort Monday, said there are plenty of reasons to challenge the verdict. Law enforcement had information about other suspects that they didn't pursue, she said. Other information that has emerged as DCI agents and Marion County officials gather evidence for Carter’s upcoming criminal trial in the June 2015 killing. New evidence would have changed the course of Carter's civil trial had the jury heard it, she said...."

    Evidence could alter killing verdict, Carter's team says
    --------------------------------------------------------------------------------------------------------------------------------
     
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  13. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Lawyer Claims Photo Explains Presence of Jason Carter’s Fingerprints on Gun Case

    DECEMBER 12, 2018

    "KNOXVILLE, Iowa — Both sides have rested their cases in a hearing over whether to overturn a civil judgment in the wrongful death case against Jason Carter – who is accused of killing his mother in 2015....

    During the final day of the hearing Wednesday, Jason Carter’s attorneys entered a photo from December of 2003 into evidence that shows Jason assembling a gun case. They say that is how Jason’s fingerprints made it onto the case. During the civil trial, the presence of his fingerprints on the case was used against Jason.

    Jason Carter’s attorneys say that is the only piece of forensic evidence against him and the photo from 2003 explains why his fingerprints were found on the item. Jurors in the civil trial never got to see the photo and were not informed about it.

    The lawyers in the case have two weeks to submit their briefs to the judge. The judge then has 60 days to issue a written ruling on the case.

    Jason Carter’s murder trial has not yet been scheduled but will be held outside of Marion County due to pre-trial publicity."

    Lawyer Claims Photo Explains Presence of Jason Carter’s Fingerprints on Gun Case
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    As hearing ends, an Iowa judge considers: Should Jason Carter get a new civil trial?

    Dec. 12, 2018

    "...Marion County Judge Martha Mertz set a deadline for the attorneys to file briefs in two weeks. She planned to decide within 60 days from that time whether to overturn the $10 million civil judgment against Jason Carter or grant him a new civil trial. ...
    Jason Carter's lawyers said evidence uncovered during the criminal investigation — which they did not have access to before the civil trial — shows someone else may have killed Shirley Carter in a burglary gone wrong. His attorneys argued the evidence would have changed the course of his civil trial if it had been presented to the jury.

    In his closing statements, Mike Weinhardt, one of Bill Carter's attorneys, compared Jason Carter's request to overturn the judgment or obtain a new trial to a scene in 1942 film "Casablanca." His attorneys were trying to "round up the usual suspects," something a police captain said in the movie, Weinhardt said.

    "That is nonsense," Weinhardt told the judge, later pointing to Jason Carter, who appeared in court in a maroon plaid shirt. "The killer is right there."

    Christine Branstad, one of Jason Carter's attorneys, said jurors were told during the trial that there were two suspects — her client and his father. However, new information now shows there could have been 10 or more, some of whom did not have substantial alibis, she said.

    "There were very clearly more," Branstad said, saying jurors only had a 50-50 option at the civil trial for suspects. The new evidence, she said, "changes the fractions."...

    With Bill Carter on the witness stand, Jason's attorneys showed a December 2003 photograph of Jason assembling a gun safe that Mark Ludwick, the lead agent on the case for the Iowa Division of Criminal Investigation, had testified his fingerprints were on.

    Jason Carter's attorneys said the fingerprints were the only forensic evidence presented during the civil trial that Bill Carter's team said implicated his son. One of Bill Carter’s lawyers said the relevance was not whether he touched the gun safe, but that he lied to police and claimed he had no knowledge of the safe...."

    As hearing ends, an Iowa judge considers: Should Jason Carter get a new civil trial?
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  14. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Closing arguments made in Jason Carter appeal

    Dec 12, 2018


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  15. Niner

    Niner Long time Websleuther

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    Wow - didn't realize this was going to be like a "mini" trial!

    [​IMG]


    for all the articles & tweets YESorNO!
     
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  16. Niner

    Niner Long time Websleuther

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    oh - geez - this posted 3 times... WS is wacky....
     
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  17. Niner

    Niner Long time Websleuther

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    delete.... triple post....
     
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