GASTONIA, N.C. (AP) - A man serving life in prison for killing a college student in North Carolina will be back in court in September with his fate in the hands of a judge.
Superior Court Judge David Lee set a Sept. 25 date for a hearing to decide whether he should overturn Mark Carver’s convictions after hearing sometimes heated arguments over evidence in a Gaston County courtroom on Monday,
Prosecutors maintain that DNA evidence proves Carver strangled UNC Charlotte student Irina Yarmolenko in 2008, leaving her body near her car on the banks of the Catawba River.
But Carver’s lawyers said more advanced tests show the DNA found in a mixture of genetic material on Yarmolenko’s car can’t be definitely connected to Carver, and the state’s crime lab intentionally chose not to use the new tests before his 2011 trial.
“At a minimum, Mark Carver deserves a new trial,” said Chris Mumma, executive director of the North Carolina Center for Actual Innocence. “Most appropriate for justice, in my mind is that the charges should be dropped.”
Prosecutor Locke Bell, who tried Carver’s case six years ago, said he looks forward to September when he can argue his case before the judge instead of reporters.
“We will follow the law. He was convicted. The DNA was very clear. It was his DNA,” Bell said.
Carver, 48, was charged along with his cousin, Neal Cassada, who died from a heart attack the day before the trial.
Carver’s DNA was found on the 20-year-old student’s car, but not on the drawstring, bag handle and bungee cord used to strangle her.
A series of stories by The Charlotte Observer last year raised questions about the case.
Bell and Mumma argued again Monday on whether they were sharing evidence properly. Mumma wants DNA samples from investigators on the scene to compare to the DNA found on evidence.
Bell said the officers are worried Mumma and her investigators will improperly handle the samples - a swipe at Mumma’s integrity that angered her.
Judge Lee told both sides to resolve their disputes over evidence before the September hearing or he will punish them.
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