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match tonight a 2020 investigation
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the amazing story that could be the next
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making a murderer
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he was like they're trying to pin this
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on me i was like dad what are you
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talking about
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they're talking about this nature loving
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girl found murdered on a riverbank
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there's a car that's run off an
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embankment and there's a body land
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now the man found fishing nearby
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sentenced to life
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for killing her a man many think is
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innocent
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and what you see tonight could set him
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free
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did the evidence of a brutal strangling
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put him away
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it was knotted very tightly around her
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neck or was it a hell-bent detective
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honing in on an easy a car
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you target heard a car you never touched
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the car low behold guess whose dna is
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inside a dead girl's car
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tonight one woman's crusade to prove his
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innocence
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people just lost track of who was doing
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what lost track in a high-profile murder
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case
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we're showing you the crime scene at the
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water's edge fishing
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there's no way i could even lean out and
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see that there's anything going on
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tapes the jury never saw even the judge
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now rethinking the case what do you
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think after watching that
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videotape it does make me question
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whether or not
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mark carver did it did they catch a
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murderer
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or make one if mark carver didn't kill
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iri yamalenka
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then who did
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hello i'm elizabeth vargas and i'm david
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muir as we come on the air here tonight
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a man sits in a north carolina prison
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nearly six years
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into a life sentence for killing this
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young woman right here behind us tonight
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but just like that hit documentary
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series making a murderer questions are
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now being raised
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is an innocent man behind bars just
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yesterday mark carver's lawyer filed a
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motion to have his conviction overturned
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to start fresh with a new trial i've now
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spent hours with that man at the center
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who refused a plea deal
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saying he wouldn't confess to something
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he didn't do
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after tonight will you think he did it
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drive west from charlotte north carolina
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on interstate 85
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and you'll cross the catawba river wide
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and placid it's a big draw for
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recreational boaters and sportsmen
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in close but separate locations on the
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river's wooded banks
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two people arrive here on the morning of
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may 5th 2008
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they could not be more different
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[Music]
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one is a 20 year old student from nearby
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unc
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charlotte ira yarmolenko a musician
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a photographer a poet we
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as women as children an outdoorsy type
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who loves nature really
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enjoyed the beauty of nature she tried
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to find it everywhere
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pavel is era's brother why do you think
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your sister drove to the river that day
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i think that she was looking for a
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pretty spot to take pictures at
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ira is originally from the ukraine
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immigrating here with her family when
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she was just seven years old
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the other person on the river that day
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39 year old mark carver
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he's from just down the road in nearby
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gastonia
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a dirt road which bears his family name
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lined with modest dwellings which house
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his relatives
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carver was a very simple person
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his family lived out in the country
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didn't have much education
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could not read very well cannot write
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very well
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unlike era mark has never been to
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college in fact he's never gone to high
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school
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after years of working in the local
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cotton mills he now spends his day here
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at this fishing hole on the catawba
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where he casts away his troubles
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often with this man his cousin neil
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cassida robin carver is mark's
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sister-in-law
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oh they were together all the time when
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they were fishing and stuff
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what happened on that river that bright
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may day is as perplexing as it was
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violent but this much we can tell you
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for sure
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today ira yarmolenko is in a north
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carolina cemetery
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and mark carver is in this north
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carolina prison
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serving a life sentence for her murder
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i recently went behind the barbed wire
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and concrete walls
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to hear his story hi mark hi i'm
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elizabeth
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nice to meet you why don't you have a
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seat okay
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how long have you been in this prison
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mark five years
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there is no question that what happened
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to era that day was
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terrible and tragic but attorney chris
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mumma who's devoted her career to
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exonerating the wrongfully convicted
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says carver is also a victim we think
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mark is innocent
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and if mark is innocent the family has
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not received justice and the true
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perpetrator is still out on the streets
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mumma took me out on the river to the
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spot where carver and cassidy were
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fishing that morning
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mark would back his truck up to this
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down this road
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so he didn't walk the road he drove down
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he drove down
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and literally parked with the back of
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the truck right here he would sit on the
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back the tailgate and fish
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cassette left around 12 30 that
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afternoon leaving carver alone
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half an hour later two jet skiers out
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for a ride on the catawba
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come upon a gruesome scene
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i'm a boater on the catawba river
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something blue and metallic catches the
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eye of one of the jet skiers
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there's a car that's run off an
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embankment and there's a body land
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laying there i don't know if there are
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or not and as they
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motor up closer they see the body of a
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young girl lying in the grass beside the
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car
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it is ira yarmolenko her body her car
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found 100 yards up river from carver's
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fishing hole
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the police found ear's body right beside
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the driver's side of the cart
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elizabeth leland has written extensively
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about the case for the charlotte
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observer
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she says the bizarre crime scene posed
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far more questions
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than answers she wasn't raped she wasn't
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robbed
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there were lots of things that just
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didn't make sense about this case
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among them the odd manner of death these
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three ligatures around her neck it was
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the drawstring
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that had been taken out of her hoodie
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and wrapped around tight
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and knotted in several places there was
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a bungee cord that had been tied around
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and lastly a very dainty little blue
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ribbon
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the disturbing discovery in the catawba
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river a body as the media descends
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police begin canvassing the area for
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witnesses
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they talked to those two jet skiers and
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to construction workers who were in the
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area where era's body was found
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we went see if anything could be done
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but it was it was too late there was no
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movement
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and of course they find that fisherman
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calmly
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casting for carp just downstream mark
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carver
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and what did they tell you was happening
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they didn't tell me nothing
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they just said they need to get my name
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and address and my fishing license i
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give them to them
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and then he gave him back i shook his
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hand they went up through there
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carver is cooperative but not very
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helpful he says he neither saw nor
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heard anything so police have nothing
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but bad news to deliver when they notify
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ira's family police officer came to the
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door what did he say
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he slowly walked in and and told us
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that unfortunately they have found my
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sister's body and that they're very
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certain
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that it's her i can't fathom getting
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news like that
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i think all of us simply collapsed where
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we were and
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that was that was it days pass with no
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arrest
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the mystery now as deep as the sorrow
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i hope that when you go home tonight you
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will tell
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everybody that you love them you will
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tell everyone that you know that you
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love them
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pavel eulogizes his sister at a memorial
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service on campus
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in the coming days she is laid to rest
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while detectives speak to those who last
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saw her
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piecing together her final steps this
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video is to represent
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the timeline for miss irena yarmolenko
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detectives record this
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timeline video era spent the morning
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running errands she
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went to the credit union and she went to
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the goodwill a security camera catches
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her donating several bags of clothing
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and then she went to jackson's java
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which was a coffee shop where she worked
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takes approximately 5 minutes and 50
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seconds to drive to
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jackson's jabba from goodwill and from
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there to the catawba river
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is about a 19-minute drive this is the
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last documented moment of era's life
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a grainy video of her car driving
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through the parking lot of a ymca
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about half a mile from the embankment
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where her car was found
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police study it searching for any sign
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of another person with her but the video
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is so
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unclear police can't tell so they
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pursued the theory that era must have
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met her killer
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out on the river if someone approached
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her that she didn't know would she
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had her defenses up unfortunately for
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her i think she was much more of an
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outgoing type of person the kind of
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person who would trust
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people she didn't know i think so yeah
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with the search for the killer dragging
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on for weeks
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and then months public pressure on the
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police to solve the crime
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mounts we were tormented by the search
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we thought of it more or less constantly
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so police bring mark carver back in and
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start to do some
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fishing of their own do you know what
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dna is
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are they about to find a murderer or
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make one
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everybody was just in shock we just
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couldn't believe it was happening
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00:09:54,320 --> 00:09:55,240
stay with us
284
00:10:01,120 --> 00:10:02,110
2020 continues
285
00:10:07,440 --> 00:10:10,170
thank you i'll need you to pound these
286
00:10:10,078 --> 00:10:10,538
gloves
287
00:10:10,639 --> 00:10:13,439
before going through the evidence on the
288
00:10:13,839 --> 00:10:16,169
ground floor of the gaston county
289
00:10:15,600 --> 00:10:16,300
courthouse
290
00:10:16,320 --> 00:10:18,180
we find this cardboard box
291
00:10:19,440 --> 00:10:21,710
inside the evidence from the ira
292
00:10:21,360 --> 00:10:22,880
yarmolenko crime scene
293
00:10:23,200 --> 00:10:25,770
the three ligatures that were wrapped
294
00:10:25,360 --> 00:10:26,460
around her neck
295
00:10:26,720 --> 00:10:29,330
a small floral bag from which one of
296
00:10:29,200 --> 00:10:30,250
those ligatures
297
00:10:30,240 --> 00:10:33,080
a blue ribbon had been torn look at how
298
00:10:32,958 --> 00:10:34,058
tight that knot
299
00:10:33,839 --> 00:10:36,679
is crime scene photos of her car on the
300
00:10:36,159 --> 00:10:37,489
banks of the river
301
00:10:37,679 --> 00:10:40,459
all pieces of a rubik's cube of a case
302
00:10:41,278 --> 00:10:43,858
investigators spend six months working
303
00:10:43,919 --> 00:10:45,259
every possible lead
304
00:10:45,600 --> 00:10:48,130
and interviewing cooperative witnesses
305
00:10:48,078 --> 00:10:49,238
like mark carver
306
00:10:49,679 --> 00:10:52,419
repeatedly did you see that little girl
307
00:10:54,958 --> 00:10:57,688
i told him i didn't know what happened
308
00:10:56,720 --> 00:10:59,500
girl or i went up there and helped her
309
00:10:59,039 --> 00:11:01,779
carver and his cousin neil cassida both
310
00:11:01,360 --> 00:11:02,940
volunteered dna samples
311
00:11:03,360 --> 00:11:05,990
meanwhile era's family works the media
312
00:11:06,159 --> 00:11:08,729
keeping images of the smiling student
313
00:11:09,039 --> 00:11:11,719
the carefree spirit that was era alive
314
00:11:12,639 --> 00:11:15,369
in the public's mind we simply did the
315
00:11:15,440 --> 00:11:17,060
only thing we could do
316
00:11:16,399 --> 00:11:19,089
contact local media and get information
317
00:11:19,679 --> 00:11:22,189
out there so that possible witnesses
318
00:11:22,078 --> 00:11:23,718
would submit information
319
00:11:23,839 --> 00:11:26,509
pavel a brother who won't quit at one
320
00:11:26,320 --> 00:11:28,830
point appeals directly to the killer
321
00:11:28,879 --> 00:11:31,429
i have no doubt that once you truly
322
00:11:30,639 --> 00:11:33,259
realize how deeply you've hurt us all
323
00:11:33,600 --> 00:11:36,280
you'll have no choice but to surrender
324
00:11:36,480 --> 00:11:37,630
it is not until
325
00:11:37,759 --> 00:11:40,149
seven months after the murder that
326
00:11:39,679 --> 00:11:42,079
investigators finally catch a break
327
00:11:42,639 --> 00:11:44,669
they have a dna match traces
328
00:11:45,759 --> 00:11:48,599
of mark carver's dna in one spot on the
329
00:11:49,120 --> 00:11:50,450
outside of the car
330
00:11:50,480 --> 00:11:53,160
above the rear driver's side door neil
331
00:11:53,600 --> 00:11:55,690
cassida's dna is in two spots
332
00:11:55,759 --> 00:11:58,319
on the inside of the right passenger
333
00:11:57,679 --> 00:11:58,429
window and
334
00:11:58,799 --> 00:12:01,519
on an armrest what kind of dna are we
335
00:12:01,600 --> 00:12:02,530
talking about
336
00:12:02,399 --> 00:12:05,249
it's dna where skin cells have been shed
337
00:12:05,839 --> 00:12:07,999
and typically it's called touch
338
00:12:07,519 --> 00:12:09,889
dna it is not blood dna or semen
339
00:12:11,120 --> 00:12:13,920
but police think it's enough even though
340
00:12:13,759 --> 00:12:15,379
the two cousins had no
341
00:12:15,360 --> 00:12:17,990
obvious motive for murder the question
342
00:12:18,399 --> 00:12:20,899
that the dna never answered and the
343
00:12:21,839 --> 00:12:23,119
police never could
344
00:12:23,360 --> 00:12:25,680
was why these men would kill ira
345
00:12:25,839 --> 00:12:26,479
yamalenko
346
00:12:27,200 --> 00:12:29,940
groping for answers police come up with
347
00:12:29,360 --> 00:12:29,990
a theory
348
00:12:30,320 --> 00:12:32,880
that era had somehow seen carver and
349
00:12:33,200 --> 00:12:33,720
cassida
350
00:12:34,078 --> 00:12:36,708
doing something so outrageous they had
351
00:12:36,399 --> 00:12:38,719
to kill her to keep their secret
352
00:12:38,879 --> 00:12:41,729
their theory was that era was down there
353
00:12:41,120 --> 00:12:42,050
to photograph
354
00:12:42,480 --> 00:12:45,220
and caught the men doing something that
355
00:12:44,639 --> 00:12:47,319
they didn't want anybody to know about
356
00:12:47,039 --> 00:12:49,779
and so that the men violently strangled
357
00:12:49,759 --> 00:12:50,039
her
358
00:12:50,240 --> 00:12:52,920
and pushed the car down the embankment
359
00:12:52,399 --> 00:12:55,299
and that's why their dna was found on it
360
00:12:56,000 --> 00:12:58,790
so now mark carver finds himself on the
361
00:12:59,120 --> 00:12:59,750
hot seat
362
00:13:00,078 --> 00:13:03,028
do you know what dna is i found your dna
363
00:13:03,519 --> 00:13:04,439
inside a car
364
00:13:29,519 --> 00:13:32,359
you said you didn't see a car you never
365
00:13:31,600 --> 00:13:34,270
heard a car you never touched the car
366
00:13:33,679 --> 00:13:35,069
low guess who's dna
367
00:13:35,200 --> 00:13:37,930
inside a dead girl's car over and over
368
00:13:38,879 --> 00:13:39,279
again
369
00:13:39,519 --> 00:13:42,139
you keep telling the police we didn't
370
00:13:42,240 --> 00:13:43,220
touch the car
371
00:13:43,278 --> 00:13:45,828
i told them and told them that they
372
00:13:44,559 --> 00:13:47,009
didn't believe nothing we told them
373
00:13:46,720 --> 00:13:48,810
in fact during that hour-long
374
00:13:48,639 --> 00:13:50,459
interrogation carver denies
375
00:13:50,799 --> 00:13:53,649
seeing era or touching her car more than
376
00:13:53,759 --> 00:13:53,809
377
00:13:54,399 --> 00:13:57,029
times when the interview finally wraps
378
00:13:58,559 --> 00:13:58,779
up
379
00:14:00,480 --> 00:14:02,990
police allowed carver and his cousin
380
00:14:02,480 --> 00:14:04,160
neil cassida to go home
381
00:14:04,399 --> 00:14:07,199
but neil's daughter amy says the writing
382
00:14:06,799 --> 00:14:07,949
was on the wall
383
00:14:08,078 --> 00:14:10,688
he walked in and he was like they're
384
00:14:10,240 --> 00:14:12,030
trying to pin this on me
385
00:14:11,600 --> 00:14:14,320
did he tell you what they said to him
386
00:14:14,000 --> 00:14:15,860
well they were saying that
387
00:14:15,839 --> 00:14:18,679
that they knew he did it he just needed
388
00:14:17,519 --> 00:14:18,499
to confess it
389
00:14:18,879 --> 00:14:21,389
two days later before sunrise police
390
00:14:21,839 --> 00:14:23,689
show up to arrest the men
391
00:14:23,759 --> 00:14:26,659
they haul them back in and give them one
392
00:14:25,919 --> 00:14:26,959
last chance to
393
00:14:29,278 --> 00:14:31,838
things to confess real quick this is
394
00:14:31,198 --> 00:14:33,418
neil casada y'all barking around
395
00:14:35,120 --> 00:14:37,950
if i swear my mom was very if i didn't
396
00:14:37,039 --> 00:14:38,589
have a time to do it
397
00:14:38,799 --> 00:14:41,429
no confession no matter police charged
398
00:14:41,440 --> 00:14:43,360
mark carver and neil casada
399
00:14:43,278 --> 00:14:46,068
with her murder the two men are charged
400
00:14:45,120 --> 00:14:47,630
with first-degree murder even though
401
00:14:46,720 --> 00:14:49,050
neil cassida had already passed a
402
00:14:48,480 --> 00:14:49,120
polygraph
403
00:14:49,600 --> 00:14:52,280
the men appear stunned and confused at
404
00:14:52,078 --> 00:14:54,478
their arraignment the following day
405
00:14:54,078 --> 00:14:56,928
like everybody was just in shock we just
406
00:14:56,799 --> 00:14:59,429
couldn't like we just couldn't believe
407
00:14:58,320 --> 00:14:59,480
it was happening
408
00:14:59,039 --> 00:15:01,869
we do not want to go to trial until we
409
00:15:00,879 --> 00:15:02,389
have all the evidence
410
00:15:02,320 --> 00:15:04,710
the man leading the charge against
411
00:15:04,000 --> 00:15:06,450
carver and cassida is gaston county
412
00:15:06,240 --> 00:15:08,110
district attorney lock bell
413
00:15:08,240 --> 00:15:11,020
but it is a slow charge even after the
414
00:15:11,120 --> 00:15:12,100
men make bail
415
00:15:12,078 --> 00:15:14,708
neil casta's family greeted him inside
416
00:15:14,639 --> 00:15:16,739
the gaston county jail tonight
417
00:15:16,399 --> 00:15:18,909
no comment please police continue to
418
00:15:19,198 --> 00:15:19,538
test
419
00:15:19,679 --> 00:15:22,019
and eliminate eight other suspects
420
00:15:22,799 --> 00:15:25,489
two years pass before prosecutors bring
421
00:15:25,278 --> 00:15:26,548
the case to trial
422
00:15:27,198 --> 00:15:30,048
then on the eve of the opening arguments
423
00:15:29,679 --> 00:15:31,249
in neil cassidy's case
424
00:15:31,440 --> 00:15:33,950
a shocking development it was sunday
425
00:15:34,000 --> 00:15:34,520
morning
426
00:15:35,120 --> 00:15:37,790
the trial started on monday he was in
427
00:15:36,958 --> 00:15:38,058
the kitchen and
428
00:15:38,559 --> 00:15:41,049
he told my mom i'm having a little
429
00:15:40,078 --> 00:15:42,818
trouble breathing and he just fell over
430
00:15:43,198 --> 00:15:46,048
neil cassida never gets his day in court
431
00:15:46,000 --> 00:15:48,850
new quesada died in his mount holly holm
432
00:15:48,078 --> 00:15:49,068
sunday morning
433
00:15:49,120 --> 00:15:51,960
those two years it was very hard on him
434
00:15:51,519 --> 00:15:52,789
he was so worried
435
00:15:52,720 --> 00:15:54,980
that he was going to prison for
436
00:15:53,759 --> 00:15:56,549
something he didn't do even with one of
437
00:15:56,159 --> 00:15:57,499
the defendants dead
438
00:15:57,519 --> 00:15:59,849
the state pushes forward with the
439
00:15:59,120 --> 00:16:00,810
prosecution of the other
440
00:16:00,720 --> 00:16:03,510
mark carver who at the time hires local
441
00:16:03,600 --> 00:16:05,120
defense attorney brent
442
00:16:05,039 --> 00:16:07,609
ratchford before the trial carver has
443
00:16:07,679 --> 00:16:09,829
offered the deal of a lifetime
444
00:16:09,679 --> 00:16:12,479
plead guilty to second-degree murder and
445
00:16:12,078 --> 00:16:12,828
spend just
446
00:16:12,799 --> 00:16:15,539
four to eight years in prison ratchford
447
00:16:15,278 --> 00:16:18,018
thought the deal was a strong statement
448
00:16:17,360 --> 00:16:18,930
about the state's weak
449
00:16:18,799 --> 00:16:21,589
case i've never gotten such a low offer
450
00:16:22,078 --> 00:16:24,928
he turned it down without batting an eye
451
00:16:24,958 --> 00:16:27,338
i'm not going to plead guilty for
452
00:16:26,399 --> 00:16:27,909
something i didn't do
453
00:16:27,360 --> 00:16:30,210
you'd rather spend the rest of your life
454
00:16:28,879 --> 00:16:29,569
in prison
455
00:16:30,480 --> 00:16:33,220
mark carver walked calmly into court in
456
00:16:33,120 --> 00:16:33,520
march
457
00:16:33,519 --> 00:16:36,039
2011 carver's legal reckoning finally
458
00:16:36,720 --> 00:16:39,230
arrives he's upbeat and feeling good
459
00:16:40,078 --> 00:16:42,928
he's innocent so we're ready for our day
460
00:16:42,799 --> 00:16:43,429
at trial
461
00:16:43,519 --> 00:16:46,089
prosecutors build their case on three
462
00:16:45,919 --> 00:16:47,489
key pieces of evidence
463
00:16:47,759 --> 00:16:50,209
the first carver's proximity to the
464
00:16:50,240 --> 00:16:51,050
crime scene
465
00:16:51,120 --> 00:16:53,730
if he were less than a hundred yards
466
00:16:52,958 --> 00:16:54,758
from where era was killed
467
00:16:54,720 --> 00:16:57,170
prosecutors argue his claim that he
468
00:16:56,720 --> 00:16:58,290
heard nothing that day
469
00:16:58,159 --> 00:17:00,789
can't be true detectives testify about
470
00:17:01,198 --> 00:17:03,648
an experiment they conducted on the
471
00:17:02,958 --> 00:17:03,358
river
472
00:17:03,679 --> 00:17:06,189
one detective stood where carver was
473
00:17:05,759 --> 00:17:07,799
fishing another where era was
474
00:17:08,798 --> 00:17:11,308
according to testimony they spoke in
475
00:17:11,038 --> 00:17:11,968
normal voices
476
00:17:12,240 --> 00:17:15,020
and could hear each other we had a lot
477
00:17:14,480 --> 00:17:15,810
of issue with that
478
00:17:15,919 --> 00:17:18,529
it was allowed to come in anyway the
479
00:17:17,759 --> 00:17:20,029
second piece of evidence is that
480
00:17:19,439 --> 00:17:21,819
touch dna found on era's car that
481
00:17:22,480 --> 00:17:23,820
matched mark carver
482
00:17:24,160 --> 00:17:26,960
prosecutors say it proves he touched the
483
00:17:26,959 --> 00:17:27,239
car
484
00:17:27,679 --> 00:17:30,179
and therefore must have been at the
485
00:17:29,440 --> 00:17:32,290
crime scene and to drive that point home
486
00:17:32,400 --> 00:17:34,940
the state has an ace in the hole a
487
00:17:34,960 --> 00:17:37,420
moment from that interrogation where
488
00:17:37,038 --> 00:17:37,498
carver
489
00:17:37,599 --> 00:17:39,989
police testify gave himself away i
490
00:17:40,558 --> 00:17:43,288
believe the words he used was a little
491
00:17:42,319 --> 00:17:44,949
a little thing detective william terry
492
00:17:45,119 --> 00:17:47,439
was also in the room during that
493
00:17:46,798 --> 00:17:47,678
interrogation
494
00:17:48,240 --> 00:17:49,450
he said that she
495
00:17:51,679 --> 00:17:54,229
came up to him about right here the
496
00:17:54,160 --> 00:17:56,490
gotcha moment was when the police
497
00:17:55,919 --> 00:17:56,559
detective
498
00:17:56,720 --> 00:17:59,180
was recounting the interrogation and
499
00:17:59,200 --> 00:18:00,710
said that mark carver
500
00:18:00,480 --> 00:18:03,040
knew that era was little that moment
501
00:18:03,599 --> 00:18:06,449
is crucial carver had always said he had
502
00:18:06,720 --> 00:18:07,120
never
503
00:18:07,119 --> 00:18:09,859
seen era so prosecutors asked how could
504
00:18:10,079 --> 00:18:11,869
he know how tall she was
505
00:18:11,919 --> 00:18:14,769
unless he was lying the very first thing
506
00:18:14,960 --> 00:18:16,170
i thought of was
507
00:18:16,558 --> 00:18:18,948
they got you judge timothy kinkade
508
00:18:19,119 --> 00:18:21,519
presided over carver's murder trial
509
00:18:21,359 --> 00:18:24,199
that's what did it for you that was the
510
00:18:22,880 --> 00:18:25,320
turning point of that trial for me
511
00:18:24,880 --> 00:18:27,680
and with that the prosecution rested its
512
00:18:27,279 --> 00:18:27,619
case
513
00:18:28,000 --> 00:18:30,900
everyone was then sort of on the edge of
514
00:18:30,079 --> 00:18:32,589
their chairs waiting for the defense
515
00:18:32,240 --> 00:18:34,960
to present a case but to the shock of
516
00:18:34,720 --> 00:18:35,770
carver's family
517
00:18:35,919 --> 00:18:38,719
ratchford decides the state's case is so
518
00:18:38,480 --> 00:18:38,820
weak
519
00:18:39,038 --> 00:18:41,838
he will present no witnesses or evidence
520
00:18:41,679 --> 00:18:42,779
for the defense
521
00:18:42,798 --> 00:18:45,358
that could not explain how the crime
522
00:18:44,798 --> 00:18:45,378
occurred
523
00:18:46,480 --> 00:18:49,260
based on that the jury is not going to
524
00:18:47,919 --> 00:18:50,549
be convinced beyond a reasonable doubt
525
00:18:49,359 --> 00:18:52,259
they told us no way that they were going
526
00:18:50,558 --> 00:18:51,658
to be convicted
527
00:18:51,519 --> 00:18:54,249
they're wrong it takes the jury just a
528
00:18:53,919 --> 00:18:56,359
few hours to return with a verdict
529
00:18:56,319 --> 00:18:58,879
guilty of first degree murder when i
530
00:18:59,038 --> 00:19:01,018
heard that verdict come down
531
00:19:01,038 --> 00:19:03,878
i couldn't breathe i was like oh my god
532
00:19:04,558 --> 00:19:06,768
they got it wrong judge kincaid
533
00:19:06,400 --> 00:19:08,790
sentences carver to life in prison
534
00:19:08,798 --> 00:19:11,238
but while his cell door slams shut
535
00:19:12,000 --> 00:19:14,640
another investigation is just beginning
536
00:19:14,960 --> 00:19:15,590
so let's
537
00:19:15,599 --> 00:19:17,799
send you over to where era was
538
00:19:19,279 --> 00:19:21,779
how much of the state's case really
539
00:19:21,599 --> 00:19:22,409
holds water
540
00:19:22,798 --> 00:19:24,938
tell her to yell stay with us
541
00:19:34,079 --> 00:19:36,699
chris mumma gets people out of prison
542
00:19:38,480 --> 00:19:40,880
her organization the north carolina
543
00:19:40,480 --> 00:19:42,290
center on actual innocence
544
00:19:42,160 --> 00:19:44,480
has had a hand in overturning 19
545
00:19:44,400 --> 00:19:45,160
convictions
546
00:19:45,279 --> 00:19:47,779
the point at which i really thought
547
00:19:46,558 --> 00:19:49,238
maybe there was something to this case
548
00:19:48,079 --> 00:19:50,349
was finding out that chris mumma
549
00:19:49,759 --> 00:19:52,369
was involved and i thank you so much
550
00:19:53,038 --> 00:19:55,708
muma takes on only two percent of the
551
00:19:55,440 --> 00:19:57,130
clients who approach her
552
00:19:56,960 --> 00:19:59,810
in 2013 she agreed to make mark carver's
553
00:20:00,720 --> 00:20:01,120
fight
554
00:20:01,279 --> 00:20:03,369
her own you rarely take these
555
00:20:04,480 --> 00:20:07,100
you picked mark's case why the bottom
556
00:20:07,679 --> 00:20:08,249
line is
557
00:20:08,798 --> 00:20:11,468
is there a valid question mark and is
558
00:20:11,679 --> 00:20:12,079
there
559
00:20:12,159 --> 00:20:14,999
a way to get the answer mark's case met
560
00:20:14,880 --> 00:20:16,560
all the criteria for us
561
00:20:16,480 --> 00:20:19,270
and if anyone ever needed a sharp legal
562
00:20:19,200 --> 00:20:21,810
mind in his corner it is mark carver
563
00:20:21,839 --> 00:20:24,469
mumma argues he was easily manipulated
564
00:20:24,400 --> 00:20:26,670
by police because of his limited
565
00:20:26,240 --> 00:20:29,140
education is it hard for you to read and
566
00:20:28,159 --> 00:20:28,559
write
567
00:20:28,558 --> 00:20:31,508
yeah i can read a little bit but i can't
568
00:20:31,038 --> 00:20:31,438
write
569
00:20:31,919 --> 00:20:34,649
i'm literate you really have to go all
570
00:20:33,599 --> 00:20:36,259
the way up the hill one of the first
571
00:20:35,440 --> 00:20:38,120
problems mumma noticed in the case was
572
00:20:37,200 --> 00:20:39,590
that the killers were she believes
573
00:20:39,359 --> 00:20:41,999
physically incapable of killing there's
574
00:20:41,919 --> 00:20:44,359
all kinds of things that don't fit
575
00:20:43,279 --> 00:20:43,859
together
576
00:20:44,000 --> 00:20:46,850
it doesn't fit together that two men who
577
00:20:45,919 --> 00:20:48,719
are so limited in their physical ability
578
00:20:47,839 --> 00:20:49,049
could do this to
579
00:20:48,720 --> 00:20:50,640
a young vibrant strong girl
580
00:20:52,000 --> 00:20:54,740
neal had a terrible heart condition his
581
00:20:55,119 --> 00:20:57,099
family said he couldn't walk
582
00:20:56,480 --> 00:20:58,990
20 feet without becoming winded mark
583
00:20:59,119 --> 00:20:59,869
carver has
584
00:21:00,000 --> 00:21:02,670
carpal tunnel in his hands he says he
585
00:21:02,960 --> 00:21:05,810
can't even hold a plate for long without
586
00:21:04,798 --> 00:21:05,608
dropping it
587
00:21:05,679 --> 00:21:08,529
those years working in a cotton mill had
588
00:21:07,679 --> 00:21:09,079
left carver disabled
589
00:21:09,200 --> 00:21:12,040
he showed us the scars on his arms from
590
00:21:11,839 --> 00:21:13,069
multiple surgeries
591
00:21:13,119 --> 00:21:15,959
so how does that affect what you can do
592
00:21:14,960 --> 00:21:17,750
and what you can't i can't grab nothing
593
00:21:16,798 --> 00:21:18,528
hold it for a long time
594
00:21:18,480 --> 00:21:21,150
can you button your your cuff back up
595
00:21:21,679 --> 00:21:23,589
yeah just take me a minute
596
00:21:27,119 --> 00:21:29,899
i'll get it a minute just have to give
597
00:21:28,880 --> 00:21:29,800
me time okay
598
00:21:30,720 --> 00:21:33,290
could these hands throttle someone to
599
00:21:33,119 --> 00:21:33,519
death
600
00:21:34,079 --> 00:21:36,749
and even if carver had killed era for
601
00:21:36,558 --> 00:21:37,078
reasons
602
00:21:37,200 --> 00:21:39,870
unknown why on earth would he stay at
603
00:21:39,759 --> 00:21:40,449
the scene
604
00:21:40,400 --> 00:21:42,960
it doesn't make sense who's going to
605
00:21:41,759 --> 00:21:44,489
kill someone and then go right back to
606
00:21:43,599 --> 00:21:44,119
fishing
607
00:21:44,798 --> 00:21:47,588
mumma also points to this man who asked
608
00:21:47,119 --> 00:21:49,209
us not to reveal his identity
609
00:21:49,038 --> 00:21:51,938
he was on the catawba river that day and
610
00:21:51,200 --> 00:21:53,470
even spoke to mark carver around
611
00:21:53,038 --> 00:21:55,308
2pm in that crucial period after
612
00:21:56,159 --> 00:21:58,489
eero was killed and before police
613
00:21:58,558 --> 00:22:00,078
questioned mark carver
614
00:22:00,319 --> 00:22:03,119
we talked about fishing and talked about
615
00:22:02,798 --> 00:22:03,548
his family
616
00:22:03,759 --> 00:22:06,549
we had a good conversation for about 30
617
00:22:06,319 --> 00:22:07,069
35 minutes
618
00:22:07,599 --> 00:22:10,219
but most importantly this man says he
619
00:22:09,599 --> 00:22:12,349
didn't notice anything about carver that
620
00:22:11,679 --> 00:22:14,239
suggested he had just been through a
621
00:22:13,679 --> 00:22:16,079
homicidal struggle mr carver wasn't
622
00:22:16,240 --> 00:22:17,630
muddy he wasn't wet
623
00:22:17,440 --> 00:22:20,220
he had no scratches on him he was just
624
00:22:20,000 --> 00:22:22,560
as normal as anybody could be normal
625
00:22:21,839 --> 00:22:24,389
just sitting on the back of his suv
626
00:22:23,839 --> 00:22:25,999
fishing mumma thinks this man's
627
00:22:25,759 --> 00:22:28,389
testimony could have been important at
628
00:22:27,519 --> 00:22:28,509
carver's trial
629
00:22:28,640 --> 00:22:31,080
but he was never called to testify
630
00:22:31,279 --> 00:22:33,549
instead the jury heard from that
631
00:22:33,200 --> 00:22:33,840
detective
632
00:22:34,000 --> 00:22:36,340
who described the sound experiment
633
00:22:35,839 --> 00:22:37,879
police conducted on the river
634
00:22:37,599 --> 00:22:40,229
trying to disprove carver's claim that
635
00:22:40,000 --> 00:22:41,160
he heard nothing
636
00:22:41,200 --> 00:22:43,420
we recreated that experiment for
637
00:22:43,599 --> 00:22:44,239
ourselves
638
00:22:44,880 --> 00:22:47,780
so let's send you okay over to where era
639
00:22:48,720 --> 00:22:49,000
was
640
00:22:49,119 --> 00:22:51,909
okay i'm gonna stay here where mark was
641
00:22:51,200 --> 00:22:53,640
okay and we're gonna have you talk
642
00:22:53,038 --> 00:22:55,838
remember on the stand the detective said
643
00:22:55,519 --> 00:22:56,549
he spoke in a
644
00:22:56,400 --> 00:22:59,020
normal voice and could still be heard
645
00:22:58,558 --> 00:23:00,068
from the fishing hole
646
00:23:00,159 --> 00:23:02,469
can you hear me can you hear me
647
00:23:03,759 --> 00:23:06,429
i don't hear anything can you hear me
648
00:23:05,839 --> 00:23:07,219
did they do it yet
649
00:23:06,960 --> 00:23:09,630
elizabeth can you hear me tell her to
650
00:23:09,119 --> 00:23:10,619
yell can you hear me
651
00:23:13,119 --> 00:23:15,369
now i hear her can you hear me
652
00:23:16,480 --> 00:23:19,030
i can hear you you cannot hear each
653
00:23:19,679 --> 00:23:22,179
other talking at a normal voice you
654
00:23:21,200 --> 00:23:21,600
can't
655
00:23:21,839 --> 00:23:24,519
hear each other talking when you raise
656
00:23:23,519 --> 00:23:26,029
your voice several levels and that's
657
00:23:25,200 --> 00:23:26,640
what i did with you
658
00:23:26,159 --> 00:23:28,939
you shouted as loud as you could i did
659
00:23:27,919 --> 00:23:29,649
shot as loud as i could
660
00:23:29,200 --> 00:23:31,580
of course the jurors never saw an
661
00:23:31,279 --> 00:23:32,679
experiment like this
662
00:23:32,960 --> 00:23:35,120
they just heard the detective's
663
00:23:34,480 --> 00:23:35,760
testimony about it
664
00:23:36,000 --> 00:23:38,440
and this isn't the only time mumma
665
00:23:38,000 --> 00:23:40,520
thinks that the detective's testimony
666
00:23:40,079 --> 00:23:42,749
may have misled the jury he said that
667
00:23:42,000 --> 00:23:44,840
she was i believe the words he used was
668
00:23:44,079 --> 00:23:44,709
a little
669
00:23:44,640 --> 00:23:47,270
a little thing remember that bombshell
670
00:23:47,200 --> 00:23:47,660
moment
671
00:23:47,759 --> 00:23:50,439
when he described how carver seemed to
672
00:23:49,759 --> 00:23:50,979
know era's height
673
00:23:51,038 --> 00:23:53,598
even though he claimed never to have
674
00:23:52,960 --> 00:23:54,810
seen her he said that she
675
00:23:56,240 --> 00:23:58,910
came up to him about right here mumma
676
00:23:59,440 --> 00:24:01,990
says you need to look at the actual
677
00:24:01,359 --> 00:24:03,979
video which was never played in court
678
00:24:03,839 --> 00:24:05,999
and understand that police were
679
00:24:05,839 --> 00:24:07,989
interrogating a man with an iq
680
00:24:08,000 --> 00:24:10,710
of 61 and had no idea what he was up
681
00:24:11,519 --> 00:24:12,039
against
682
00:24:12,159 --> 00:24:14,949
if you look at the full interrogation a
683
00:24:15,038 --> 00:24:16,788
detective was asking mark
684
00:24:16,960 --> 00:24:19,850
to tell him about era in fact it is the
685
00:24:19,919 --> 00:24:20,559
detective
686
00:24:20,720 --> 00:24:23,410
interrogating mark who calls ira little
687
00:24:23,278 --> 00:24:23,908
and then
688
00:24:23,839 --> 00:24:26,289
encourages him to describe her even
689
00:24:25,679 --> 00:24:27,369
though he's already said
690
00:24:26,960 --> 00:24:29,340
over and over he's never seen her
691
00:24:38,319 --> 00:24:41,109
it is the detective who is telling mark
692
00:24:41,038 --> 00:24:43,598
the detective stands up and says she
693
00:24:42,960 --> 00:24:45,750
would have come about here on you right
694
00:24:45,278 --> 00:24:48,058
and mark says yeah i guess and he said
695
00:24:47,278 --> 00:24:49,128
well stand up and show me
696
00:24:48,640 --> 00:24:51,490
y'all standing up look at each other but
697
00:24:51,919 --> 00:24:54,819
she do look at you and knives yeah about
698
00:24:54,960 --> 00:24:57,280
how i thought she was on youtube
699
00:24:56,400 --> 00:24:58,790
and mark basically mimics what the
700
00:24:59,200 --> 00:25:00,130
detective did
701
00:25:00,880 --> 00:25:03,100
probably about about right there
702
00:25:07,839 --> 00:25:10,629
was he being manipulated i think it was
703
00:25:10,079 --> 00:25:10,899
manipulative
704
00:25:10,960 --> 00:25:13,230
to present that at trial without
705
00:25:12,880 --> 00:25:13,760
clarification
706
00:25:14,400 --> 00:25:17,300
and i think it was error for the defense
707
00:25:17,119 --> 00:25:17,629
to not
708
00:25:17,679 --> 00:25:20,419
challenge that again jurors in the case
709
00:25:20,480 --> 00:25:20,880
never
710
00:25:20,960 --> 00:25:23,400
saw this video they just heard the
711
00:25:22,960 --> 00:25:24,420
detective describe it
712
00:25:24,720 --> 00:25:27,410
judge timothy kinkade who presided over
713
00:25:27,119 --> 00:25:29,569
the case also found the detective's
714
00:25:29,359 --> 00:25:31,119
trial testimony persuasive
715
00:25:31,359 --> 00:25:33,859
but he'd never seen the tape either
716
00:25:34,798 --> 00:25:37,018
this is the actual interrogation
717
00:25:42,079 --> 00:25:44,699
what do you think after watching that
718
00:25:44,159 --> 00:25:46,209
videotape of the interrogation
719
00:25:47,440 --> 00:25:49,760
i think it was quite leading the
720
00:25:49,278 --> 00:25:51,908
detective was using the language first
721
00:25:51,599 --> 00:25:52,639
in other words
722
00:25:52,240 --> 00:25:55,140
he was do you think that mark carver was
723
00:25:54,079 --> 00:25:56,519
being led by the detectives and is
724
00:25:56,000 --> 00:25:56,930
simple enough
725
00:25:57,200 --> 00:25:59,820
that he would just echo whatever this
726
00:25:59,200 --> 00:26:00,240
man was saying
727
00:26:00,640 --> 00:26:03,480
i can't answer that i think it does put
728
00:26:02,720 --> 00:26:03,580
a new light
729
00:26:03,919 --> 00:26:06,819
on the whole thing what kind of light it
730
00:26:06,480 --> 00:26:07,400
does make me
731
00:26:07,359 --> 00:26:09,809
question whether or not mark carver
732
00:26:12,079 --> 00:26:14,929
did it certainly i think that could have
733
00:26:14,558 --> 00:26:16,198
created reasonable doubt
734
00:26:16,480 --> 00:26:18,920
but what about that final and most
735
00:26:18,558 --> 00:26:20,308
damning piece of evidence
736
00:26:20,240 --> 00:26:22,680
the touch dna that seemed to place
737
00:26:22,720 --> 00:26:23,180
carver
738
00:26:23,278 --> 00:26:25,888
at the crime scene will you hear the
739
00:26:25,038 --> 00:26:26,138
words dna match
740
00:26:26,720 --> 00:26:29,270
that sounds like as close to a sure
741
00:26:29,119 --> 00:26:30,619
thing as you can get
742
00:26:30,319 --> 00:26:32,819
mumma says not so fast whatever you
743
00:26:32,720 --> 00:26:35,350
think you know about the infallibility
744
00:26:34,880 --> 00:26:35,390
of dna
745
00:26:35,919 --> 00:26:38,669
think again is there another explanation
746
00:26:38,079 --> 00:26:39,989
for how that dna got there
747
00:26:40,000 --> 00:26:40,920
stay with us
748
00:26:47,599 --> 00:26:49,639
now 2020 continues once again
749
00:26:51,200 --> 00:26:52,310
elizabeth vargas
750
00:26:54,240 --> 00:26:56,630
emergency found a body floating in
751
00:26:56,400 --> 00:26:57,330
catawba river
752
00:26:58,480 --> 00:27:01,280
in the hours after ira yarmolenko's body
753
00:27:00,798 --> 00:27:01,488
was found
754
00:27:01,519 --> 00:27:04,149
local news crews recorded this footage
755
00:27:03,679 --> 00:27:05,779
of police processing the scene
756
00:27:06,079 --> 00:27:08,749
it looks like they're all over it but
757
00:27:08,640 --> 00:27:10,390
attorney chris mumma says
758
00:27:10,079 --> 00:27:12,759
looks can be deceiving it was actually
759
00:27:12,480 --> 00:27:15,220
two months later before the vehicle was
760
00:27:14,159 --> 00:27:14,679
swabbed
761
00:27:14,798 --> 00:27:17,238
why did the police wait two months
762
00:27:16,400 --> 00:27:18,670
before swabbing that car for dna
763
00:27:18,480 --> 00:27:21,100
it seems from the records that people
764
00:27:21,599 --> 00:27:24,269
just lost track of who was doing what
765
00:27:24,558 --> 00:27:27,408
lost track in a high profile murder case
766
00:27:27,359 --> 00:27:29,909
i can't think of any reason why you
767
00:27:28,880 --> 00:27:30,510
wouldn't swab a vehicle
768
00:27:30,480 --> 00:27:33,050
immediately getting dna from a bodily
769
00:27:33,119 --> 00:27:35,329
fluid like blood is nothing new
770
00:27:35,519 --> 00:27:38,069
but in 2008 the ability to lift dna
771
00:27:38,720 --> 00:27:41,220
from an object that had been merely
772
00:27:40,558 --> 00:27:42,838
touched was cutting edge forensic
773
00:27:42,880 --> 00:27:43,400
science
774
00:27:44,000 --> 00:27:46,270
it was that technology that gave
775
00:27:45,839 --> 00:27:48,409
detectives here the break they needed
776
00:27:48,398 --> 00:27:51,138
those traces of mark carver's touch dna
777
00:27:51,679 --> 00:27:52,599
on era's car
778
00:27:52,880 --> 00:27:55,440
mark's dna was not found on anything
779
00:27:55,919 --> 00:27:56,259
else
780
00:27:56,480 --> 00:27:59,210
it was not found on the steering wheel
781
00:27:58,480 --> 00:28:00,690
the key the ligatures around ms
782
00:28:00,640 --> 00:28:01,810
yarmolenko's neck
783
00:28:02,000 --> 00:28:04,440
her clothing the gear shift a seat
784
00:28:05,519 --> 00:28:08,179
a front door was not found on any of
785
00:28:07,839 --> 00:28:09,699
those and they were tested
786
00:28:10,000 --> 00:28:12,630
what about under era's fingernails was
787
00:28:12,159 --> 00:28:13,549
there any dna there
788
00:28:13,440 --> 00:28:16,120
there were two profiles there was hers
789
00:28:15,200 --> 00:28:18,050
which you would expect to find there and
790
00:28:16,640 --> 00:28:19,380
but there also was another profile that
791
00:28:18,398 --> 00:28:19,508
was unidentified
792
00:28:19,839 --> 00:28:22,569
to this date police have not been able
793
00:28:21,679 --> 00:28:24,239
to identify to whom that mystery dna
794
00:28:24,319 --> 00:28:24,839
belongs
795
00:28:25,440 --> 00:28:27,760
or explain why so little of mark
796
00:28:27,919 --> 00:28:30,019
carver's or neil cassida's dna
797
00:28:30,319 --> 00:28:32,939
was found at the crime scene wouldn't
798
00:28:32,480 --> 00:28:33,750
his dna have been
799
00:28:33,679 --> 00:28:36,469
all over era we're talking about a life
800
00:28:36,880 --> 00:28:39,500
and death struggle here a death match
801
00:28:39,759 --> 00:28:42,709
i would expect to see more of his dna on
802
00:28:44,159 --> 00:28:44,789
her body
803
00:28:44,960 --> 00:28:47,110
or on her clothing dr lawrence
804
00:28:47,359 --> 00:28:49,799
kobalinski is a dna expert who has
805
00:28:49,359 --> 00:28:51,399
testified in nearly 50 trials
806
00:28:52,000 --> 00:28:54,780
he says most of all he would expect to
807
00:28:54,319 --> 00:28:55,539
see carvers touch
808
00:28:55,519 --> 00:28:58,319
dna on those ligatures around ira's neck
809
00:28:59,278 --> 00:29:01,908
you would expect sufficient numbers of
810
00:29:02,079 --> 00:29:02,479
cells
811
00:29:02,880 --> 00:29:05,030
to be left behind the simplest
812
00:29:05,278 --> 00:29:06,038
explanation
813
00:29:06,558 --> 00:29:09,408
is that he did not touch those ligatures
814
00:29:09,759 --> 00:29:12,499
and if it's possible that carver didn't
815
00:29:12,079 --> 00:29:13,419
touch the ligatures
816
00:29:13,519 --> 00:29:16,199
is it also possible he didn't actually
817
00:29:15,759 --> 00:29:16,739
touch the car
818
00:29:16,960 --> 00:29:19,810
most people think of dna only being able
819
00:29:19,440 --> 00:29:20,700
to be in a place
820
00:29:20,480 --> 00:29:23,160
if they specifically touch it and they
821
00:29:22,319 --> 00:29:23,949
don't consider the fact
822
00:29:24,000 --> 00:29:26,680
that someone else may have had contact
823
00:29:25,919 --> 00:29:28,239
with them and then touch the car
824
00:29:28,079 --> 00:29:30,569
there are two ways that dna can be
825
00:29:31,359 --> 00:29:32,229
deposited on
826
00:29:32,640 --> 00:29:35,480
an item of evidence one way is a direct
827
00:29:36,319 --> 00:29:38,999
transfer investment i touch that did i
828
00:29:39,038 --> 00:29:40,548
touch something and i
829
00:29:40,240 --> 00:29:42,390
leave behind dna from my hands
830
00:29:43,599 --> 00:29:46,169
the second possibility is an indirect
831
00:29:47,200 --> 00:29:49,240
or secondary transfer where i
832
00:29:50,398 --> 00:29:52,828
shake your hand and now i touch a
833
00:29:53,519 --> 00:29:54,039
vehicle
834
00:29:54,319 --> 00:29:56,699
and i transfer your dna onto that
835
00:29:56,798 --> 00:29:57,318
vehicle
836
00:29:57,359 --> 00:29:59,859
so how could carver's dna have been
837
00:29:59,919 --> 00:30:00,679
transferred
838
00:30:01,038 --> 00:30:03,828
remember he spoke to police that day on
839
00:30:03,679 --> 00:30:05,299
the banks of the river
840
00:30:05,119 --> 00:30:07,559
the officer who came over and took
841
00:30:08,398 --> 00:30:11,088
mark's driver's license so he's holding
842
00:30:10,798 --> 00:30:13,748
an item that has mark's dna on it and he
843
00:30:12,960 --> 00:30:13,360
shook
844
00:30:13,278 --> 00:30:16,068
mark's hand and look again at the crime
845
00:30:15,759 --> 00:30:17,329
scene photos and video
846
00:30:17,679 --> 00:30:20,059
mumma says it's clear some of the
847
00:30:19,679 --> 00:30:21,899
officers were not wearing gloves
848
00:30:22,240 --> 00:30:24,860
even while they were touching the car
849
00:30:24,798 --> 00:30:27,478
they're touching the inside of the car
850
00:30:26,159 --> 00:30:28,899
they're touching the outside of the car
851
00:30:28,000 --> 00:30:30,630
they're touching the doors the handles
852
00:30:30,159 --> 00:30:30,729
so it's
853
00:30:31,519 --> 00:30:33,919
it's contaminated this officer even
854
00:30:34,319 --> 00:30:36,579
appears to lean on the car door
855
00:30:36,640 --> 00:30:39,210
and something else is startling while
856
00:30:38,720 --> 00:30:41,340
reviewing the video shot at the crime
857
00:30:40,640 --> 00:30:42,730
scene that day we came across
858
00:30:42,319 --> 00:30:44,759
this footage it appears to show an
859
00:30:44,640 --> 00:30:45,160
officer
860
00:30:45,359 --> 00:30:47,449
rubbing the exact area of ira
861
00:30:47,599 --> 00:30:48,709
yarmolenko's car
862
00:30:49,038 --> 00:30:51,488
where mark carver's touched dna was
863
00:30:51,359 --> 00:30:51,759
found
864
00:30:52,480 --> 00:30:55,030
and as you can see he's not wearing
865
00:30:55,200 --> 00:30:55,660
gloves
866
00:30:56,079 --> 00:30:58,459
were any of the officers who were
867
00:30:58,000 --> 00:31:00,730
touching that car did any of them have
868
00:30:59,839 --> 00:31:00,999
their dna tested
869
00:31:01,119 --> 00:31:03,969
there's no record of any dna being taken
870
00:31:03,278 --> 00:31:05,948
from any officer who was at the scene
871
00:31:05,440 --> 00:31:08,130
at carver's trial secondary transfer of
872
00:31:08,480 --> 00:31:11,100
his touch dna was dismissed as highly
873
00:31:11,038 --> 00:31:11,618
unlikely
874
00:31:12,079 --> 00:31:14,519
but it has happened before in 2012
875
00:31:15,839 --> 00:31:18,119
a millionaire from california was
876
00:31:17,759 --> 00:31:19,209
murdered in his home
877
00:31:19,440 --> 00:31:21,770
forensic experts found dna on his
878
00:31:21,759 --> 00:31:22,519
fingernails
879
00:31:22,640 --> 00:31:25,420
that they were able to link to 26 year
880
00:31:24,960 --> 00:31:26,240
old lucas anderson
881
00:31:26,640 --> 00:31:29,380
there was only one problem anderson had
882
00:31:29,359 --> 00:31:30,579
an airtight alibi
883
00:31:31,119 --> 00:31:34,009
at the time of the murder he was in the
884
00:31:33,440 --> 00:31:35,720
hospital being treated for severe
885
00:31:35,640 --> 00:31:36,460
intoxication
886
00:31:37,038 --> 00:31:39,598
it turns out the same two paramedics
887
00:31:38,960 --> 00:31:41,700
that scooped up anderson who was living
888
00:31:40,640 --> 00:31:41,680
on the streets
889
00:31:41,519 --> 00:31:44,189
were at the murder scene a short time
890
00:31:43,359 --> 00:31:44,109
later once
891
00:31:44,640 --> 00:31:47,280
prosecutors realized anderson's dna had
892
00:31:47,278 --> 00:31:49,958
been transferred to the crime scene by
893
00:31:48,960 --> 00:31:49,660
paramedics
894
00:31:49,919 --> 00:31:52,479
he was finally cleared if you're not
895
00:31:52,558 --> 00:31:53,078
careful
896
00:31:53,519 --> 00:31:56,259
you're going to end up putting somebody
897
00:31:56,240 --> 00:31:58,850
at a crime scene who was never there
898
00:31:58,640 --> 00:32:01,330
so why didn't carver's original defense
899
00:32:00,960 --> 00:32:02,820
attorney call a dna expert
900
00:32:03,200 --> 00:32:05,940
to explain how that might have happened
901
00:32:05,440 --> 00:32:08,130
here sometimes you're open in pandora's
902
00:32:07,440 --> 00:32:10,340
box do you think you're putting in a lot
903
00:32:08,720 --> 00:32:09,880
of good evidence
904
00:32:09,839 --> 00:32:12,569
but the kids are around about you then
905
00:32:11,440 --> 00:32:14,280
the dna expert is not going to help you
906
00:32:13,440 --> 00:32:16,080
ratchford's decisions continue to haunt
907
00:32:16,079 --> 00:32:17,009
mark's family
908
00:32:17,440 --> 00:32:20,230
robin have you spoken to mark in prison
909
00:32:20,000 --> 00:32:22,370
we speak to him twice a week and
910
00:32:22,000 --> 00:32:24,780
go and visit when we can he just wants
911
00:32:24,159 --> 00:32:25,079
to come home
912
00:32:26,798 --> 00:32:29,478
just imagine living every day in there
913
00:32:29,839 --> 00:32:31,579
knowing you didn't do it
914
00:32:31,919 --> 00:32:34,359
but if mark carver didn't kill ira
915
00:32:34,398 --> 00:32:35,098
yarmolenko
916
00:32:35,359 --> 00:32:38,209
who did did she travel from charlotte by
917
00:32:38,240 --> 00:32:38,760
herself
918
00:32:38,880 --> 00:32:41,490
or someone else in the car an inmate
919
00:32:41,519 --> 00:32:44,249
wrote a letter said that he had killed
920
00:32:43,599 --> 00:32:44,589
erie yamalenko
921
00:32:44,880 --> 00:32:47,150
the hunt for other suspects next
922
00:32:53,440 --> 00:32:55,930
ever since the day 20 year old ira
923
00:32:55,839 --> 00:32:57,479
yarmolenko's bright life
924
00:32:57,519 --> 00:33:00,319
was cut short mark carver's answers have
925
00:33:00,480 --> 00:33:01,460
been the same
926
00:33:01,679 --> 00:33:03,469
mark did you kill era no
927
00:33:05,200 --> 00:33:07,760
did you strangle that young woman no
928
00:33:09,679 --> 00:33:12,119
i didn't even see her there's some
929
00:33:11,599 --> 00:33:14,499
saying about uh how eli has a short life
930
00:33:14,240 --> 00:33:15,220
but the truth
931
00:33:14,960 --> 00:33:17,760
lives on forever he's never wavered what
932
00:33:17,200 --> 00:33:18,530
does that tell you
933
00:33:18,319 --> 00:33:21,049
tells me he's telling the truth and if
934
00:33:21,519 --> 00:33:23,789
mark carver is telling the truth
935
00:33:23,200 --> 00:33:25,750
that means a killer is still on the
936
00:33:25,038 --> 00:33:25,438
loose
937
00:33:26,720 --> 00:33:29,570
someone who can solve the puzzle of that
938
00:33:28,960 --> 00:33:31,230
crime scene on the catawba river
939
00:33:32,480 --> 00:33:34,750
why for example were there three
940
00:33:34,480 --> 00:33:35,590
ligatures around
941
00:33:35,599 --> 00:33:38,289
ira's neck it's definitely overkill the
942
00:33:38,720 --> 00:33:39,650
hoodie string
943
00:33:39,919 --> 00:33:42,649
was probably enough to cut off the air
944
00:33:41,839 --> 00:33:43,169
supply in her neck
945
00:33:43,119 --> 00:33:45,969
that alone would have killed her i think
946
00:33:44,720 --> 00:33:47,280
that alone would have killed her the
947
00:33:45,759 --> 00:33:46,449
other two
948
00:33:46,720 --> 00:33:49,050
to me almost seemed uh decorative
949
00:33:50,398 --> 00:33:52,778
the blue ribbon almost like a bow
950
00:33:53,759 --> 00:33:56,659
perhaps it was a crime of passion at one
951
00:33:56,640 --> 00:33:57,040
point
952
00:33:57,038 --> 00:33:59,448
investigators entertained the theory
953
00:33:58,798 --> 00:34:00,538
that era knew her keller
954
00:34:00,798 --> 00:34:03,588
could it have been a fellow student who
955
00:34:02,640 --> 00:34:04,500
may have been stalking her
956
00:34:04,319 --> 00:34:06,879
or a customer from that coffee house
957
00:34:06,398 --> 00:34:07,558
where she worked
958
00:34:07,440 --> 00:34:10,120
who some said might have been obsessed
959
00:34:09,280 --> 00:34:12,010
with her or someone who coerced era to
960
00:34:12,398 --> 00:34:13,028
let them
961
00:34:12,878 --> 00:34:15,608
into her car that day the question was
962
00:34:15,280 --> 00:34:16,380
presented to me
963
00:34:16,559 --> 00:34:19,359
did she travel from charlotte by herself
964
00:34:19,599 --> 00:34:22,039
was there someone else in that car
965
00:34:21,519 --> 00:34:24,099
remember investigators were never able
966
00:34:23,918 --> 00:34:26,378
to enhance these surveillance images
967
00:34:26,079 --> 00:34:28,749
enough to confirm if era was alone or
968
00:34:28,878 --> 00:34:29,158
not
969
00:34:29,679 --> 00:34:32,419
the footage was not good enough quality
970
00:34:32,079 --> 00:34:34,709
where someone could tell whether there
971
00:34:33,599 --> 00:34:36,329
was a person another person in the car
972
00:34:35,199 --> 00:34:36,819
even in the front seat
973
00:34:36,159 --> 00:34:39,009
backseat even if era was alone there was
974
00:34:38,719 --> 00:34:41,279
no shortage of other suspects in the
975
00:34:40,639 --> 00:34:43,489
area who might have committed a crime of
976
00:34:42,878 --> 00:34:45,088
opportunity there were a lot of
977
00:34:44,878 --> 00:34:46,228
construction workers
978
00:34:46,719 --> 00:34:49,619
there's a lot of traffic a lot of people
979
00:34:49,039 --> 00:34:51,669
traffic ample opportunity for some her
980
00:34:51,280 --> 00:34:54,130
to come in contact with someone that was
981
00:34:53,519 --> 00:34:56,259
totally unknown to her last but perhaps
982
00:34:57,519 --> 00:34:59,969
most bizarre a confession that came
983
00:35:00,400 --> 00:35:01,900
early in the case an
984
00:35:02,239 --> 00:35:04,809
inmate in the mecklenburg county jail
985
00:35:04,559 --> 00:35:06,469
the case of a murdered unc
986
00:35:06,320 --> 00:35:09,060
charlotte student wrote a letter to one
987
00:35:08,239 --> 00:35:11,029
of our local news anchors and said that
988
00:35:10,320 --> 00:35:12,360
he had killed erie yarmolenko
989
00:35:12,320 --> 00:35:14,830
police talked to the self-proclaimed
990
00:35:14,239 --> 00:35:16,099
killer even tested his dna
991
00:35:16,880 --> 00:35:19,680
but determined his confession was just a
992
00:35:19,199 --> 00:35:21,819
strange way to meet a local celebrity
993
00:35:21,679 --> 00:35:24,419
and they believe that he was infatuated
994
00:35:23,920 --> 00:35:26,700
with the news anchor and saw this as a
995
00:35:25,760 --> 00:35:26,040
way
996
00:35:26,480 --> 00:35:29,380
of getting a chance to talk with her was
997
00:35:29,280 --> 00:35:30,320
there any sign
998
00:35:30,000 --> 00:35:32,900
that he chris mumma says the only way to
999
00:35:32,559 --> 00:35:35,139
resolve the questions surrounding mark
1000
00:35:34,480 --> 00:35:35,470
carver's guilt
1001
00:35:35,599 --> 00:35:38,339
is for the district attorney to release
1002
00:35:37,679 --> 00:35:40,119
the dna evidence to be re-examined
1003
00:35:40,639 --> 00:35:43,319
the district attorney in this case has
1004
00:35:42,800 --> 00:35:43,610
opposed you
1005
00:35:43,760 --> 00:35:45,610
every step of the way yes
1006
00:35:47,039 --> 00:35:49,759
he has and and i've asked to sit down
1007
00:35:48,960 --> 00:35:50,930
with him i've asked to meet
1008
00:35:50,960 --> 00:35:53,910
i asked her why should i help you to get
1009
00:35:54,159 --> 00:35:55,029
somebody off
1010
00:35:55,039 --> 00:35:57,249
that i firmly believe is guilty
1011
00:35:57,280 --> 00:35:59,790
prosecutors in this case declined to
1012
00:35:59,119 --> 00:36:01,609
talk to us on camera but they have
1013
00:36:00,880 --> 00:36:03,220
steadfastly defended the touch dna
1014
00:36:03,599 --> 00:36:04,179
evidence
1015
00:36:04,320 --> 00:36:06,470
after all even if carver's was
1016
00:36:06,639 --> 00:36:09,099
inadvertently transferred to the car
1017
00:36:08,639 --> 00:36:11,439
his cousin neil cassidus was found there
1018
00:36:11,039 --> 00:36:12,829
too what are the odds of
1019
00:36:12,880 --> 00:36:15,280
two dna transfers happening there's
1020
00:36:15,599 --> 00:36:17,569
another way to look at this
1021
00:36:17,280 --> 00:36:19,960
if we do believe in secondary transfer
1022
00:36:20,320 --> 00:36:22,530
we have to start thinking about
1023
00:36:22,079 --> 00:36:23,889
secondary transfer of both
1024
00:36:24,159 --> 00:36:26,949
but carver is adamant his only crime is
1025
00:36:27,519 --> 00:36:29,329
being a gullible fisherman
1026
00:36:29,519 --> 00:36:32,419
in the wrong place at the wrong time why
1027
00:36:32,400 --> 00:36:33,320
do you think
1028
00:36:33,599 --> 00:36:35,169
police were so focused
1029
00:36:36,639 --> 00:36:39,199
on you because they just wanted when
1030
00:36:38,960 --> 00:36:41,340
somebody to take the route for it
1031
00:36:40,880 --> 00:36:43,780
and they didn't care who done it i think
1032
00:36:43,358 --> 00:36:45,808
they thought they were easy targets
1033
00:36:45,440 --> 00:36:47,370
because they were uneducated
1034
00:36:48,800 --> 00:36:51,320
they wasn't highly sophisticated they
1035
00:36:50,480 --> 00:36:52,220
were real so pretty poor
1036
00:36:52,400 --> 00:36:55,190
yeah pretty poor as of tonight there is
1037
00:36:55,760 --> 00:36:56,280
another
1038
00:36:56,320 --> 00:36:58,960
powerful voice suggesting carver's case
1039
00:36:58,719 --> 00:37:00,349
should get another look
1040
00:37:00,400 --> 00:37:02,850
someone that might surprise you the
1041
00:37:02,880 --> 00:37:03,690
trial judge
1042
00:37:04,079 --> 00:37:06,469
timothy kincaid part of a district
1043
00:37:06,239 --> 00:37:07,749
attorney's oath is to
1044
00:37:07,519 --> 00:37:10,139
do justice and if that's what justice
1045
00:37:10,079 --> 00:37:12,519
requires that's what you got to do
1046
00:37:12,400 --> 00:37:14,960
when we come back what happened just
1047
00:37:15,280 --> 00:37:16,970
yesterday that could set
1048
00:37:16,880 --> 00:37:19,560
mark carver free and what era's family
1049
00:37:20,480 --> 00:37:21,920
has to say about it
1050
00:37:22,159 --> 00:37:23,079
stay with us
1051
00:37:22,989 --> 00:37:23,509
[Music]
1052
00:37:28,000 --> 00:37:30,620
it's been nearly six years since mark
1053
00:37:30,400 --> 00:37:33,150
carver was convicted of ira yarmolenko's
1054
00:37:33,119 --> 00:37:33,579
murder
1055
00:37:34,079 --> 00:37:36,769
his original defense attorney stands by
1056
00:37:36,400 --> 00:37:38,140
his handling of the case
1057
00:37:38,000 --> 00:37:40,670
but has been haunted by it ever since
1058
00:37:40,480 --> 00:37:42,040
this is the one trial
1059
00:37:42,320 --> 00:37:45,050
in 20 years that i have lost sleepover
1060
00:37:45,599 --> 00:37:48,389
mark carver is innocent i would love to
1061
00:37:48,159 --> 00:37:49,549
get a second chance
1062
00:37:49,440 --> 00:37:52,120
a second chance for mark carver that's
1063
00:37:51,679 --> 00:37:54,359
what chris mumma hopes she can deliver
1064
00:37:54,000 --> 00:37:56,330
just yesterday she filed a motion
1065
00:37:55,838 --> 00:37:57,828
demanding mark carver receive
1066
00:37:57,440 --> 00:38:00,230
a new trial we will certainly be saying
1067
00:38:00,239 --> 00:38:02,979
that we thought that he had ineffective
1068
00:38:02,239 --> 00:38:03,639
assistance a council
1069
00:38:03,440 --> 00:38:05,880
that he should have had a forensic
1070
00:38:05,119 --> 00:38:06,389
expert of his own
1071
00:38:06,719 --> 00:38:09,519
testifying that they should have put the
1072
00:38:08,400 --> 00:38:11,080
videotape in what are the chances that
1073
00:38:10,719 --> 00:38:12,759
you're going to be successful
1074
00:38:12,159 --> 00:38:14,839
we've been around this block enough to
1075
00:38:13,519 --> 00:38:15,829
know it's not good to bet on it
1076
00:38:15,760 --> 00:38:18,310
so we're going to fight for him and
1077
00:38:17,599 --> 00:38:20,219
we're going to hope that the district
1078
00:38:18,719 --> 00:38:20,349
attorney will work with
1079
00:38:19,838 --> 00:38:20,058
us
1080
00:38:24,239 --> 00:38:27,139
it's a long process but i do believe the
1081
00:38:26,320 --> 00:38:27,710
truth will come out
1082
00:38:27,519 --> 00:38:27,799
and
74929
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