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These are the user uploaded subtitles that are being translated: 1 00:00:00,000 --> 00:00:02,340 match tonight a 2020 investigation 2 00:00:04,559 --> 00:00:07,409 the amazing story that could be the next 3 00:00:07,278 --> 00:00:08,498 making a murderer 4 00:00:08,558 --> 00:00:11,288 he was like they're trying to pin this 5 00:00:10,400 --> 00:00:12,880 on me i was like dad what are you 6 00:00:11,759 --> 00:00:12,689 talking about 7 00:00:12,480 --> 00:00:15,230 they're talking about this nature loving 8 00:00:14,798 --> 00:00:17,188 girl found murdered on a riverbank 9 00:00:17,359 --> 00:00:19,619 there's a car that's run off an 10 00:00:18,879 --> 00:00:21,269 embankment and there's a body land 11 00:00:20,800 --> 00:00:23,070 now the man found fishing nearby 12 00:00:23,600 --> 00:00:24,820 sentenced to life 13 00:00:24,719 --> 00:00:27,269 for killing her a man many think is 14 00:00:27,439 --> 00:00:28,019 innocent 15 00:00:28,399 --> 00:00:31,129 and what you see tonight could set him 16 00:00:30,960 --> 00:00:31,300 free 17 00:00:31,920 --> 00:00:34,660 did the evidence of a brutal strangling 18 00:00:34,159 --> 00:00:35,079 put him away 19 00:00:35,200 --> 00:00:37,880 it was knotted very tightly around her 20 00:00:37,280 --> 00:00:39,890 neck or was it a hell-bent detective 21 00:00:40,079 --> 00:00:42,039 honing in on an easy a car 22 00:00:43,679 --> 00:00:46,529 you target heard a car you never touched 23 00:00:45,679 --> 00:00:48,349 the car low behold guess whose dna is 24 00:00:47,679 --> 00:00:49,419 inside a dead girl's car 25 00:00:50,799 --> 00:00:53,599 tonight one woman's crusade to prove his 26 00:00:53,679 --> 00:00:54,319 innocence 27 00:00:54,479 --> 00:00:57,269 people just lost track of who was doing 28 00:00:56,399 --> 00:00:59,249 what lost track in a high-profile murder 29 00:00:59,039 --> 00:00:59,379 case 30 00:00:59,920 --> 00:01:02,770 we're showing you the crime scene at the 31 00:01:02,238 --> 00:01:03,638 water's edge fishing 32 00:01:03,520 --> 00:01:06,420 there's no way i could even lean out and 33 00:01:05,280 --> 00:01:07,670 see that there's anything going on 34 00:01:07,118 --> 00:01:09,908 tapes the jury never saw even the judge 35 00:01:10,879 --> 00:01:13,379 now rethinking the case what do you 36 00:01:12,799 --> 00:01:14,549 think after watching that 37 00:01:14,478 --> 00:01:16,868 videotape it does make me question 38 00:01:17,040 --> 00:01:18,080 whether or not 39 00:01:18,319 --> 00:01:20,869 mark carver did it did they catch a 40 00:01:21,359 --> 00:01:21,939 murderer 41 00:01:22,319 --> 00:01:25,049 or make one if mark carver didn't kill 42 00:01:25,200 --> 00:01:26,130 iri yamalenka 43 00:01:26,640 --> 00:01:27,560 then who did 44 00:01:30,400 --> 00:01:33,200 hello i'm elizabeth vargas and i'm david 45 00:01:32,400 --> 00:01:35,240 muir as we come on the air here tonight 46 00:01:34,159 --> 00:01:36,829 a man sits in a north carolina prison 47 00:01:36,319 --> 00:01:37,479 nearly six years 48 00:01:37,840 --> 00:01:40,460 into a life sentence for killing this 49 00:01:39,840 --> 00:01:42,640 young woman right here behind us tonight 50 00:01:41,920 --> 00:01:44,310 but just like that hit documentary 51 00:01:43,438 --> 00:01:46,068 series making a murderer questions are 52 00:01:45,359 --> 00:01:46,519 now being raised 53 00:01:46,560 --> 00:01:49,060 is an innocent man behind bars just 54 00:01:49,040 --> 00:01:51,670 yesterday mark carver's lawyer filed a 55 00:01:50,959 --> 00:01:53,709 motion to have his conviction overturned 56 00:01:53,519 --> 00:01:56,419 to start fresh with a new trial i've now 57 00:01:56,560 --> 00:01:59,350 spent hours with that man at the center 58 00:01:58,718 --> 00:02:00,398 who refused a plea deal 59 00:02:00,319 --> 00:02:03,009 saying he wouldn't confess to something 60 00:02:02,478 --> 00:02:03,398 he didn't do 61 00:02:03,920 --> 00:02:06,650 after tonight will you think he did it 62 00:02:08,639 --> 00:02:11,389 drive west from charlotte north carolina 63 00:02:11,120 --> 00:02:12,280 on interstate 85 64 00:02:12,878 --> 00:02:15,618 and you'll cross the catawba river wide 65 00:02:16,080 --> 00:02:18,280 and placid it's a big draw for 66 00:02:18,080 --> 00:02:20,370 recreational boaters and sportsmen 67 00:02:21,280 --> 00:02:23,960 in close but separate locations on the 68 00:02:23,598 --> 00:02:24,998 river's wooded banks 69 00:02:25,280 --> 00:02:28,130 two people arrive here on the morning of 70 00:02:27,199 --> 00:02:28,119 may 5th 2008 71 00:02:29,280 --> 00:02:31,550 they could not be more different 72 00:02:31,629 --> 00:02:32,149 [Music] 73 00:02:34,400 --> 00:02:37,300 one is a 20 year old student from nearby 74 00:02:36,878 --> 00:02:37,158 unc 75 00:02:37,598 --> 00:02:39,998 charlotte ira yarmolenko a musician 76 00:02:41,120 --> 00:02:42,860 a photographer a poet we 77 00:02:44,239 --> 00:02:46,919 as women as children an outdoorsy type 78 00:02:47,280 --> 00:02:48,910 who loves nature really 79 00:02:50,639 --> 00:02:53,319 enjoyed the beauty of nature she tried 80 00:02:53,039 --> 00:02:54,549 to find it everywhere 81 00:02:54,318 --> 00:02:57,108 pavel is era's brother why do you think 82 00:02:56,719 --> 00:02:59,509 your sister drove to the river that day 83 00:02:59,360 --> 00:03:01,850 i think that she was looking for a 84 00:03:02,158 --> 00:03:04,368 pretty spot to take pictures at 85 00:03:04,158 --> 00:03:06,548 ira is originally from the ukraine 86 00:03:06,400 --> 00:03:08,970 immigrating here with her family when 87 00:03:07,919 --> 00:03:09,949 she was just seven years old 88 00:03:10,400 --> 00:03:13,130 the other person on the river that day 89 00:03:12,639 --> 00:03:14,319 39 year old mark carver 90 00:03:14,719 --> 00:03:17,449 he's from just down the road in nearby 91 00:03:16,878 --> 00:03:17,458 gastonia 92 00:03:18,000 --> 00:03:20,790 a dirt road which bears his family name 93 00:03:21,360 --> 00:03:24,050 lined with modest dwellings which house 94 00:03:23,919 --> 00:03:24,849 his relatives 95 00:03:25,840 --> 00:03:28,050 carver was a very simple person 96 00:03:29,039 --> 00:03:31,539 his family lived out in the country 97 00:03:31,280 --> 00:03:33,090 didn't have much education 98 00:03:33,120 --> 00:03:35,740 could not read very well cannot write 99 00:03:35,919 --> 00:03:36,609 very well 100 00:03:37,919 --> 00:03:40,299 unlike era mark has never been to 101 00:03:40,000 --> 00:03:42,790 college in fact he's never gone to high 102 00:03:42,479 --> 00:03:42,939 school 103 00:03:44,080 --> 00:03:46,580 after years of working in the local 104 00:03:45,919 --> 00:03:48,709 cotton mills he now spends his day here 105 00:03:48,799 --> 00:03:51,299 at this fishing hole on the catawba 106 00:03:51,199 --> 00:03:53,469 where he casts away his troubles 107 00:03:53,598 --> 00:03:56,098 often with this man his cousin neil 108 00:03:56,799 --> 00:03:58,899 cassida robin carver is mark's 109 00:03:59,199 --> 00:04:00,179 sister-in-law 110 00:04:00,318 --> 00:04:03,108 oh they were together all the time when 111 00:04:01,840 --> 00:04:03,760 they were fishing and stuff 112 00:04:03,598 --> 00:04:06,338 what happened on that river that bright 113 00:04:05,759 --> 00:04:08,249 may day is as perplexing as it was 114 00:04:08,479 --> 00:04:11,149 violent but this much we can tell you 115 00:04:10,799 --> 00:04:11,429 for sure 116 00:04:11,759 --> 00:04:14,199 today ira yarmolenko is in a north 117 00:04:14,239 --> 00:04:15,409 carolina cemetery 118 00:04:15,919 --> 00:04:18,239 and mark carver is in this north 119 00:04:18,000 --> 00:04:19,050 carolina prison 120 00:04:19,759 --> 00:04:22,439 serving a life sentence for her murder 121 00:04:23,199 --> 00:04:25,879 i recently went behind the barbed wire 122 00:04:25,600 --> 00:04:26,880 and concrete walls 123 00:04:27,360 --> 00:04:29,730 to hear his story hi mark hi i'm 124 00:04:29,839 --> 00:04:30,479 elizabeth 125 00:04:30,800 --> 00:04:33,520 nice to meet you why don't you have a 126 00:04:32,800 --> 00:04:33,490 seat okay 127 00:04:33,918 --> 00:04:36,588 how long have you been in this prison 128 00:04:35,360 --> 00:04:36,460 mark five years 129 00:04:37,279 --> 00:04:40,019 there is no question that what happened 130 00:04:39,519 --> 00:04:40,959 to era that day was 131 00:04:40,879 --> 00:04:43,509 terrible and tragic but attorney chris 132 00:04:43,918 --> 00:04:46,248 mumma who's devoted her career to 133 00:04:46,319 --> 00:04:48,729 exonerating the wrongfully convicted 134 00:04:49,120 --> 00:04:51,790 says carver is also a victim we think 135 00:04:52,240 --> 00:04:53,400 mark is innocent 136 00:04:53,680 --> 00:04:56,410 and if mark is innocent the family has 137 00:04:55,680 --> 00:04:58,010 not received justice and the true 138 00:04:57,360 --> 00:05:00,100 perpetrator is still out on the streets 139 00:05:00,240 --> 00:05:02,960 mumma took me out on the river to the 140 00:05:02,079 --> 00:05:04,469 spot where carver and cassidy were 141 00:05:04,079 --> 00:05:05,479 fishing that morning 142 00:05:05,680 --> 00:05:08,290 mark would back his truck up to this 143 00:05:08,319 --> 00:05:09,359 down this road 144 00:05:09,600 --> 00:05:12,500 so he didn't walk the road he drove down 145 00:05:11,839 --> 00:05:12,819 he drove down 146 00:05:12,639 --> 00:05:15,259 and literally parked with the back of 147 00:05:14,240 --> 00:05:17,140 the truck right here he would sit on the 148 00:05:15,839 --> 00:05:17,699 back the tailgate and fish 149 00:05:17,918 --> 00:05:20,128 cassette left around 12 30 that 150 00:05:20,240 --> 00:05:22,290 afternoon leaving carver alone 151 00:05:23,680 --> 00:05:26,350 half an hour later two jet skiers out 152 00:05:26,478 --> 00:05:28,328 for a ride on the catawba 153 00:05:28,319 --> 00:05:30,179 come upon a gruesome scene 154 00:05:32,399 --> 00:05:34,779 i'm a boater on the catawba river 155 00:05:36,800 --> 00:05:39,490 something blue and metallic catches the 156 00:05:39,759 --> 00:05:41,839 eye of one of the jet skiers 157 00:05:41,360 --> 00:05:43,620 there's a car that's run off an 158 00:05:42,879 --> 00:05:45,269 embankment and there's a body land 159 00:05:44,800 --> 00:05:47,530 laying there i don't know if there are 160 00:05:46,240 --> 00:05:47,620 or not and as they 161 00:05:47,839 --> 00:05:50,619 motor up closer they see the body of a 162 00:05:50,639 --> 00:05:53,489 young girl lying in the grass beside the 163 00:05:52,639 --> 00:05:52,919 car 164 00:05:53,279 --> 00:05:55,949 it is ira yarmolenko her body her car 165 00:05:56,959 --> 00:05:59,639 found 100 yards up river from carver's 166 00:06:00,319 --> 00:06:01,189 fishing hole 167 00:06:01,199 --> 00:06:03,999 the police found ear's body right beside 168 00:06:03,839 --> 00:06:05,929 the driver's side of the cart 169 00:06:05,279 --> 00:06:07,979 elizabeth leland has written extensively 170 00:06:07,360 --> 00:06:09,630 about the case for the charlotte 171 00:06:08,720 --> 00:06:09,300 observer 172 00:06:09,600 --> 00:06:12,280 she says the bizarre crime scene posed 173 00:06:11,680 --> 00:06:12,960 far more questions 174 00:06:12,959 --> 00:06:15,759 than answers she wasn't raped she wasn't 175 00:06:15,918 --> 00:06:16,378 robbed 176 00:06:16,560 --> 00:06:19,060 there were lots of things that just 177 00:06:18,000 --> 00:06:20,330 didn't make sense about this case 178 00:06:20,240 --> 00:06:23,090 among them the odd manner of death these 179 00:06:23,759 --> 00:06:26,439 three ligatures around her neck it was 180 00:06:26,959 --> 00:06:27,949 the drawstring 181 00:06:28,160 --> 00:06:30,830 that had been taken out of her hoodie 182 00:06:29,759 --> 00:06:31,449 and wrapped around tight 183 00:06:31,360 --> 00:06:34,100 and knotted in several places there was 184 00:06:33,519 --> 00:06:36,309 a bungee cord that had been tied around 185 00:06:36,399 --> 00:06:38,959 and lastly a very dainty little blue 186 00:06:40,319 --> 00:06:40,779 ribbon 187 00:06:41,038 --> 00:06:43,728 the disturbing discovery in the catawba 188 00:06:42,720 --> 00:06:45,160 river a body as the media descends 189 00:06:45,120 --> 00:06:47,630 police begin canvassing the area for 190 00:06:47,199 --> 00:06:47,839 witnesses 191 00:06:48,079 --> 00:06:50,869 they talked to those two jet skiers and 192 00:06:50,720 --> 00:06:53,460 to construction workers who were in the 193 00:06:52,639 --> 00:06:54,849 area where era's body was found 194 00:06:54,879 --> 00:06:57,549 we went see if anything could be done 195 00:06:56,319 --> 00:06:59,209 but it was it was too late there was no 196 00:06:58,000 --> 00:06:58,580 movement 197 00:06:58,560 --> 00:07:01,240 and of course they find that fisherman 198 00:07:01,360 --> 00:07:01,820 calmly 199 00:07:02,000 --> 00:07:04,570 casting for carp just downstream mark 200 00:07:05,360 --> 00:07:05,820 carver 201 00:07:06,000 --> 00:07:08,850 and what did they tell you was happening 202 00:07:07,759 --> 00:07:09,679 they didn't tell me nothing 203 00:07:09,279 --> 00:07:12,119 they just said they need to get my name 204 00:07:10,879 --> 00:07:13,439 and address and my fishing license i 205 00:07:13,120 --> 00:07:14,390 give them to them 206 00:07:14,478 --> 00:07:17,198 and then he gave him back i shook his 207 00:07:16,319 --> 00:07:18,529 hand they went up through there 208 00:07:18,560 --> 00:07:20,950 carver is cooperative but not very 209 00:07:20,639 --> 00:07:23,079 helpful he says he neither saw nor 210 00:07:23,279 --> 00:07:25,849 heard anything so police have nothing 211 00:07:25,839 --> 00:07:28,689 but bad news to deliver when they notify 212 00:07:28,240 --> 00:07:30,980 ira's family police officer came to the 213 00:07:30,560 --> 00:07:32,060 door what did he say 214 00:07:32,160 --> 00:07:34,710 he slowly walked in and and told us 215 00:07:36,000 --> 00:07:38,570 that unfortunately they have found my 216 00:07:38,800 --> 00:07:41,250 sister's body and that they're very 217 00:07:40,399 --> 00:07:40,919 certain 218 00:07:41,680 --> 00:07:44,240 that it's her i can't fathom getting 219 00:07:44,000 --> 00:07:45,040 news like that 220 00:07:45,199 --> 00:07:48,049 i think all of us simply collapsed where 221 00:07:47,360 --> 00:07:48,220 we were and 222 00:07:48,399 --> 00:07:51,179 that was that was it days pass with no 223 00:07:51,360 --> 00:07:51,820 arrest 224 00:07:52,240 --> 00:07:54,910 the mystery now as deep as the sorrow 225 00:07:55,598 --> 00:07:58,498 i hope that when you go home tonight you 226 00:07:59,038 --> 00:07:59,728 will tell 227 00:07:59,598 --> 00:08:02,218 everybody that you love them you will 228 00:08:01,360 --> 00:08:03,920 tell everyone that you know that you 229 00:08:02,879 --> 00:08:03,569 love them 230 00:08:03,439 --> 00:08:06,239 pavel eulogizes his sister at a memorial 231 00:08:06,240 --> 00:08:07,460 service on campus 232 00:08:07,839 --> 00:08:10,619 in the coming days she is laid to rest 233 00:08:10,720 --> 00:08:13,520 while detectives speak to those who last 234 00:08:12,800 --> 00:08:13,370 saw her 235 00:08:13,759 --> 00:08:16,329 piecing together her final steps this 236 00:08:16,720 --> 00:08:18,230 video is to represent 237 00:08:18,160 --> 00:08:20,790 the timeline for miss irena yarmolenko 238 00:08:20,800 --> 00:08:22,320 detectives record this 239 00:08:22,160 --> 00:08:24,670 timeline video era spent the morning 240 00:08:24,478 --> 00:08:25,818 running errands she 241 00:08:26,079 --> 00:08:28,979 went to the credit union and she went to 242 00:08:28,000 --> 00:08:30,630 the goodwill a security camera catches 243 00:08:30,478 --> 00:08:33,048 her donating several bags of clothing 244 00:08:32,958 --> 00:08:35,458 and then she went to jackson's java 245 00:08:35,038 --> 00:08:37,888 which was a coffee shop where she worked 246 00:08:37,200 --> 00:08:39,710 takes approximately 5 minutes and 50 247 00:08:39,120 --> 00:08:40,510 seconds to drive to 248 00:08:40,559 --> 00:08:43,189 jackson's jabba from goodwill and from 249 00:08:43,278 --> 00:08:45,138 there to the catawba river 250 00:08:44,879 --> 00:08:47,659 is about a 19-minute drive this is the 251 00:08:47,759 --> 00:08:50,269 last documented moment of era's life 252 00:08:50,480 --> 00:08:52,860 a grainy video of her car driving 253 00:08:52,879 --> 00:08:55,259 through the parking lot of a ymca 254 00:08:55,440 --> 00:08:58,060 about half a mile from the embankment 255 00:08:57,679 --> 00:08:59,359 where her car was found 256 00:08:59,600 --> 00:09:02,280 police study it searching for any sign 257 00:09:02,720 --> 00:09:05,570 of another person with her but the video 258 00:09:05,919 --> 00:09:06,369 is so 259 00:09:06,399 --> 00:09:08,729 unclear police can't tell so they 260 00:09:08,879 --> 00:09:11,499 pursued the theory that era must have 261 00:09:10,879 --> 00:09:11,919 met her killer 262 00:09:11,759 --> 00:09:14,439 out on the river if someone approached 263 00:09:14,080 --> 00:09:16,520 her that she didn't know would she 264 00:09:16,159 --> 00:09:18,729 had her defenses up unfortunately for 265 00:09:17,919 --> 00:09:20,519 her i think she was much more of an 266 00:09:20,159 --> 00:09:22,659 outgoing type of person the kind of 267 00:09:22,559 --> 00:09:24,129 person who would trust 268 00:09:23,679 --> 00:09:26,409 people she didn't know i think so yeah 269 00:09:26,639 --> 00:09:29,379 with the search for the killer dragging 270 00:09:28,480 --> 00:09:29,400 on for weeks 271 00:09:29,600 --> 00:09:32,280 and then months public pressure on the 272 00:09:31,759 --> 00:09:33,559 police to solve the crime 273 00:09:33,278 --> 00:09:35,958 mounts we were tormented by the search 274 00:09:37,039 --> 00:09:39,889 we thought of it more or less constantly 275 00:09:40,240 --> 00:09:43,030 so police bring mark carver back in and 276 00:09:43,278 --> 00:09:44,488 start to do some 277 00:09:44,399 --> 00:09:47,069 fishing of their own do you know what 278 00:09:46,639 --> 00:09:47,149 dna is 279 00:09:47,679 --> 00:09:50,289 are they about to find a murderer or 280 00:09:50,159 --> 00:09:50,789 make one 281 00:09:50,879 --> 00:09:53,379 everybody was just in shock we just 282 00:09:52,879 --> 00:09:55,159 couldn't believe it was happening 283 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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