The defense and the plaintiffs in the Jason Carter case are examining bit by bit evidence in the shooting death of his mother — evidence which the defense says was not disclosed to them during his civil trial, in which he was found liable for her death.
Carter faces a $10 million judgement, and an upcoming criminal trial in the matter. He and his attorneys returned to court in Knoxville on Monday, seeking to have his verdict vacated or sent back for a new trial.
The hearing comes about partly because of one unusual factor; the civil case was tried before criminal charges were lodged against Jason Carter, and his defense team says evidence which normally would have been disclosed prior to a criminal trial was not presented to them.
Carter’s defense attorneys believe access to this evidence — including investigative reports and fingerprint results — would have completely altered their approach.
He is accused of shooting his mother at his boyhood home in June of 2015; both sides believe an apparent burglary at the scene was staged, and that Shirley Carter knew her assailant. The defendant maintained during the civil case his father Bill Carter was the one responsible.
The court denied a motion to exclude all the non-disclosed evidence, and the sides are arguing the individual exhibits in evidence to determine whether they would be admissible — and whether their inclusion would have altered the jury’s verdict.
Testimony is scheduled to continue today.
