CHARLOTTE, N.C. -- A decade-old murder case is being re-examined and the accused killer could go free because of a new DNA test.
- Reported last month: New DNA Testing Ordered in 2008 Murder Case
- From 2017: Attorney Requests New Trial for Charlotte Man Convicted of Murder
Mark Carver was convicted of killing UNC Charlotte student Ira Yarmolenko in 2011, but Carver, his family, and supporters have always maintained his innocence. The 20-year-old student's body was found along the banks of the Catawba River.
"We've been waiting a long time, we believe in Mark's innocence. We're glad the hearing is finally here," Christine Mumma with the North Carolina Center for Actual Innocence said.
Prosecutors said they found Carver's DNA on her car, which was nearby. Defense attorneys said the evidence was bad.
Just a few weeks ago, a judge ruled for new testing to be done on Yarmolenko's fingernails.
The new test is called YSTR DNA testing, and will be able to identify male DNA samples to help find the identity of the person responsible for Yarmolenko's death.
Carver's supporters say he's been innocent since day one, and they're hoping this test helps prove that and sets him free. His psychologist testified that he has an IQ of 61 as well as lacks basic verbal comprehension and processing skills.
District Attorney Locke Bell questioned Carver's legal team's assessment of his mental capacity, noting that while in prison he is working on his GED and plays cards and board games with other inmates.
"Mr. Bell has made up in his mind that Mr. Carver does all these things on his own, that does not make it true," he said.
Members of Carver's family took the stand Wednesday morning. Both his daughters testified that Carver had surgery on his arms and had difficulty picking up heavy items, even tying his shoes. The defense used this statement to suggest that Carver could not have strangled Yarmolenko in 2008.
However, the prosecution says Carver had previously told police he was able to set up fishing poles on his own, grip a four wheeler handle, and set up bait on a fishing line, thus arguing that he did in fact have some upper body strength.
As Carver's brother and Cousin testified, the focus stayed on Carver's physical ability to commit the murder, since it was originally stated in 2008 that Yarmolenko had been found strangled near her car.
The judge could grant a new trial, uphold the conviction, or dismiss all charges against Carver.