KNOXVILLE, Iowa -- Could it have been a burglary gone bad that led to the murder of Shirley Carter? Attorneys for the man who was found civilly responsible for her death last year say lots of evidence point to that scenario.
On Tuesday, Jason Carter's attorneys continued to argue that there is exculpatory evidence that was not included in his civil trial that proves someone else was responsible for his mother's death.
Jason Carter's attorneys called a Marion County detective to the stand to ask about numerous individuals who have been implicated by others to have been involved in Shirley's killing.
Attorney Alison Kanne had the following exchange with Reed Kious, detective with the Marion County Sheriff's Office:
Kanne: "So, Detective Kious, is it fair to say there are a fair number of individuals who have been repeatedly implicated as being involved in the murder of Shirley Carter?"
Kious: "Yes Ma`am."
Kanne: "And, of those individuals almost none of them have alibis for the morning of June 19, 2015?"
Kious: "No, Ma`am."
Kanne: "And, none of that information was provided before the civil trial or during the civil trial by you?"
Kious: "No Ma`am, and I should say they have alibis, but none that I can prove where they are..."
But on cross examination, attorneys for Shirley Carter's estate countered that notion. They tried to illustrate that Detective Kious can't corroborate that the alibis of the people who have been implicated in Shirley Carter's murder are not as significant as Jason's attorneys would have District Court Judge Martha Mertz believe.
David Fautsch, Attorney for Shirley Carter's Estate, had the following exchange with Detective Kious:
Fautsch: "Do you know where Ms. Kanne was on the morning of June 19, 2015?"
Kious: "Ah, no Sir."
Fautsch: "So, by that same standard, you can`t rule that out either, can you?"
Kious: "I think she is a person of fine moral character, but no, based on that standard, I could not."
Fautsch: "And so, based on that same standard the Honorable Judge Martha Mertz is here today, you don`t know where she was on that morning either, do you?"
Kious: "Same comment, and no, I don`t know where she was."
In December 2017, Jason Carter was ordered to pay $10 million in damages to the estate of Shirley Carter, after a jury found him civilly responsible for shooting her to death in her rural Marion County home. Jason is now trying to get that judgment vacated or a new civil trial ordered by arguing through his attorneys that evidence which shows he was not the person who killed his mother was not included in his original civil trial.