Carter denied new civil trial

File photo/Pella ChronicleJason Carter

KNOXVILLE — Jason Carter will not receive a new civil trial, a Marion County judge ruled Friday.

District Judge Marta Mertz in her ruling decided that the new evidence Jason Carter’s attorneys said warranted a new trial in the matter wouldn’t be admissible in court, and thus would not change be likely to the result.

A jury found Jason Carter liable in December for killing the June 2015 killing of his mother Shirley Carter. The civil suit for wrongful death had been brought by Jason Carter’s father Bill Carter and brother Billy Carter in a case that was followed by NBC’s Dateline.

The court ordered Jason Carter to pay $10 million to his mother’s estate following the jury verdict.

Two days following the civil verdict, Jason Carter was arrested on first-degree murder charges. He is set for trial in that case in Council Bluffs in March.

During discovery for the criminal case, Jason Carter’s attorneys said they received evidence from the state’s criminal investigation that would change the outcome of the civil case, had they been in possession of the information then.

The court’s ruling, though, said “virtually all the evidence Jason presented in support of his position involves some level of hearsay, often double and triple hearsay.”

Much of the information was incomplete, inconsistent with findings at the crime scene, or refuted in some other way, the ruling continued.

The court said in order to be granted a new trial, or for the judgment to be vacated, the evidence would need to have been discovered after the trial, not have been able to be discovered earlier, must be more than cumulative or impeaching evidence, and that the evidence would be likely or probable to change the result.

In denying Jason Carter’s motion to toss the jury’s verdict and receive a new trial, the court also assessed court costs to Jason Carter.

Jason Carter also has appealed the verdict to the Iowa Court of Appeals. The proceedings had been on hold until Friday’s decision and will now continue.