Jason Carter, the man acquitted of murder earlier this year, has filed again to have a civil verdict that found him liable for his mother’s killing set aside.
A hearing has been set for Oct. 23 in Marion County on the matter. Jason Carter’s lawyers on Aug. 30 filed their second petition for post-trial relief.
Their contention is that newly discovered evidence they received during criminal discovery while defending Jason Carter in the murder charges he was ultimately acquitted of would have resulted in a different civil verdict.
Lawyers for Jason Carter’s father, Bill Carter, disagree.
“...all of [Jason Carter’s] supposedly new evidence is indistinguishable from the kind of evidence that this Court has already ruled is insufficient to permit a petition to vacate to move forward,” said a filing from Bill Carter’s lawyers.
Bill Carter’s attorneys also argue that the petition is being made outside of the one-year limitations statue and with no good reason can’t be granted by the court.
“[Bill Carter] asserts Jason seeks a ‘second bite at the apple,’” a filing from Jason Carter’s team read. “To the contrary, Jason seeks a first fair bite at the apple, or, to mix metaphors, a chance at the puzzle with all of the pieces on the table.”
Bill Carter sued his son Jason Carter in January 2016, saying Jason Carter was responsible for Shirley Carter’s killing in 2015.
The case went to a Marion County jury in December 2017, where that jury found Jason Carter civilly liable in his mother’s death.
Two days later, Marion County law enforcement charged Jason Carter with first-degree murder in the killing. The trial was moved to Council Bluffs, where a Pottawattamie County jury found Jason Carter not guilty of the charge in March.