2008 murder case revisited, defense attorney pushes for retrial

- A heated morning in Gaston County Court as Mark Carver's attorney continues to push for a retrial.

Carver is currently serving a life sentence for the 2008 death of 20-year-old Ira Yarmolenko.

"September 25th, good lord willing, I am going to be right here," said Judge David Lee.  "And we are going to proceed with this hearing however much time it takes."

Judge David Lee had to remind both parties several times Monday that they must be ready for an evidentiary hearing come September.

"It's not a threat," said Lee.  "It's just going to have to be done-- and before September 25th."

It's been six years since Mark Carver was sentenced to life behind bars, but many questions still remain.

"Our job is to prove that Mark Carver did not receive a fair trial," said Carver's Attorney Chris Mumma.  "And my firm belief is he shouldn't have been taken to trial at all."

Mumma is arguing that DNA evidence used to convict her client, Mark Carver, back in 2011-- didn't meet scientific standards.

"He's in prison for something he didn't do,' said Mumma.  "And he's confused as to how all this happened to him-- but he's doing fine and putting his trust in us."

20-year-old Ira Yarmolenko was found strangled to death on the banks of the Catawba River back in 2008.  Carver's DNA was found on her car, but not her body or the murder weapons.

"I don't know if there's enough DNA to retest," said Mumma.  "We haven't asked for retesting because we are looking at the evidence available at the time of the trial.  Retesting is what would happen if there's a new trial granted."

In court Monday, things heated at times as the district attorney's office and the defense both argued they haven't received certain documents and medical releases they need from each other to move forward and prepare for the September court date.

An evidentiary hearing is now scheduled for September 25.

FOX 46 Charlotte is told Mark Carver will be present for that hearing.

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