The Utah Supreme Court has reversed a district court ruling that had summarily dismissed Douglas Carter's petition for post-conviction relief. The high court held that the lower court erred in deciding that Carter was not prejudiced by his defense counsel's conduct or the actions of the prosecution and police during the guilt and sentencing phases of his trial.
The case involves allegations surrounding the testimony of two witnesses, Epifanio and Lucia Tovar, who testified in Carter's 1985 murder trial. In 2011, Carter's counsel located the witnesses, who provided sworn declarations alleging they were threatened by police with deportation, prison, and the removal of their son if they did not cooperate against Carter.
The declarations also claim that the witnesses were coached by the prosecutor and instructed to lie under oath regarding financial benefits they received from the police. These benefits allegedly included the payment of rent, utilities, and groceries, as well as moving the family to different apartments.
While the district court previously dismissed the petition on the grounds that such conduct was not material or did not change the outcome of the trial, the Supreme Court found that Carter demonstrated a genuine dispute of material fact. The high court noted that the witnesses' testimony evolved over time in ways that were damaging to Carter's case, specifically regarding the murder weapon and Carter's state of mind during sentencing.
The court concluded that when viewing the evidence in the light most favorable to Carter, there is enough foundation to infer that the changes in the Tovars' testimony could have been a response to both financial benefits and testimony coaching.
As a result of this reversal, the Supreme Court has remanded the case for an evidentiary hearing to determine whether the alleged misconduct resulted in actual prejudice to Carter's legal proceedings.
