DES MOINES, IOWA - Attorneys representing Jason Carter say Iowa Division of Criminal Investigation officers worked behind the scenes, passing secret notes to help Carter's father win a $10-million dollar civil lawsuit.
"In this case there is no doubt that law enforcement was working hand-in-glove with plaintiffs. Any of you who were spending time in the courtroom, you would see the law enforcement people working, passing notes to the plaintiff's side." Attorney Steven Wandro says.
Usually a criminal case is already over before a civil case is filed, Wandro says, so all of the evidence has been disclosed. In this case, that didn't happen, and Wandro says it is unprecedented.
"This is going to be something that the Supreme Court on appeal is going to have to address. That is, what happens when the State puts its fingers on the scales of justice." Wandro said, using hand gestures to show two sides becoming unbalanced, one hand higher than the other.
No criminal charges were filed for two years, until now Wandro says, because DCI and the prosecution don't have a solid case.
"The clothes not being gathered up during the original crime investigation." He says. "Well, you know, those tee-shirts and jeans could have had gunpowder, and body fluids, things that would tell someone either you did do it, or you didn't do it."
Jason Carter was charged with Murder over the weekend, after the civil case ended.