A motion by the defense in the Jason Carter civil trial to vacate the judgment will not be acted upon by Judge Martha Mertz, citing that the appeal of the civil trial is currently under the authority of the Iowa Supreme Court.

The motion to vacate the judgment in the civil trial was filed because of what the defense claimed as “new exculpatory evidence” gained by the discovery process in the Jason Carter criminal trial. Judge Mertz ruled that until authorized to do so by the Iowa Supreme Court, the District Court will take no action relative to the judgment or the requested new trial or any other response.

The defense for Jason Carter filed a response citing case precedence that the District Court retains jurisdiction over the Petition to Vacate Judgment or a motion for a new trial despite the ongoing appeal, and that they respectfully request that the Court adjudicate the matters as it would normally.

A hearing to determine the outcome of a change of venue motion filed by the defense in the Jason Carter criminal trial will be heard Thursday afternoon before Judge Brad McCall.