HOW DESTRUCTIVE FLOODING MORE
THAN A DECADE AGO REALLY MADE A
DIFFERENCE THIS TIME AND WHY
SOME HOMES FARED MUCH BETTER
THAN OTHERS.
BREAKING NEWS JUSTIN. WE
ARE HEARING MARK CARVER IS NOW
COMING OUT OF THE JAIL. LET'S
GO TO THE LIVE PICTURES.
YOU CAN SEE EVERYBODY TRYING TO
GET THE FIRST IMAGES AS MR.
CARVER WITH SUNGLASSES ON AND
SHORTCUT HAIR AND WEARING A T-
SHIRT AND HUGGING FRIENDS AND
FAMILY.
PEOPLE FOUGHT TO GET HIM OUT OF
PRISON.
WE HAVE REPORTERS THERE WE HOPE
YOU WILL ANSWER SOME QUESTIONS.
LET'S -- LISTEN IN FOR A MOMENT.
IT LOOKS LIKE HE IS GETTING
HIMSELF A SHIRT TO PUT ON WITH
MAYBE SOME KIND OF A MESSAGE,
OR MAYBE JUST A FAVORITE SHIRT.
ALMOST A DECADE OF
INCARCERATION LEADING UP TO THE
TRIAL.
NOW, NOTHING BUT GRINS.
HE WILL ALSO HAVE TO GO THROUGH
ANOTHER TRIAL BUT THE JUDGE
DECIDES HE NEEDS ANOTHER TRIAL.
THERE IS KEN LEMON.
Reporter: HOW DOES IT FEEL
TO BE OUT OF PRISON?
IT FEELS GREAT .
Reporter: THE DA SAYS HE
FEELS YOU ARE THE ONLY LIVING
SUSPECT IN THE CASE.
WHAT YOU THINK ABOUT THAT?
I DON'T KNOW.
I DIDN'T DO NOTHING.
I'M INNOCENT.
Reporter: THE FIRST FEW
MOMENTS WHEN THE DOOR OPENED,
HOW DID YOU FEEL?
GREAT.
YEAH.
Reporter: THE PERSON WHO
BONDED YOU OUT WITH SOMEONE
EXONERATED AND HE SAYS HE
THINKS -- HE WANTS TO MEET AND
TALK WITH YOU.
HAVE YOU BEEN SPEAKING WITH HIM
BEFORE HE POSTED A $100,000
BOND THAT GOT YOU OUT?
YEAH.
Reporter: WHAT YOU WANT TO
SAY TO HIM?
THANK YOU, I APPRECIATE IT.
YOU KNOW WHAT I'VE BEEN THROUGH
.
Reporter: THIS IS A SMALL
STEP FOR YOU. YOU WANTED TO BE
FOUND INNOCENT AND THE JUDGE
DID NOT DO THAT. HOW DOES IT
FEEL GETTING READY FOR THE NEXT
LEG OF WHAT WILL BE MORE FIGHTS
IN COURT? ONE STEP AT A TIME
AND ONE DAY AT A TIME.
Reporter: DID YOU THINK THIS
MOMENT WOULD COME?
I'VE BEEN WAITING.
Reporter: DID YOU THINK IT
WOULD HAPPEN?
YEAH, BUT IT WOULD TAKE TIME.
Reporter: WHAT WOULD YOU BE
THE TAKE LIKE THE PEOPLE OF
NORTH CAROLINA TO KNOW?
IT HAS BEEN HARD AND IT HAS
BEEN ROUGH.
YEAH.
THERE ARE A LOT MORE OUT THERE
LIKE THAT.
Reporter: WHAT IS THE FIRST
THING YOU ARE GOING TO DO NOW
THAT YOU ARE FREE?
EMPLOYED TO SEE MY
GRANDBABY. Reporter: [
INAUDIBLE QUESTION ].
PORKCHOPS SOUND GOOD.
Reporter: WE HAVE FOLLOWED
THIS THING WITH ALL OF THE
APPEALS AND THE STATE SUPREME
COURT. THE FIRST REAL TRACTION
CAME WHEN THE NC CENTER FOR
INSTANCE GOT INVOLVED.
WHAT DID YOU SEE THAT MADE YOU
TAKE THIS CASE?
YOU KNOW, THERE ARE A LOT OF
PEOPLE LOOKING AT THIS CASE
BEFORE WE BECAME INVOLVED.
WE WERE CONTACT BY PEOPLE
CONCERNED ABOUT THE CASE FROM
THIS COUNTY. WE WERE WAITING
FOR HIS APPEAL TO BE FINALIZED.
WHEN THE APPEAL CAME DOWN AND
THERE WAS STRONG DISSENT
REGARDING THE DNA, AND WE KNEW
THE IAN'S DID TAKE THE ISSUES
WITH THE STATE AND THE TIME IT
TOOK FOR THEM TO ADOPT CHANGES
THAT THE REST OF THE COUNTRY
WAS ADOPTING. IT WAS PRETTY
CLEAR THAT MARK DID NOT HAVE
ANY DEFENSE.
YOU LOOK AT THAT GIRL AND HOW
STRONG AND VIBRANT SHE WAS,
THOSE WERE THE WORDS THE JUDGE
USED IN HIS ORDERING.
YOU KNOW THAT THEY COULDN'T
HAVE DONE WHAT THE PROSECUTION
AND LAW ENFORCEMENT SAID THEY
DID.
Reporter: THE ORDER THAT LED
TO THIS RELEASE SAID THAT HE
WAS GOING TO BEGIN WORK ON THE
APPEAL TO UPHOLD THE
CONVICTION?
IS THERE A CHANCE?
I SAW HIM RUN OUT OF THE
COURTROOM AND HE COULDN'T WAIT
TO GET INTO THE -- IN FRONT OF
THE CAMERAS TO SAY HE WOULD
APPEAL. I WAS SURPRISED TO HEAR
THAT BUT AT THE SAME TIME IT
DOESN'T SURPRISE ME WITH WHAT
THE PROSECUTION HAS DONE SO FAR
.
WE SAW PROBLEMS WITH THE
CASE IN THE BEGINNING AND WE
THOUGHT THERE COULD HAVE BEEN
ACCIDENTAL TRANSFERENCE OF DNA.
THE MORE WE LOOKED AT IT, THE
MORE WE SAW THAT IT WAS ONE
PROBLEM WITH THE EVIDENCE AFTER
ANOTHER AND IT DOESN'T STOP
WITH THE DNA.
I MEAN, HE GOES ON TO THEM
SAYING SHE WAS WET AND SHE
WASN'T WET.
THERE IS NO EVIDENCE LEFT IN
THIS CASE.
ALL THE EVIDENCE THAT WAS USED,
THAT WAS FALSE EVIDENCE USED AT
TRIAL TO CONVICT HIM WAS
DECIMATED AND THERE'S NOTHING
LEFT.
Reporter: THE DNA WAS KEY IN
THIS.
IS THERE ENOUGH DNA LEFT THAT
IF THERE IS A RETRIAL THAT THEY
CAN TEST IT AND USE THE RESULTS
IN COURT?
THAT'S ONE OF MY CONCERNS
THAT THEY WOULD SAY THEY CANNOT
RETEST THE DNA BECAUSE THERE IS
NOTHING LEFT.
THERE IS WAY TO GET AROUND THAT.
THERE ARE PRIVATE LABS TO SHOW
THAT MARK'S DNA WAS THERE.
HE NEEDS TO BE SHOWN INNOCENT,
WE FIGHT IT ALL THE WAY THROUGH
THE GOVERNOR'S OFFICE.
AGAIN THE ATTENTION NEEDS TO
GET AWAY FROM MARK TO WHO IS
THE REAL MURDERER IN THIS CASE.
YOU WANTED TO SAY SOMETHING,
WHAT DID YOU WANT TO SAY?
I MEAN IT IS DIFFICULT TO
ACCEPT.
THEY DIDN'T WANT TO SHAKE OUR
HANDS OR TALK TO US.
THEY FEEL THAT WE ARE THE EVIL
ONES.
WE FEEL FOR HER.
IT BREAKS MY HEART WATCHING THE
FILMS OF HER AND HOW FULL HER
LIFE WAS. YOU KNOW, SOLVING HER
MURDER IS IMPORTANT FOR ROCK TO
TAKE MARK AND WE FEEL IT IS
IMPORTANT FOR THE FAMILY.
Reporter: FOR HER FAMILY?
WHAT COULD MAKE THIS RIGHT NOW?
THEY FELT THEY HAD A CONVICTION
AND WHAT COULD MAKE THIS RIGHT
FOR HER BROTHER AND FAMILY
MEMBERS?
THIS HAPPENS WITH VICTIMS'
FAMILIES IN WRONGFUL FOR
CONDITIONS -- CONVICTIONS.
THERE ARE ORGANIZATIONS TO
HELP.
HEALING JUSTICE WITH JENNIFER
JOHNSON WHO MISIDENTIFIED HER .
THERE IS A NONPROFIT TO REUNITE
AND BRING VICTIM FAMILIES AND
THE WRONGFULLY CONVICTED
TOGETHER SO THEY CAN BOTH HAVE
FEELING. WE HOPE THE FAMILY CAN
EVENTUALLY GET TO THAT POINT.
Reporter: AND WHAT YOU
REALLY WANTED WAS A FINDING OF
INNOCENCE WHICH THE JUDGE WOULD
NOT GIVE.
WHAT COULD THIS DID TAKE MAKE
THIS RIGHT FOR THE CARVER
FAMILY?
I THINK THE JUDGE WROTE A
STRONG OPINION AND YOU KNOW, IT
WAS RIGHT ON THE LINE OF
INNOCENCE. THERE IS NO EVIDENCE
LEFT.
I MEAN, THE PARDON, WE WILL
SEEK A PARDON THROUGH THE
GOVERNOR TO PROVE HIS
INNOCENCE.
BUT THEY NEED TO SEE THE
REALITY OF THE EVIDENCE AND
DISMISS THE CHARGES FIRST.
Reporter: NOT A COMPLETE WIN
, BUT HE IS STILL MONITORED
WITH GPS.
HE IS STILL AWAITING RETRIAL
AND THERE ARE RESTRICTIONS ON
WHAT HE CAN DO.
YOU KNOW, WE ARE ABLE, AND
THE DISTRICT ATTORNEY, FROM --
TO HIS CREDIT, CHANGED IT FROM
HOUSE ARREST TO GPS MONITORING.
HE WILL BE ABLE TO GO FISHING
AND HAVE MORE FREEDOM THAN
OTHERWISE.
IF YOU GO FROM BEING IN A PRISON
CELL TO THE SUNSHINE WITH YOUR
FAMILY, YOU ARE PRETTY
SATISFIED WITH THAT FOR QUITE A
WHILE. I THINK MARK WILL BE
HAPPY WITH WHAT HE HAS GOT
UNTIL WE CAN GET THE CHARGES
DISMISSED.
Reporter: DO YOU WANT TO GO
FISHING?
NOT RIGHT NOW.
BUT FOR THE PEOPLE THAT'S IN
THERE THAT I'VE DONE TIME WITH,
DON'T GIVE UP, KEEP FIGHTING
AND DON'T GIVE UP.
Reporter: WHY DO YOU SAY THAT
?
A LOT OF FOLKS BACK THERE
DESERVE TO BE THERE.
SOME DOES AND SOME DON'T.
YEAH.
Reporter: DO YOU MIND IF WE
SEE THE ANKLE MONITOR?
LIFT THAT UP. SO THAT'S WHAT
YOU ARE ATTACHED TO FOR THE
FORESEEABLE FUTURE UNTIL THE RE-
TILE OR UNTIL THE JUDGE SAYS --
RETRIAL OR UNTIL THE JUDGE SAYS
SOMETHING DIFFERENT? WHAT DO
YOU THINK?
IT'S ALL RIGHT WITH ME, I'VE
GOT NOTHING TO HIDE.
Reporter: IS THERE ANYTHING
ELSE YOU WANT TO SAY?
NO, THIS IS NOT AN ACCEPTABLE
-- EXCEPTIONAL SITUATION.
THIS KIND OF THING SHOULD NOT
TAKE PLACE.
AND MARK CARVER IS BEING
RELEASED AND SPEAKING OUT FOR
OTHERS WHO HAVE CASES SIMILAR
TO HIS WERE THEY BELIEVE THEY
ARE INNOCENT.
MARK CARVER WAS GIVEN A LIFE
SENTENCE AFTER BEING ACCUSED
OF KILLING A WOMAN WHOSE BODY
WAS FOUND ALONG THE BANKS OF
THE CATAWBA RIVER IN 2008.
MARK CARVER AND HIS COUSIN WERE
FISHING NEARBY AND BECAME
SUSPECTS IN THE CASE.
THE DNA EVIDENCE FOUND ON HER
CAR WAS DOUBTFUL AND THAT
BRINGS US TO WHERE WE ARE
TODAY.
WE REACHED OUT TO 'S FAMILY
. WE HAVEN'T HEARD BACK.
THE T-SHIRT HE PUT ON WAS THE
NORTH CAROLINA CENTER FOR
INNOCENCE. THAT'S THE FIRST