Reginald Carr could get a new trial

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Reginald Carr could get a new trial

By Josh Witsman

WICHITA, Kansas -- Reginald Carr is one half of one of the city’s most notorious killing teams. Back in 2000, Reginald and his brother, Jonathon, killed five people. They now sit on death row for those crimes. But now Reginald Carr could be on his way to a new trial.

That new trial could come because Reginald Carr claims someone else helped his brother with the killings and the judge blocked him from telling that to a jury four years ago.

On December 15, 2000, northeast Wichita was the scene of a horrific quadruple killing. Four friends were sexually assaulted, shot in the head, and then run over. The Carr brothers were arrested, tried, convicted and sentenced for the killings.

Now, nearly six years later, Reginald could be on his way to a new trial.

"If the judge used the wrong standard, then Reginald Carr gets a new trial," said Dan Monnat, a Wichita attorney and KSN legal expert.

It all stems from the fact that Reginald Carr claims someone else helped his brother with the killings and he wanted to testify to the fact during his trial. But Judge Paul Clark would not allow it because, in layman’s terms, it was unfounded.

"I think most people think that it would be an unusual event for a trial judge to say the accused can’t put on their theory of defense but it happens all the time," said Monnat.

Now the United States Supreme Court is saying that shouldn’t be the case in Holmes versus South Carolina, where the trial court also excluded the defendant’s third-party guilt evidence. The high court ruled the defendant’s constitutional rights were violated.

Because of similar circumstances in the Carr brother’s case, the ruling could mean that the appellate court might throw out Carr’s conviction and order a new trial -- something his attorneys are planning to try for.

"There is the very real possibility that Reginald Carr may get a new trial based on the trial courts denying him the opportunity to present a meaningful defense of third party guilt," said Monnat.

Reginald Carr was also convicted of first-degree murder for killing 55-year old Ann Walenta.

If the appeals process granted Carr a new trial, it would be years before he would see the inside of the courtroom. However the Attorney General, as well as the District Attorney’s Office, say that the Supreme Court ruling will not affect this case.

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