Defense attorney asks for evidence to be released for testing

Port Townsend man charged with first-degree assault

PORT TOWNSEND — The defense attorney for a Port Townsend man charged with first-degree assault with a deadly weapon wants the state to release nearly a dozen pieces of evidence so they can be tested by an expert.

Sam Feinson of Faber Feinson PLLC filed a motion in Jefferson County Superior Court to shorten the time for the state to respond based on a two-month estimate from KMS Forensics of Kirkland to finish its analysis once it receives the materials.

Kay Sweeney of KMS Forensics is the appointed forensic scientist in the case, according to court documents.

The motion, argued last Friday before Judge Keith Harper, was continued until 8:30 a.m. this Friday.

Casey Scott Carter, 25, of Port Townsend is accused of shooting at his mother from outside her van last June.

The bullet allegedly traveled through the back window and rear row of seats before it went through the driver’s seat and struck his mother in the shoulder.

The woman was only bruised because the bullet lost velocity, according to police records.

Feinson said he was concerned about the timing of the testing of evidence because Carter’s two-week trial is scheduled to begin March 16.

Carter’s trial has been continued or canceled four times since he was charged July 1. He remained in the Jefferson County Jail on Saturday in lieu of a $250,000 bond.

Feinson’s motion, filed Tuesday, said he did not get a response when he initially filed the request with Deputy Prosecuting Attorney Julie St. Marie.

“The most recent reply from the state was a request for me to explain the science behind why Mr. Sweeney had requested these items,” Feinson wrote in his motion. “I am unable to answer as I am not a scientist, and we are already on a tight time frame to be prepared for trial.

“Had I known the state would be so reticent, I would have scheduled the matter to be heard this coming Friday.”

Feinson said he asked the court to hear the matter on shortened time “so that the defense need not lose another week before the court can decide whether the items may be released to the expert.”

Eight of the 11 items are with the Port Townsend Police Department and three are being held by the Jefferson County Sheriff’s Office.

They include a .38 Special “Blazer” bullet, a Taurus revolver, two .38-caliber bullets found on Carter at the time of his arrest, foam that was taken from the seat of the van, glass found on the road at the crime scene and from the back window of the van, according to court records.

Other items include foam from a seat in the van after the bullet allegedly passed through, a backpack and an Xbox controller found on Carter, a black sweatshirt from the victim, a nylon revolver holster and a full metal jacket projectile.

“It is my understanding that Mr. Sweeney needs to review and inspect these items to complete a thorough report, comparing any materials embedded in the bullet to confirm the path and evaluate the possibility of ricochet,” Feinson said.

He also said the defense would ensure the chain of custody is preserved throughout the transportation and testing process.

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Jefferson County Managing Editor Brian McLean can be reached at 360-385-2335, ext. 6, or at bmclean@peninsuladailynews.com.