Admissibility of DNA evidence to be challenged in Byron Carr murder case

The lawyer representing Todd Joseph Gallant says he intends to challenge the admissibility of DNA evidence that police have called key to laying charges in the killing of Byron Carr 36 years ago. 

Gallant was arrested earlier this year, with Charlottetown Police saying DNA evidence collected at the crime scene in 1988 pointed to him. He has been charged with first-degree murder and interfering with human remains.

"We're going to bring an application to exclude some evidence, and that's connected to the DNA," Montigny told CBC News after a court appearance at the Supreme Court of Prince Edward Island on Tuesday.

Carr, 36, was teaching English at Montague Regional High School at the time of his death. He was strangled with a towel in his Charlottetown home in the early morning hours of Nov. 11, 1988, and his body was eventually discovered with multiple stab wounds. 

Investigators have long said they believe Carr had consensual sex with a young man he brought home, and presumed that person was his killer.

Police re-opened the case in 2007, hoping advancements in DNA technology would give way to new leads, particularly on biological evidence gathered from underwear found at Carr's home.

That DNA sample was used to create a genetic profile, and then genetic genealogy was used to match DNA from the crime scene to Gallant, who had left P.E.I. shortly after Carr's murder and returned to the province in 2022.

"[The evidentiary motion is] really just to see if the search and seizure was lawful or not," Montigny said. "Parties have agreed that it makes sense to do this first as opposed to waiting closer to the trial date."

Gallant was not in court Tuesday, but both Montigny and Crown attorney Chris White told the court in Charlottetown that they have been meeting in a series of pre-trial conferences that will continue next week.

Montigny said arguing the DNA evidence's admissibility is procedural in a case like this.

"Sometimes we disagree about that, and that is what the judges are there for, to help sort some of those things out."

Gallant has already opted for his case to go to trial before a jury. If the DNA evidence is thrown out, that means it would never be presented to the jurors who will determine Gallant's guilt or innocence.

Dates for that trial have not been set.

Gallant's next scheduled court appearance is Feb 11. He will remain in custody until then.