Carter is accused of killing Fairfield’s Katelyn Markham, his fiancée in 2011. In March of 2023, Carter was indicted by a Butler County grand jury on a single count of murder.
He is free after posting $1 million bond, and the four-week trial is scheduled to begin June 24 in Butler County Common Pleas Court.
Gmoser said the defense knows the names on the 54 subpoenas and “if you want to find those answers, go ask the defense. They have got all that information. I am not going to put it out there.”
Carter’s defense attorney, Chris Pagan, did not immediately respond with a request for comment.
Gmoser admitted using the number system for all witnesses who could be called at trial is unusual, but “it is unusual case.”
He said more subpoenas will be issued and in the same way.
“One way or another those witnesses will receive their subpoenas, whether it is via Paul Newton or them receiving it by another process, which I am not going to go into,” Gmoser said. “Right now I am making sure the subpoenas are issued so I have some protection with the issue of availability and appearance. That is why I am doing it now as opposed to May.”
Prosecutors have turned over hundreds of documents, reports, pictures, maps, cell phone and computer data, search manifests, witness statements and work product in the case from police and a private detective. Some of the evidence is 13 years old, while some was obtained as recently as last summer and fall.
Included in the latest discovery are photographs of Carter’,s fingerprints and handwriting and a BCI report from Markham’s Macbook, according to court records.
Carter’s defense team has yet to file a motion other than continuances in pretrial hearings and requests for discovery and a bill of particulars,.
In January after a status report hearing that didn’t happen in open court, Pagan said the defense would file no motions to suppress evidence.
Carter has not been in a courtroom since April, but he is wearing an ankle monitor and is supervised by pretrial services division.
Prosecutors have also requested a jury view of multiple locations.
The requested jury view spans Butler County to Indiana, where Markham’s body was found.
Prosecutors want the jury to go to Carter’s home at the time of the alleged offense on West Scioto Drive in Fairfield, Markham’s townhouse on Dorshire Drive in Fairfield, the location where Markham’s body was recovered on South Big Cedar Road in Franklin County, Indiana, and the Carter family farm on Kokomo Hill Road in Franklin County, Ind.
Markham, a free-spirited art student, was days away from her 22nd birthday when she vanished in August 2011 from her Fairfield townhouse. Her skeletal remains were found April 7, 2013, in a remote wooded area in Indiana about 30 miles from her home. Her death was ruled a homicide, but the cause of death has not been determined.
In March 2023 an 18-month investigation by the Butler County Prosecutor’s Office resulted in Carter’s arrest.
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