After a nearly decade-long collaboration, the Boston College Innocence Program and the Committee for Public Counsel Services Innocence Program, on February 4, won freedom for their client James Carver. Carver had served more than 35 years in prison following his arson and murder convictions in connection with a 1984 fire in Beverly that claimed 15 lives.
A week-long evidentiary hearing was held last spring. Then, in December, Essex Superior Court Judge Jeffrey Karp granted the motion filed by BCIP and CPCS to vacate Carver’s convictions, ruling that the prosecution’s evidence was undermined by scientific advancements in the fields of fire investigation and eyewitness identification.
The judge’s subsequent February order granted Carver’s release over the objection of the Essex County District Attorney’s office, which sought to have him held without bail pending their efforts to appeal Judge Karp’s order vacating his convictions.
During his incarceration, Carver suffered numerous debilitating medical conditions and is now confined to a wheelchair. (Judge Karp commented in court that Carver appeared to have aged beyond his 61 years.) Carver also suffered emotional losses. Both of his parents and one of his brothers died while he was in prison.
The day of his release, however, Carver wept tears of joy as he embraced his daughter Kaitlyn, who was an infant when her father was arrested, his 13-year-old grandson, his younger brother, and other family members who traveled to court to support him and welcome him home. He exited the Lawrence courthouse to the cheers of his CPCS and BCIP legal team.
Among them were BCIP Director Sharon Beckman and CPCS Director Lisa Kavanaugh, who oversee their innocence programs’ efforts. Over the years, the Carver case team of more than two dozen assisted BCIP Senior Staff Attorney Charlotte Whitmore and Kavanaugh in investigating and litigating Carver’s innocence case and creating a re-entry plan for his transition to life outside prison walls.
“It was incredible … to watch Mr. Carver tearfully and joyfully welcomed by his family, particularly his grandson, who had never before embraced his grandfather as a free man.”
Charlotte Whitmore, BCIP senior staff attorney
Whitmore and Kavanaugh, who have been involved in many exonerations, spoke of Carver’s case as “one of the most complex, tragic, and gratifying cases” they have ever worked on. Whitmore described how “incredible” it was for her to “watch Mr. Carver tearfully and joyfully welcomed by his family, particularly his grandson, who had never before embraced his grandfather as a free man.” Kavanaugh said that it was her “great honor to stand at James’s side with Charlotte as the judge granted him his freedom and reunited him with his family after more than 35 years.”
Samantha Schatten ’26 and Frank Ricciardone ’26 were among the BCIP Clinic students who welcomed Carver to freedom. They had met with him in prison and helped research and draft the motion that secured his release. Ricciardone described Carver’s fight to prove his innocence over so many years and his love for his family as “truly inspirational.” Schatten added that “seeing Mr. Carver and his family reunite on the Lawrence Superior Court steps was an unforgettable moment. I am so grateful and proud to be part of his legal team.”
Former BCIP students Anthony Kim ’24 and Sophia Westphal ’24 assisted Whitmore in presenting the compelling eyewitness identification and fire science expert testimony during the week-long evidentiary hearing last spring. They described their clinic experience as “thrilling” and “surreal.” Kim explained: “I not only had the chance to work with a terrific legal team but I also got to know Mr. Carver. Visiting him in prison was heartbreaking, but also powerfully motivating.”
Another former BCIP student, Jamie Ehrlich ’23, now an associate at Holland & Knight, provided litigation support to the legal team during the evidentiary hearing. “As a law student, I was honored to help in Mr. Carver’s quest for justice, and it was important to me to continue this work as a lawyer,” she said. “It breaks my heart that Mr. Carver lost so many years with his family and friends while wrongfully convicted, but I am overjoyed that he finally has found some measure of justice.”
The interdisciplinary team also included CPCS Investigator Robert Selevitch; CPCS Social Service Advocate Kristin Dame; and BC School of Social Work graduate students Paige Knoblock, Emily Gabriels, and Kate Ziegelstein. Luke Trinka, then a masters candidate in BC’s Graduate School of Theology and Ministry, and Massachusetts Exoneree Network Social Service Advocate Shar’ Day Taylor were also invaluable. The social work team worked closely with Carver and his family to locate housing and medical support for him and to put in place plans to support his transition from prison to freedom.
Kavanaugh noted that “James’s justice journey is not over,” but said she is “grateful that he can begin rebuilding his life and community while we continue fighting together on his behalf.”
Professor Beckman and Whitmore agree: “We are honored to continue our collaboration with CPCS representing Mr. Carver in his quest for justice.”