Murder Conviction Overturned for Mario Casciaro, Illinois Man Convicted of Killing Missing Teen

Mario Casciaro was convicted of killing 17-year-old Brian Carrick.

ByABC News
September 18, 2015, 1:34 PM

— -- The murder conviction of Mario Casciaro, an Illinois man who was sentenced to 26 years in prison for the death of a missing teen, has been overturned by the state’s appeals court.

A panel of judges with the Second District Appellate Court of Illinois ruled Thursday that prosecutors provided insufficient evidence to prove that Cascairo, now 32, had murdered 17-year-old Brian Carrick, saying "the evidence against defendant was so lacking and so improbable that 'it is simply unreasonable to sustain the finding of guilt beyond a reasonable doubt,'" and reversed the conviction.

ABC News and ABC's Chicago station WLS were there as Casciaro's attorney Kathleen Zellner, along with his parents and his oldest sister Julia Muell, called him today to deliver the good news.

"It's over, it's over," Zellner and Muell told him over the phone.

"That's great, best news I've heard in years," Casciaro said. "I’m still sitting in a room with bars so until I walk out the front door then it’s all over ... I have goosebumps."

Then later, at a news conference, Zellner told reporters that Casciaro's team was "obviously thrilled with the appellate court opinion."

"The court said the mystery of Brian Carrick’s disappearance has not been solved but there was not a shred of evidence against this defendant," Zellner continued.

"This is the best day of our lives," added Muell. "Although this nightmare is over for us it is not for the Carricks. They deserve to know what happened to their brother. We will continue to pray for them and hope that the authorities will continue to work on this case to get to the bottom of what really happened."

Mario Casciaro was convicted of murdering the missing teen, but can a key witness' recantation and new evidence blow the case wide open?
Mario Casciaro was convicted of murdering the missing teen, but can a key witness' recantation and new evidence blow the case wide open?

Zellner will now file a bond motion to have Casciaro released from prison immediately. The McHenry County state’s attorney’s office declined to comment to ABC News today about the ruling, but prosecutors could still file an appeal to have the ruling overturned.

Casciaro appealed his conviction after he was found guilty in 2013 of killing Carrick, whose body has never been found, and was sentenced to 26 years at Menard Correctional Center, Illinois’ largest maximum-security prison.

Carrick was last seen on Dec. 20, 2002, at Val’s Foods, a grocery store in the small town of Johnsburg, Illinois, co-owned by Casciaro’s father, where he and Casciaro both worked as stock boys.

Casciaro was twice tried in connection to Carrick’s death. Casciaro’s first trial in 2012, where prosecutors charged him with first-degree murder with intimidation and unlawful restraint, ended in a hung jury and was declared a mistrial, but when he was tried a second time in 2013, he was found guilty of first-degree murder with intimidation.

The prosecution’s star witness at both trials was Shane Lamb, a five-time convicted felon with a rap sheet that included an attempted murder charge he got when he was just 14.

Lamb had also worked as a stock boy with Carrick and Casciaro at Val’s Foods in 2002. For years, he denied to authorities knowing anything about Carrick’s disappearance, but when he faced 12 years in prison on cocaine charges in 2009, he made a deal with prosecutors.

In a 2010 meeting with prosecutors, Lamb told them that on the night Brian Carrick was last seen, Casciaro had asked Lamb to come to the store to scare Carrick into paying back drug debts he owed, according to videotape of Lamb's meeting with prosecutors obtained by ABC News. Prosecutors characterized Casciaro as a drug dealer and Lamb as his enforcer. Casciaro admitted that he used to smoke marijuana, but denied being a drug dealer and claimed he didn't know Lamb very well.

In an exclusive interview with ABC News’ “20/20” last October, Lamb recanted his testimony, saying he lied to prosecutors and lied under oath.

“All of it was false. Every single thing. ... The state’s attorney set it up,” Lamb told “20/20.” “Mario is in there for 26 years for something he didn’t do.”

Mario Casciaro says he is still interested in finding out what ever happened to Brian Carrick.
Mario Casciaro says he is still interested in finding out what ever happened to Brian Carrick.