Lost Evidence in 1988 Cold Case Leads to Withdrawn Charges

628879.jpg

Victim Byron Carr. Credit: Charlottetown Police Services

The Prince Edward Island Attorney General’s Office has withdrawn charges against Todd Joseph Gallant in the 1988 murder of Byron Carr after police lost a “substantial portion of physical evidence” in the case.

Gallant was arrested and charged with first degree murder in the cold case—which is a possible hate crime—in January 2024 after investigators used advanced DNA techniques and forensic genetic genealogy to identify him as the suspect. Now, however, Gallant has been released “as a result of the loss of extensive crucial evidence.”

Case background

On Nov. 11, 1988, 36-year-old Carr was murdered in his home in Charlottetown, Prince Edward’s Island. The teacher was strangled with a towel and stabbed multiple times. A message was written on the wall at the crime scene—“I will kill again.” Police have long said they believe Carr had consensual sex with a young man he brought home, and presumed that person was his killer. Not many people knew Carr was queer, it was a secret he kept that was only brought to light by his death.

In 2007, the Charlottetown Police reopened the case, working with Wyndham Forensics Group and Convergence Investigative Genetic Genealogy to apply advanced DNA testing techniques and forensic genetic genealogy. Over time, they were able to identify Gallant as the prime suspect, before arresting and charging him with first-degree murder on Jan. 25, 2024.

Then, in statement issued last week, the Prince Edward Island Attorney General’s Office said they are withdrawing all charges against Gallant “as a result of the loss of extensive crucial evidence.”

Lost evidence

At the July 2026 bail hearing, it was revealed that Gallant’s DNA was found on Carr’s body, on a pair of underwear left at the scene and on an extinguished cigarette butt placed in Carr’s navel. His DNA was not found on the towel, nor on a sock left at the crime scene that police said was likely used as a glove to prevent leaving fingerprints behind, according to CBC. However, the knife originally found at the scene and the towel used to strangle Carr are missing from evidence.

On Aug. 12, 2026, Charlottetown Police informed the Crown Attorneys’ Office that a substantial portion of the physical evidence in the case was lost.

The office directed police to undertake a comprehensive review to determine the full extent of the loss and the circumstances surrounding it. In addition to the lost knife and towel, the review noted “significant gaps in the identification, continuity and record-keeping of exhibits, raising serious concerns about the provenance and reliability of evidence that remains available.”

“In this case, the loss of crucial evidence, together with the issues identified concerning the remaining evidence, means that there is no longer a reasonable likelihood of conviction and that the prosecution can no longer proceed,” said the attorney general.

Independent review

On Tuesday, the minister of Justice and Public Safety announced it will appoint a third part to complete an independent review of the Carr murder investigation.

Charlottetown Mayor Philip Brown said the city welcomes and will fully cooperate with the review. He also thanked the Charlottetown Police for their “continued service and commitment to cooperating with the review and strengthening their processes.”

Interim Charlottetown Police Chief Darren MacDougall also released a statement recognizing the seriousness of the situation and how difficult and disappointing the outcome is for Carr’s family and the entire community. MacDougall also said personnel and operational policies have significantly changed since the case was first opened in 1988 and that “current evidence management systems, policies and procedures reflect the importance of safeguarding the integrity of evidence.”

 

Previous news coverage:

Was it a Hate Crime? Genealogy Solves 1988 Murder that Left Community on Edge



Subscribe to our e-Newsletters
Stay up to date with the latest news, articles, and products for the lab. Plus, get special offers from Forensic – all delivered right to your inbox! Sign up now!

More News