More than a year after being sentenced to life in prison, Michael Allan Carbo Jr. is appealing for a third trial in the 1986 killing of Nancy Daugherty in Chisholm.
He was sentenced last October following a successful appeal for a new trial in 2024 following his 2020 arrest in the former cold case.
The Minnesota Court of Appeals, in June, allowed Carbo to seek post-conviction relief and ask for a new trial after a juror misrepresented a 2016 driving while impaired arrest during interviews.
A virtual hearing is scheduled for Oct. 27 through the Sixth District Court in Virginia with Judge Robert C. Friday.
The petition, filed in July, outlines the case and response a juror — identified only as a female with the initials “T.M.” — gave during the questionnaire and interview process.
Chang Y. Lau, an appellate public defender for the state, wrote Carbo’s attorney could have had the juror removed knowing that information.
“Had T.M. been removed from Carbo’s jury, the jury composition would have been different, and Carbo would be entitled to a new trial,” Lau wrote.
Christopher Florey, the assistant attorney in St. Louis County prosecuting the case, agreed that the juror deserved examination and did not object to a hearing, but said “opposes the request for post-conviction relief in all other respects.”
What Friday has to consider during next week’s hearing is whether the nondisclosure of a misdemeanor DWI impacted Carbo’s right to a fair trial.
This is not the first appeal Carbo has brought in the case.
He was originally found guilty in August 2022 and sentenced by Friday in September of that year. But the Minnesota Supreme Court ordered a new trial following a successful appeal that Friday did not allow an alternative perpetrator defense.
Friday presided over the 2025 trial that again led to his conviction, after rejecting a motion to dismiss the jury’s findings weeks before he was given a life sentence.
Carbo filed an intent to appeal his latest conviction in January of this year. No briefs or arguments have been filed with the court, and the appeal process was stayed to accommodate the post-conviction relief hearing.
Despite the conviction, Carbo has maintained since his 2020 arrest that he did not kill Daugherty at Chisholm home more than 40 years ago.
He told the court at his sentencing hearing last year that “You got the wrong person,” I’m innocent of this charge. I did not kill Ms. Daugherty.”
