A judge found her guilty of involuntary manslaughter in 2017, but suspended her sentence until her appeal was completed.
Immediately following the guilty verdict, Roy’s mother Lynn Roy filed a $4.2 million wrongful death lawsuit against her.
Now, Radar has exclusively confirmed that Carter’s legal team was stalling the proceedings.
The clerk of the court confirmed to Radar the existence of a “Status review notice returned, needs discovery” document from Jan. 16, 2019.
Carter's legal team noted, “Appeal of criminal case is still pending preventing defendant from making any statements,” providing an explanation why Carter could not participate in the proceedings until her appeal was decided.
A litigation control conference has been set for Feb. 26, 2019, the clerk confirmed to Radar.
Attorneys for Carter appeared at the Massachusetts State Supreme Court on October 4, 2018 to argue for her conviction to be overturned, the clerk of the court previously confirmed to Radar. The ruling was expected after 130 days.
During her trial, prosecutors presented the 20,000 text messages exchanged between Carter and Roy in the days, hours and minutes leading up to his suicide in a K-Mart parking lot in July 2014.
“You're so hesistant (sic) because you keep overthinking it and pushing it off. You just need to do it Conrad. The more you push it off, the more it will eat at you,” Carter texted to Roy on July 12, 2014 as he wavered in his decision to kill himself.
The same day, she sent him another text that said, “You're ready and prepared. All you have to do is turn the generator on and you be free and happy. No more pushing it off, no more waiting.”
On July 13, 2014, Roy committed suicide by poisoning himself with carbon monoxide fumes in his truck in Fairhaven, Massachusetts.
In their response to his mother Lynn Roy's lawsuit, Carter’s attorneys previously wrote: “She neither admits nor denies the accusations.”
The $4.2 million lawsuit detailed Carter’s actions, claiming she “inflicted severe personal injuries, great conscious pain and suffering of body and mind and ultimately death. Lynn also accused Carter of “gross negligence, and/or her willful, wanton and or reckless conduct after she encouraged Mr. Roy to kill himself.”
Conrad’s mother’s lawsuit claimed: “Miss Carter knew that Mr. Roy had a history of attempted suicides and was being treated for mental health issues including severe depression,” the documents filed in Dedham Superior Court obtained by Radar stated.
The mother’s argument continued: “During the months and weeks prior to his death, Conrad H. Roy III exchanged communication with the defendant, Michelle Carter, in which Ms. Carter encourage Mr. Roy to kill himself and chastise him for delaying the act.”
Carter’s lawyers argued in their response: “If, in fact, the defendant was negligent, the negligence of the Plaintiffs decedent was of a greater degree than that of the Defendant, whereby the Plaintiff is barred from recovery.”
Carter was only 17 at the time of Roy’s death and was sentenced to “2.5 years in the Bristol County House of correction, with 15 months to be served and the balance to spend it with probation for five years from August 3, 2017 to August 1, 2022,” court documents stated after her conviction.
Stay with Radar for updates to the story.
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