A Utah judge has ordered the release on bail of Douglas Stewart Carter, a 71-year-old man who has spent decades on death row for a 1985 murder. This decision comes after newly analyzed DNA evidence did not match him, despite objections from the victim’s family.
Carter was sentenced to death for the murder of Eva Olesen, an aunt of the Provo police chief at the time. The state Supreme Court ordered a retrial last year, citing investigator misconduct. Carter has always maintained his innocence, insisting his confession was coerced.
There was no physical evidence tying Carter to the murder scene. His conviction relied heavily on his confession and testimonies from two witnesses who later recanted. These witnesses claimed they were coerced by the police to lie in his trial.
Judge’s Conditions
Judge Derek Pullan emphasized that the new DNA evidence weakened the case against Carter. However, he noted that a reasonable jury might still find him guilty. As part of his release conditions, Carter must wear a GPS monitor and avoid contact with Olesen’s family.
Defense attorney Neal Hamilton mentioned that Carter will reside in an extended-stay accommodation near his son’s family, emphasizing that Carter will seek therapy to address trauma from years of state-induced incarceration.
Carter’s defense highlighted ongoing trauma: “It’s not just as simple as, ‘Let’s let him go.’ He’s being released with 41 years of state-induced trauma,” Hamilton noted.
DNA Evidence and Prosecution’s Next Steps
Utah County prosecutors had previously considered re-seeking the death penalty in a scheduled 2027 retrial. However, they retracted this after new DNA results arrived on September 22, confirming Carter’s DNA did not match evidence from the crime scene.
Hamilton confirmed that the DNA found was checked against the FBI’s database, with Carter being listed since 1995, yet no matches were found. Prosecutor Erwin Petilos acknowledged the need to re-evaluate Carter’s bail, as additional evidence continues to be examined.
Carter’s History and Past Convictions
At the time of Olesen’s murder on February 27, 1985, Carter lived with his mother in Utah. Investigations soon focused on him, suspecting a robbery-motivated murder. Carter fled Utah in April upon suspecting he was linked to another assault case, later being apprehended in Tennessee and signing a confession under police pressure.
In 2011, turning points emerged when original trial witnesses were located. They confessed to being bribed and threatened by the police and prosecutors to lie in court. These revelations paved the way for a retrial ordered by the Utah Supreme Court due to misconduct.
Victim’s Husband as Potential Suspect
Defense attorneys pointed fingers at other potential suspects, including the victim’s husband, Orla Olesen. Evidence suggested police might have initially targeted him, but prosecution was postponed for further investigation. He discovered his wife dead, with signs suggesting a violent assault.
Victim’s Family Seeks Closure
During Carter’s bond hearing, Theresa Olesen, a relative of the victim, expressed concerns about his release and stressed the family’s desire for justice. “We just want justice for Eva,” Olesen said, remaining skeptical about the investigation’s findings.
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