DNA Excludes Death Row Inmate
Utah Judge Grants Bail to Death Row Inmate After New DNA Evidence
Anonymous
A Utah judge ordered 71-year-old Douglas Stewart Carter released on bail while he awaits a new trial in the 1985 killing of Eva Olesen, for which he spent decades on death row. Newly analyzed DNA from the crime scene excluded Carter as a possible match, further weakening a case built on a confession he says was coerced and testimony from two witnesses who later recanted. The Utah Supreme Court ordered a new trial last year, citing misconduct by investigators; prosecutors have also withdrawn their notice seeking the death penalty. Carter must wear a GPS monitor and avoid Olesen’s family, while prosecutors continue reviewing the case and a retrial is scheduled for 2027. His lawyer says Carter will receive counseling and stay near his son’s family as he adjusts to life after 41 years in prison.
Key Points
1
The DNA testing excluded Carter from two specific pieces of evidence: blood found on a doorknob and genetic material recovered from the handle of the knife used to stab Olesen, who was also shot.
2
Despite finding that the DNA results further weakened the case, Judge Derek Pullan said a reasonable jury could still conclude Carter was responsible for Olesen’s murder.
3
The two witnesses who later recanted alleged that police told them to lie, paid them in cash and gifts, and threatened deportation for them and their son if they implicated Carter.
4
Olesen was the aunt of Provo’s police chief at the time of the killing. Carter’s first trial resulted in a death sentence, and a 1992 retrial also ended with a death sentence.
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