Prosecutors Drop Death Penalty Bid After DNA Excludes Man Held for Decades

Prosecutors in Utah have abandoned their plan to seek the death penalty in the retrial of Douglas Stewart Carter, a 71-year-old man who has spent decades on death row for a 1985 murder. The decision comes after newly analyzed DNA evidence excluded Carter as the source of biological material found at the crime scene.

Carter was convicted in 1985 for the killing of Eva Olesen, the aunt of a former Provo police chief, and sentenced to death. The state Supreme Court had ordered a new trial last year, citing prosecutorial misconduct. Carter has maintained his innocence throughout his incarceration.

At the time of his conviction, the prosecution's case relied on a signed confession and the testimony of two witnesses who claimed Carter had bragged about the murder. No physical evidence directly linked Carter to the crime scene. Carter's defense attorneys have argued that his confession was coerced and that the witnesses later recanted their statements, alleging they were coached by police and threatened with deportation.

DNA analysis conducted on blood found on a doorknob and material from the handle of the knife used in the stabbing and shooting of Olesen excluded Carter as a match. Utah County Attorney Jeffrey Gray stated in a court filing that the state is withdrawing its notice to seek the death penalty. Gray indicated that the state is reevaluating its decision to proceed with the case but noted that the new DNA results "does not necessarily exonerate Carter of the murder," pointing to Carter's confession and the fact that the handgun used in the crime was never recovered.

Carter's attorney, Neal Hamilton, has called for the charges to be dismissed entirely, arguing that the prosecution no longer has a viable case. He expects Carter to be released pending the eight-week trial scheduled to begin next July.

Defense attorneys have also raised questions about the initial investigation, alleging that witnesses saw a white man fleeing the scene and that evidence pointing to other suspects, including Olesen's husband, Orla Olesen, was suppressed. Orla Olesen, who died in 2009, had been the one to report finding his wife's body in their home. Prosecutors had reportedly been close to charging Orla Olesen before focusing on Douglas Carter.