Utah Man Freed After Decades on Death Row as DNA Excludes Him from 1985 Killing

A Utah man has been released on bail after spending decades on death row for the 1985 killing of Eva Olesen, the aunt of a police chief. Prosecutors stated that newly analyzed DNA evidence excluded Douglas Stewart Carter, 71, as the source of DNA found on critical evidence in the case.

Carter was released late Monday over objections from the victim's family, and he must wear a GPS monitor while awaiting a new trial. Olesen was found tied up, stabbed, and shot in her Provo home on February 27, 1985, in what investigators believed was a robbery. A judge has ordered Carter to have no contact with Olesen's family.

The Utah Supreme Court had ordered a new trial last year, citing misconduct by investigators. Carter has consistently maintained his innocence, arguing that he was coerced into a confession.

Historically, no physical evidence directly linked Carter to the crime scene. His conviction relied on his confession and the testimony of two witnesses who claimed he had bragged about the killing. These witnesses later recanted their statements.

New DNA Evidence and Previous Issues

A DNA analysis received on September 22 excluded Carter as a match to blood found on a doorknob and genetic material from the handle of a knife used in the stabbing. Judge Derek Pullan acknowledged that these findings further weakened the case against Carter, though he noted a jury could still reach a verdict.

Carter's son, Tyler Anger, expressed the significance of the release, stating, "This is going to be a lot for him." Carter will reside near his son and will require therapy to address the effects of his lengthy incarceration, according to his attorney, Neal Hamilton. Hamilton criticized the state, saying, "If the state of Utah had their way, he would have been executed 15, 20 years ago before we discovered the misconduct." Hamilton has urged prosecutors to dismiss the pending aggravated murder charge.

Carter was living with his mother in Utah at the time of Olesen's murder. He fled the state in April 1985, fearing he was a suspect in an unrelated assault case. He was apprehended two months later in Nashville, where he provided a confession to a Provo detective.

Carter later claimed the confession was coerced, stating he falsely admitted guilt after repeated police threats. He was convicted and sentenced to death. His defense team called no witnesses during the initial trial. After a 1992 retrial, he was again sentenced to death, and subsequent appeals were denied.

In 2011, the two witnesses from the original trial were located in Mexico. They admitted to being instructed to lie in court and receiving money and gifts from police in exchange for implicating Carter. They also stated that police and prosecutors threatened them and their son with deportation if they did not cooperate.

Legal Battles and Defense Claims

Following these revelations, years of legal proceedings ensued. The Utah Supreme Court intervened last year, ordering a new trial due to "multiple instances of intentional misconduct" by law enforcement and a prosecutor. The recent DNA analysis was conducted in response to this order.

Prosecutors have not indicated whether they will use the DNA evidence to search for other potential suspects. Carter's attorneys have pointed out that witnesses reported seeing a White man fleeing the crime scene and that an investigator allegedly suppressed evidence that could have implicated other individuals, including the victim's husband, Orla Olesen, who died in 2009.

During the bond hearing, Theresa Olesen, a daughter-in-law of Eva Olesen, expressed the family's concerns about Carter's release, stating, "It doesn't mean he wasn't there." She emphasized the family's desire for justice for Eva, adding, "And if he had any part of it we want that to be known."

A retrial was scheduled for next year, but county prosecutors withdrew a notice to pursue the death penalty last week. Utah County prosecutor Erwin Petilos told the judge that reassessing Carter's bail was "necessary and fair" as the investigation continues.