Utah Prosecutors Drop Death Penalty Bid in Decades-Old Murder Case

Utah prosecutors announced they will not seek the death penalty in the upcoming retrial of Douglas Stewart Carter, a 71-year-old man who has spent decades on death row for a 1985 killing. Newly analyzed DNA evidence does not match Carter, who maintains his innocence.

Carter was sentenced to death in 1985 after a jury found him guilty of murdering Eva Olesen. The state Supreme Court last year ordered a new trial, citing misconduct by investigators. Carter remains in custody.

No physical evidence directly linked Carter to the crime scene, but the jury convicted him based on a signed confession and two witnesses who claimed he had bragged about the killing. Carter, who is Black, was convicted in the murder of Olesen, who was white.

New DNA Evidence and Legal Proceedings

Utah County Attorney Jeffrey Gray stated in a court filing that the state is withdrawing its earlier notice of intent to seek the death penalty. This decision follows the receipt of DNA analysis results on Tuesday, which excluded Carter as a match to blood found on a doorknob and material from a knife used in the stabbing and shooting of Olesen.

Gray indicated that the state plans to reevaluate its decision to proceed with the case. However, he cautioned that the new evidence "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.

A bond hearing was scheduled for Monday, where defense attorney Neal Hamilton expressed his expectation that Carter would be released pending an eight-week trial slated to begin next July. Hamilton urged prosecutors to dismiss the case, stating, "It's not time to try to save face and continue with a tainted prosecution. They know they don't have a case. The moral obligation is to dismiss."

Defense Claims and Witness Recantations

Carter has asserted that his confession was coerced. The two witnesses who testified that he bragged about the murder later recanted their statements, claiming that police and prosecutors had coached them to lie. They alleged that they were offered rent money and threatened with deportation for themselves and their son if they did not implicate Carter.

Carter's defense attorneys also contend that witnesses saw a white man fleeing the crime scene and that an investigator allegedly suppressed evidence pointing to other suspects, including Olesen's husband, Orla Olesen. According to defense documents, prosecutors were reportedly close to charging Orla Olesen, but a Provo police lieutenant asked them to hold off to continue his own investigation. Carter was identified as a suspect shortly thereafter.

Orla Olesen, who died in 2009, had previously told police that he discovered his wife dead in their home, partially undressed and with her hands tied behind her back.

Family's Response

Members of Eva Olesen's family had previously testified at a hearing last month, expressing concerns that Carter could pose a safety risk if released. In a statement released Thursday, the family said they "will not comment on the guilt or innocence of any individual" as prosecutors determine their next steps. The statement added that the "latest developments have raised difficult questions and once again left our family without the sense of resolution we had hoped for after so many years."