Utah Prosecutors Drop Death Penalty in 1985 Murder Case After New DNA Evidence
New DNA analysis excludes Douglas Stewart Carter, who has spent decades on death row, from evidence found at the crime scene.
Utah prosecutors announced they will no longer seek the death penalty for Douglas Stewart Carter, 71, in the retrial for a 1985 murder. This decision follows the receipt of new DNA evidence that excludes Carter as a match to biological material found at the crime scene.
Carter was convicted in 1985 of murdering Eva Olesen and sentenced to death. The Utah Supreme Court ordered a new trial last year, citing misconduct by investigators. Carter has consistently maintained his innocence.
Initially, Carter’s conviction was based on a signed confession and testimony from two witnesses who claimed he had bragged about the killing. No physical evidence directly linked him to the crime scene. However, the witnesses later recanted their statements, alleging police and prosecutors coerced their testimony by offering financial incentives and threatening deportation.
Attorneys for Carter also contend that other witnesses saw a white man fleeing the scene and that investigators suppressed evidence pointing to alternative suspects, including Olesen’s husband, Orla Olesen, who died in 2009. According to defense documents, investigators were close to charging Orla Olesen, but a police lieutenant allegedly intervened to continue his own investigation, which soon focused on Carter.
On Wednesday, Utah County Attorney Jeffrey Gray stated in a court filing that the state was withdrawing its notice to seek the death penalty. He noted that the DNA analysis, received Tuesday, excluded Carter as a match to blood found on a doorknob and material from a knife handle. However, Gray also stated that the new evidence "does not necessarily exonerate Carter of the murder," citing the undiscovered handgun used in the shooting and Carter's original confession.
A bond hearing is scheduled for Monday, where defense attorneys expect Carter to be released pending his trial, which is slated to begin next July. Carter's attorney, Neal Hamilton, argued that continuing the prosecution would be an attempt to "save face" given the lack of a strong case.
Family members of Eva Olesen had previously expressed concerns about Carter’s potential release, citing safety risks. In a statement released Thursday, the family acknowledged the difficult questions raised by the latest developments and noted the continued lack of resolution after many years, but declined further comment on the case's specifics.