A Utah man who has spent more than four decades on death row was released from jail after newly analyzed DNA evidence showed that he was not connected to a 1985 homicide. Douglas Stewart Carter, now 71, walked out of the Utah county jail late on Monday night after a judge ordered his release on bail. He will have to wear a GPS monitoring device until a new trial begins.
In 1985, Carter was convicted of killing Eva Olesen, the aunt of a former Provo police chief. No physical evidence linked him to the crime scene. Instead, he was convicted based on the confession and the testimony of two witnesses who later recanted their story.
Though Carter also signed a confession, he has maintained his innocence and said he was coerced into signing it. Carter was tried again for the killing in 1992 but was again found guilty and sentenced to death. The state supreme court ordered a new trial last year, citing misconduct by investigators.
A DNA analysis received on 22 September excluded Carter as a possible match to blood found on a doorknob and genetic material recovered from the handle of a knife used to stab Olesen, who was also shot. Judge Derek Pullan said those results further undermined the case against Carter, but said a reasonable jury still could conclude that he killed Olesen. Carter’s attorney Neal Hamilton said he was glad his client was off death row but was troubled by the amount of time he spent incarcerated.
He leaves custody a 71-year-old man hoping to enjoy what remains of the twilight years of his life.” Hamilton is also urging prosecutors to seek dismissal of an aggravated murder charge still pending against Carter. Pullan had scheduled a two-month retrial for 2027, but last week Utah county prosecutors withdrew a notice that they intended to seek the death penalty. Utah county prosecutor Erwin Petilos told the judge that reassessing Carter’s bail was “necessary and fair” as the state continues to look at the remaining evidence in the case.
Theresa Olesen, a daughter-in-law of Eva Olesen, said during Monday’s bond hearing that her family had “serious concerns” about Carter’s release. We just want justice for Eva. And if he had any part of it we want that to be known.”
Extract — continue reading at the source.
