Release of Douglas Stewart Carter After Decades on Death Row

A 71-year-old man, who had been on death row for the murder of a police chief’s aunt, was released on Monday after prosecutors indicated that new DNA evidence does not connect him to the crime.

A judge in Utah ordered the release of Douglas Stewart Carter, despite opposition from the victim’s relatives.

As he awaits a new trial regarding the 1985 murder of Eva Olesen, Carter will be required to wear a GPS monitor.

The state Supreme Court had mandated a new trial last year due to misconduct by investigators. Throughout his incarceration, Carter has insisted on his innocence, arguing that his confession was obtained under duress.

No physical evidence tied him to the crime scene. Nonetheless, he was convicted based largely on his confession and two witnesses who initially claimed he bragged about the killing. Those witnesses later recanted their testimonies.

A recent DNA analysis, completed on September 22, eliminated Carter as a possible match for blood found on a doorknob and genetic material retrieved from a knife that was used in the crime.

Judge Derek Pullan stated that these findings further weakened the prosecution’s case against Carter. However, he noted that a jury could still reasonably conclude that Carter was involved in Olesen’s death.

Prosecutors Reassessing the Case

Carter exited the jail wearing a white shirt and gray sweatpants, with his eyeglasses hanging from his neck, as his son pushed a cart bearing his belongings. At times, Carter smiled while trying to cover his face with papers, avoiding questions from reporters. He got into a car with his son and defense attorney, adhering to a court order prohibiting contact with Olesen’s family.

His son, Tyler Anger, expressed that this change would be a lot for Carter to handle, mentioning that Carter would be staying at an extended-stay hotel nearby. Anger, who was adopted and only later learned of Carter’s conviction, feels this release comes with its own emotional challenges. Carter will also require therapy to cope with his lengthy imprisonment.

According to Carter’s attorney, Neal Hamilton, if had the state of Utah had its way, Carter would have been executed years ago before the misconduct came to light. He urged the prosecutors to dismiss the aggravated murder charge currently pending.

A retrial is expected to take place next year, but just last week, county prosecutors retracted their intent to pursue the death penalty.

Utah County prosecutor Erwin Petilos argued that reviewing Carter’s bail was both necessary and fair as they continue to evaluate the evidence linked to the case.

Carter, originally from Chicago, was living with his mother in Utah when Olesen was murdered on February 27, 1985. Documents indicate that investigators focused on Carter as the suspect in the case, believing he had killed Olesen during a robbery.

In April of that year, Carter fled Utah, fearing he was being pursued for another assault case, only to be caught in June in Nashville, Tennessee, where he signed a confession after prolonged interrogation.

Later, he claimed this confession was false, extracted through threats. Following a trial in which his defense did not call any witnesses, he was sentenced to death. A retrial in 1992 reaffirmed the same sentence, and subsequent appeals were mostly denied.

Witnesses Allege Police Misconduct

A pivotal moment occurred in 2011 when the two key witnesses from Carter’s trial were located in Mexico. They claimed they had been encouraged to lie in court and received financial incentives from police, who allegedly warned them against divulging these payments. They also stated that police and prosecutors had intimidated them into implicating Carter.

After considerable legal battles, the Utah Supreme Court ordered a new trial last year due to “multiple instances of intentional misconduct” by law enforcement and a prosecutor. DNA evidence was subsequently analyzed, and prosecutors indicated they received the results last week, though they did not confirm if they were looking for other suspects.

The Investigation’s Focus Shifts

Carter’s defense lawyers have pointed out that witnesses had seen a white man fleeing the crime scene and allege that the investigation overlooked evidence pointing towards other potential suspects, including Olesen’s husband, Orla Olesen. They contend that prosecutors were close to charging him but were advised against it by a Provo police lieutenant who wished to keep the investigation open. Shortly thereafter, Carter became the main suspect.

Orla Olesen, who passed away in 2009, reported finding his wife dead in their home, in a compromising position with her hands tied.

Eva Olesen’s daughter-in-law, Theresa, expressed serious concerns regarding Carter’s release during the bond hearing, voicing a desire for justice and clarity surrounding the case. She noted she was hoping for a definitive DNA match to confirm involvement, stating, “It doesn’t mean he wasn’t there.” She emphasized her family’s determination to seek justice for Eva.