Utah prosecutors are withdrawing their intention to seek the death penalty in the retrial of Douglas Stewart Carter, a 71-year-old man who spent decades on death row for the 1985 murder of Eva Olesen. Newly analyzed DNA evidence has shown that Carter is not a match for blood found on a doorknob and material on the handle of a knife used in the crime. Carter was convicted based on a signed confession and witness testimonies, despite no physical evidence linking him to the crime scene. The Utah Supreme Court ordered a new trial last year due to misconduct by investigators. Carter maintains his innocence and remains in custody.
Judge Derek Pullan has scheduled a bond hearing for Monday, where defense attorney Neal Hamilton anticipates Carter's release pending an eight-week trial set for next July. Hamilton criticized the prosecution's decision to continue, 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."
Utah County Attorney Jeffrey Gray confirmed in a court filing that the state is withdrawing its notice to seek the death penalty. He acknowledged the new DNA evidence but noted that it does not necessarily exonerate Carter. The handgun used in the murder has not been found, and Carter's confession remains a point of contention.
Family members of Olesen expressed concerns about Carter's potential release, stating he could pose a safety risk. They have refrained from commenting on his guilt or innocence while prosecutors determine their next steps. In a statement, they mentioned that the recent developments have raised difficult questions and left them without the resolution they had hoped for after many years.
Carter has alleged that his confession was coerced, and witnesses who claimed he bragged about the murder later stated that they were pressured by police and prosecutors. Defense attorneys argue that other suspects, including the victim's husband, were not adequately investigated, and they claim that evidence pointing to these suspects was suppressed by investigators.