Utah judge orders man who spent decades on death row released after DNA tests show no match to him

A 71-year-old man who was convicted of killing a police chief's aunt and spent decades on death row is being released Monday after prosecutors said newly analyzed DNA evidence doesn't link him to the crime.

A Utah judge ordered Douglas Stewart Carter let out on bail late Monday over objections from the victim's family. Carter will be required to wear a GPS monitor while he awaits a new trial in the 1985 killing of Eva Olesen.

The state Supreme Court ordered a new trial last year, citing misconduct by investigators. Carter has maintained his innocence and says a signed confession was coerced.

No physical evidence linked him to the crime scene, but the jury convicted Carter, a Black man, based on the confession and the testimony of two witnesses who said he bragged about killing Olesen, who was white. Those witnesses later recanted.

A DNA analysis received Sept. 22 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 a reasonable jury still could conclude that he killed Olesen.

Prosecutors are reconsidering the case

Pullan also ordered Carter to avoid contact with Olesen's family. Defense attorney Neal Hamilton said Carter was expected to be fitted with the GPS monitor and released Monday night.

“If the state of Utah had their way he would have been executed 15, 20 years ago before we discovered the misconduct,” Hamilton said after learning of the judge's order. He urged prosecutors to seek dismissal of an aggravated murder charge still pending against Carter.

Carter will be placed in an extended stay hotel near the family of his son, who was adopted by another family as an infant and didn’t learn about the conviction until years later, Hamilton said. Carter also will need therapy to deal with his extended incarceration, the attorney said.

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 Monday that reassessing Carter’s bail was “necessary and fair” as the state continues to look at the remaining evidence in the case.

Carter, a Chicago native, had been living with his mother in Utah at the time of Olesen’s killing on Feb. 27, 1985. Court documents indicate the investigation eventually focused on Carter, who was suspected of killing Olesen during a robbery.

By that April, Carter had fled Utah believing he was a suspect in an unrelated assault case, according to court documents. He was apprehended that June in Nashville, Tennessee, where he signed a confession while under interrogation by a Provo detective.

Carter said later that he falsely confessed after police repeatedly threatened him. He was convicted and sentenced to death after a trial in which the defense called no witnesses. He was again sentenced to death after a 1992 retrial, and courts in Utah rejected numerous appeals from Carter in subsequent years.

Key witnesses say police gave them cash and gifts

A turning point came in 2011, when the two witnesses from Carter's original trial were tracked down in Mexico. They said they had been told to lie in court and had received cash and gifts from police, who told them not to disclose the payments. They also said police and prosecutors threatened them and their son with deportation if they did not implicate Carter.

More than a decade of legal wrangling followed before the Utah Supreme Court last year ordered a new trial, citing “multiple instances of intentional misconduct” by police and a prosecutor. A DNA analysis of the evidence was conducted in response to that order, and prosecutors said the results arrived last week. They declined Monday to say whether they're using the DNA evidence to search for other suspects with matching DNA.

Carter has been in the Utah County jail while awaiting trial.

Victim's husband was potential suspect

Carter's defense attorneys have said witnesses saw a white man fleeing the crime scene and an investigator suppressed evidence pointing to other suspects, including the victim’s husband, Orla Olesen.