Utah Death Row Inmate Released After DNA Evidence Excludes Him in 1985 Killing
A 71-year-old man who spent decades on Utah's death row was released on bail after newly analyzed DNA evidence did not link him to a 1985 killing.
A 71-year-old man who spent decades on Utah's death row walked out of jail late Monday after a judge ordered his release on bail, as he awaits a new trial in the 1985 killing of Eva Olesen.
Douglas Stewart Carter was convicted of murdering Olesen, the aunt of a police chief, but has long maintained his innocence. The state Supreme Court ordered a new trial last year, citing misconduct by investigators.
Prosecutors said newly analyzed DNA evidence does not connect Carter to the crime. A DNA analysis received on September 22 excluded him as a possible match to blood found on a doorknob and to genetic material recovered from the handle of a knife used to stab Olesen, who was also shot.
Judge Derek Pullan said the results further undermined the case against Carter, though he noted a reasonable jury could still conclude he killed Olesen. The judge ordered Carter released over objections from the victim's family and directed that he have no contact with them.
Carter is required to wear a GPS monitor while awaiting trial. He will stay in an extended-stay hotel near his son, Tyler Anger, according to his attorney Neal Hamilton. Anger was adopted by another family as an infant and did not learn about the conviction until years later. Hamilton said Carter will also need therapy to cope with his long incarceration.
No physical evidence linked Carter to the crime scene. He was convicted based on a signed confession and the testimony of two witnesses who said he bragged about killing Olesen. Carter said the confession was coerced, and the witnesses later recanted.
Carter, who is Black, was convicted by a jury in a case involving a white victim. His attorney urged prosecutors to drop the aggravated murder charge still pending against him.
"If the state of Utah had their way, he would have been executed 15, 20 years ago before we discovered the misconduct," Hamilton said.
Carter left the Utah County Jail in Spanish Fork wearing a white shirt and grey sweatpants, his eyeglasses hanging from his neck. His son pushed a cart carrying pillows, blankets and personal belongings beside him. Carter smiled at times and tried to shield his face behind papers. He did not speak to the journalists gathered outside and left in a vehicle with his son and defense attorney.