Utah Judge Orders Douglas Carter Released From Death Row

A Utah judge ordered the release of Douglas Stewart Carter, 71, after new DNA analysis excluded him as a match to genetic material tied to a 1985 killing, ending his more than four-decade stretch on death row, according to The Guardian.

What did the judge order Monday?

Judge Derek Pullan approved Carter's release on bail late Monday from the Utah county jail. Carter must wear a GPS monitoring device while he awaits a new trial. The judge said the DNA results further undermined the state's case but stopped short of dismissing the charges, saying a reasonable jury could still conclude Carter killed the victim, the Guardian reported.

What did the new DNA testing show?

A DNA analysis received September 22 excluded Carter as a possible source of blood found on a doorknob and of genetic material recovered from the handle of a knife used to stab Eva Olesen, the victim, who was also shot, according to the Guardian's account of the results. No physical evidence had linked Carter to the crime scene at the time of either of his two trials.

What was the original case against Carter?

Carter was convicted in 1985 of killing Olesen, the aunt of a former Provo police chief. The conviction rested on a signed confession and the testimony of two witnesses who later recanted, the Guardian reported. Carter has maintained he was coerced into signing the confession. He was tried a second time in 1992, convicted again, and sentenced to death.

Why did the state supreme court order a new trial?

Utah's supreme court ordered a new trial for Carter last year, citing misconduct by investigators in the case, according to the Guardian. That ruling set up the retesting of physical evidence that produced the September 22 DNA results now cited by Judge Pullan.

What happens next in the case?

Carter's attorney, Neal Hamilton, said in a statement to KSL, Salt Lake City's NBC affiliate, that he is urging prosecutors to reconsider the case in light of the DNA findings. "We are profoundly grateful to see Doug finally go home, but we are also heartbroken by the theft of his life," Hamilton said, according to the Guardian's report of the KSL statement. "When Doug was arrested, he was a bright young man standing on the cusp of his future. He leaves custody a 71-year-old man hoping to enjoy what remains of the twilight years of his life."

Carter remains under GPS monitoring while the new trial ordered by the state supreme court proceeds. No trial date was reported in the Guardian's account.

Data box

• 1985: Year of Eva Olesen's killing and Carter's first conviction.
• 1992: Year of Carter's second trial and conviction, resulting in a death sentence.
• September 22, 2026: Date DNA analysis excluding Carter from doorknob blood and knife-handle genetic material was received.
• 40+ years: Approximate length of time Carter spent on death row before Monday's release.