A 71-year-old man who was convicted of killing a police chief's aunt and spent decades on death row was 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 is 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.
Carter was released late Monday and ordered not to have any contact with Olesen's family.
“If the state of Utah had their way, he would have been executed 15, 20 years ago before we discovered the misconduct,” defense attorney Neal 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, Tyler Anger, 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.
“This is going to be a lot for him,” Anger said as he waited outside the Utah County jail, where Carter was held. “I want Doug to put his feet on the grass. He hasn't done that in 40 years.”
A two-month retrial was planned next year, but last week 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, was living with his mother in Utah when Olesen was killed 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.
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'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.
They allege that prosecutors were close to filing charges against the husband, but a Provo police lieutenant asked them not to so he could continue investigating. Carter was identified as a suspect soon after, according to court documents.
Orla Olesen, a painting contractor who died in 2009, told police he found his wife dead in their home, partially undressed and with her hands tied behind her back.
Theresa Olesen, a daughter-in-law of Eva Olesen, said during Monday's bond hearing that her family had "serious concerns" about Carter's release.
“By golly we were hoping for a concrete match,” Olesen said of the DNA analysis. “It doesn't mean he wasn't there."
“We just want justice for Eva. And if he had any part of it we want that to be known,” she added. ___ Associated Press photographer George Frey in Provo, Utah, contributed to this report.
