A Utah judge on Monday, September 28, 2026, ordered the release of 71-year-old Douglas Stewart Carter on bail after he spent decades on death row. The decision follows the receipt of DNA analysis that excludes Carter as a match for genetic material found at the scene of a 1985 murder. Judge Derek Pullan ordered Carter to wear a GPS monitor and avoid contact with the victim's family as conditions of his release.
Carter was convicted and sentenced to death in 1985 for the murder of Eva Olesen in Provo, Utah. The victim was the aunt of the Provo police chief at the time. While Carter signed a confession during a 1985 interrogation in Nashville, Tennessee, he has maintained that the statement was coerced. The Utah Supreme Court ordered a new trial for Carter last year, citing "multiple instances of intentional misconduct" by police and a prosecutor.
The new DNA results, received on September 22, 2026, showed that Carter did not match blood found on a doorknob or genetic material on the handle of a knife used to stab Olesen. Additionally, two key witnesses from the original trial recanted their testimony in 2011. The witnesses, who were located in Mexico, stated that Provo police had paid them cash and gifts and threatened them with deportation. Utah County prosecutors recently withdrew their notice to seek the death penalty but have not dismissed the charges, with a retrial currently scheduled for 2027.
The concrete day-to-day change for Carter began on Monday with his release from the Utah County Jail. He is now required to wear a GPS tracking device. While he is no longer facing the death penalty, he remains under indictment for a 1985 murder. A two-month retrial is scheduled for 2027.
The case involves the Utah Supreme Court's finding of "intentional misconduct" by investigators and prosecutors. This finding led to the re-testing of evidence and the release of a death row inmate on bail. The case also highlights the impact of witness recantations involving allegations of police bribery and deportation threats. A two-month retrial is scheduled for 2027.