A Utah judge has ruled that 71-year-old Douglas Stewart Carter, who spent decades on death row for a 1985 murder, be released on bail. This decision comes after recent DNA evidence revealed no match to Carter, contradicting his conviction.
Case Background
In 1985, Carter was convicted of murdering Eva Olesen, the aunt of the Provo police chief, and sentenced to death. The conviction was primarily based on a signed confession, which Carter claims was coerced, and testimonies from two witnesses who later recanted. The state Supreme Court had previously ordered a retrial due to investigative misconduct.
New Evidence and Legal Developments
Judge Derek Pullan acknowledged that new DNA analysis further weakens the case against Carter. However, he noted that a jury might still find Carter guilty. As part of his release conditions, Carter will wear a GPS monitor and avoid contact with Olesen’s family. Defense attorney Neal Hamilton highlighted the trauma Carter faces due to his prolonged incarceration and indicated he would need therapy.
A retrial was initially scheduled for 2027, but prosecutors have withdrawn their pursuit of the death penalty. The latest DNA evidence excludes Carter from genetic material found at the crime scene, prompting discussions of reevaluating other evidence.
Confession Under Duress
Carter reported signing a confession after feeling threatened by police, believing it might save his friend, who was held simultaneously. Despite the confession, no physical evidence linked Carter to the crime scene. During his trial, his defense did not call any witnesses.
In 2011, the two key witnesses from his original trial revealed they were coerced by police into false testimonies with incentives of cash and gifts. Consequently, the Utah Supreme Court ordered a new trial citing various misconduct instances.
Other Suspects and Investigations
Carter’s defense has pointed to potential involvement from other suspects, including the victim’s husband, Orla Olesen, who was seen fleeing the scene. Olesen reported discovering his wife under violent circumstances at their home.
Theresa Olesen expressed concerns about Carter’s release, wishing for justice and further investigations to continue.
The court proceedings remain ongoing, as authorities now consider the implications of the DNA results and Carter’s potential retrial.
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