Full Breakdown
Utah Drops Death-Penalty Pursuit in Douglas Stewart Carter Retrial After DNA Mismatch
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Retrial Decision and DNA Findings
Utah prosecutors announced they are withdrawing a prior notice that they would seek the death penalty in the upcoming retrial of Douglas Stewart Carter, a 71-year-old Black man who has spent decades on death row for the 1985 murder of Eva Olesen. New DNA analysis of blood on a doorknob and material on a knife handle used in the killing did not match Carter, prompting the state to reconsider its case. The prosecution noted that the DNA results “do not necessarily exonerate Carter,” but they do undermine the basis for a capital-punishment request.
Background of the 1985 Murder Case
Carter was convicted in 1985 after a jury accepted a signed confession and testimony from two witnesses who claimed he bragged about the killing. No physical evidence linked him to the scene at the time. The Utah Supreme Court ordered a new trial last year, citing investigative misconduct. The handgun used in the shooting has never been recovered, and the victim’s husband, Orla Olesen, was reportedly a suspect whose investigation was halted after a Provo police lieutenant intervened.
Official Statements & Responses
County Attorney Jeffrey Gray filed a court document stating the state will reexamine its decision to pursue the death penalty and that the DNA findings exclude Carter as a possible match to the forensic samples. Hamilton also emphasized the moral imperative to drop the tainted prosecution.
Legal Arguments and Defense Claims
Carter’s lawyers contend his confession was coerced and that the two witness testimonies were obtained through alleged rent payments, coaching, and threats of deportation. They further allege that investigators suppressed evidence pointing to other suspects, including the victim’s husband.
Verbatim Quotes
- “It's not time to try to save face and continue with a tainted prosecution,” — Neal Hamilton