Douglas Stewart Carter walked out of a Utah County jail on Monday evening after a judge granted him bail, ending more than four decades of incarceration for the former death row inmate. The release comes as prosecutors in Utah weigh whether to pursue a retrial in the 1985 murder case that led to his conviction.
Carter left the facility at 7:45 p.m., partially covering his face while smiling, before entering a waiting vehicle where his belongings had been packed. His release follows a court hearing on Monday where defense attorney Neal Hamilton and prosecutors discussed the conditions of his freedom.
DNA Evidence Prompts Bail Decision
The decision to grant bail hinges on newly discovered DNA evidence that does not place Carter at the scene of the crime. Deputy Utah County Attorney Erwin Petilos told the court that the state is reassessing the remaining evidence because recent DNA results did not include the defendant.
“There were DNA results that did not include the defendant, so at this point the state is reassessing the remaining evidence in the case,” Petilos said.
The Utah County Attorney’s Office withdrew its intent to seek the death penalty for Carter last week, citing the new DNA findings. Hamilton argued that none of the blood evidence found on the murder weapon belongs to Carter. He noted that Eva Olesen’s blood was found on the blade, and two profiles were on the handle, one of which belonged to Olesen.
Carter had been on death row for more than 40 years after his aggravated murder conviction was overturned. The Utah Supreme Court ordered a new trial following accusations that Provo police mishandled the case and bribed or threatened witnesses. Carter’s legal team has long argued that his confession to the murder was coerced.
Conditions of Release
Judge Derek Pullan of the 4th District Court ordered Carter to wear a GPS monitor upon release. Hamilton stated that Carter will stay at a location near his son’s home. The defense attorney also agreed that Carter would have no contact with the Olesen family.
The Olesen family submitted statements to Judge Pullan asking for Carter to remain in custody. Theresa Olesen, Eva’s daughter-in-law, told the judge that current findings do not exonerate Carter. She expressed concerns about TikTok videos posted by a relative of Carter’s regarding the case, which Judge Pullan noted could be alleged as indirect contact.
Hamilton assured the court that the TikTok videos would stop if Carter is released. He emphasized the toll the long incarceration has taken on his client.
“He’s being released with 41 years of state-induced trauma and the effect it will have on him is very real,” Hamilton said.
Next Steps in Legal Proceedings
Utah County prosecutors have until November to decide whether to pursue a new trial against Carter. Hamilton stated that he wants the case thrown out entirely. If the prosecution dismisses the charges, Hamilton plans to pursue a factual innocence petition for financial compensation.
Carter sat quietly in court on Monday while his lawyer and a prosecutor discussed bail conditions. The release marks a significant shift in a case that has spanned decades, with new forensic evidence challenging the basis of the original conviction.