Utah judge orders release on bail for man after 41 years on death row

A Utah judge ordered Douglas Stewart Carter released on bail Monday after prosecutors said new DNA analysis excluded the 71-year-old from blood and genetic material found at the 1985 crime scene. Carter has spent 41 years on death row for the murder of Eva Olesen, aunt of the Provo police chief at the time.

The state Supreme Court ordered a new trial last year, citing investigator misconduct. Carter has long maintained his innocence and said his signed confession was coerced. No physical evidence ever linked him to the scene; the original conviction relied on the confession and two witnesses who later recanted.

“He's being released with 41 years of state-induced trauma and the effect it will have on him is very real.”

Judge Derek Pullan said the DNA results further undermined the case, though he noted a reasonable jury could still convict. Pullan ordered Carter to wear a GPS monitor and avoid contact with Olesen's family. Defense attorney Neal Hamilton said Carter will stay in extended accommodation near his son's family and will need therapy for "41 years of state-induced trauma."

Utah County prosecutor Erwin Petilos called the bail reassessment "necessary and fair" as the state reviews remaining evidence. Prosecutors withdrew their intent to seek the death penalty last week. A retrial had been scheduled for 2027.