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Utah Death Row Inmate Seeks Case Dismissal After Misconduct Uncovered

Longtime Death Row Inmate Seeks Case Dismissal After New Trial Ordered

A man who has spent over 40 years on death row in Utah is now seeking to have his case dismissed, a year after the state Supreme Court called for a retrial due to investigative misconduct. Douglas Stewart Carter, aged 70, was originally sentenced to death in 1985 for the murder of Eva Olesen.

Carter was convicted largely based on a signed confession and testimonies from two witnesses, despite the absence of physical evidence linking him to the crime. He has maintained that his confession was coerced, and the witnesses, an undocumented couple, later claimed they were manipulated and threatened by authorities to testify against Carter.

In 2022, Judge Derek Pullan overturned Carter’s conviction, a decision supported by the Utah Supreme Court, citing “numerous constitutional violations.” Carter’s defense team filed a motion on Friday, asserting, “Douglas Carter spent over 40 years on death row for a crime which he, and the evidence, says he did not commit. Legally, enough is enough.” A bond hearing is scheduled for June while he remains imprisoned.

Prosecutors, however, continue to challenge the dismissal of the case. Defense attorneys allege that investigators suppressed evidence that could have pointed to other suspects, including the victim’s husband, Orla Olesen. They claim that there were initial considerations to charge Orla, but the investigation was redirected towards Carter by a Provo police lieutenant.

Orla Olesen, who passed away in 2009, reported finding his wife deceased, with indications of a violent death, including multiple stab wounds and a gunshot to the head. Recent court filings reveal uncertainties regarding the availability of a polygraph test taken by Orla and the absence of clothing evidence seized during the investigation.

The Provo Police Department and the Utah County Attorney’s Office have not commented on these developments, and prosecutors have yet to respond to the latest motion.