Decades-Long Death Row Case in Utah Faces New Legal Challenges
In Provo, Utah, a significant legal battle is unfolding as Douglas Stewart Carter, a 70-year-old man who has spent over 40 years on death row, seeks to have his aggravated murder case dismissed. This comes after the Utah Supreme Court ordered a retrial last year, citing investigator misconduct as the basis for the decision.
Carter was originally sentenced to death in 1985 following a conviction for the murder of Eva Olesen, related to a former Provo police chief. Despite the absence of physical evidence linking him to the crime, Carter, a Black man, was convicted based on a signed confession and testimonies from two witnesses who claimed he had boasted about the murder of Olesen, a white woman.
Contentions have arisen regarding the validity of Carter’s confession, which he claims was coerced. The witnesses, who were living in the U.S. without legal status, later recanted, alleging that police and prosecutors coerced them by offering financial incentives and threatening deportation unless they implicated Carter.
Judge Derek Pullan overturned the conviction in 2022, a decision subsequently upheld by the Utah Supreme Court in May. They cited “numerous constitutional violations” as grounds for a retrial. Carter remains in custody as he awaits the new trial, with a bond hearing scheduled for June.
In a recent motion, Carter’s defense team stated, “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.” Despite these claims, prosecutors argue that the case against Carter should proceed.
Defense attorneys have introduced claims that investigators withheld evidence implicating other suspects, including the victim’s husband, Orla Olesen. Allegations suggest that prosecutors nearly charged the husband, but a Provo police lieutenant influenced the decision to continue the investigation, ultimately identifying Carter as a suspect.
The Provo Police Department and the Utah County Attorney’s Office have yet to comment publicly on these developments. As of now, prosecutors have not filed a response to the latest defense motion.
Orla Olesen, who passed away in 2009, had informed police that he discovered his wife deceased in their home, in a state of partial undress, with her hands bound. She had suffered ten stab wounds and a gunshot to the back of the head, according to court records.
Prosecutors have recently indicated uncertainty about the existence of a tape recording of Orla Olesen’s polygraph test. Additionally, they stated that clothing taken from him during the investigation is no longer available, and they lack information on other potential evidence related to him.
