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Man ordered released on bail after decades on Utah’s death row after DNA tests show no match to him
Prosecutors said DNA from the crime scene excluded Carter, and the judge set bail as he awaits a possible retrial.
On Monday, a Utah judge ordered the release of Douglas Stewart Carter on bail after he spent 41 years on death row for the 1985 murder of Eva Olesen, following new DNA evidence excluding him as a match.
Carter was convicted in 1985 based on a confession he claimed was coerced and testimony from two witnesses who later recanted; the Utah Supreme Court ordered a new trial last year, citing multiple instances of intentional misconduct by police and prosecutors.
Prosecutors withdrew their notice to seek the death penalty last week after DNA analysis received Sept 22 excluded Carter as a match; Utah County prosecutor Erwin Petilos called the bail reassessment 'necessary and fair.'
During the bond hearing in 4th District Court on Monday, the judge imposed conditions including a GPS monitor; Theresa Olesen, Eva Olesen's daughter-in-law, stated her family has 'serious concerns' about his release pending retrial.
Attorney Neal Hamilton said Carter is released 'with 41 years of state-induced trauma,' as a two-month retrial is scheduled for 2027 while prosecutors continue evaluating remaining evidence in the case.