Douglas Stewart Carter, a 70-year-old man who endured decades on death row in Utah, has formally requested a judge to dismiss his aggravated murder case. This motion comes after the Utah Supreme Court mandated a new trial last year, citing significant misconduct by investigators that compromised the original proceedings.
Decades of Incarceration and a Contested Conviction
Carter was sentenced to death in 1985 following a jury conviction for the murder of Eva Olesen, the aunt of a former Provo police chief. Notably, no physical evidence connected him to the crime scene. The conviction relied heavily on a signed confession, which Carter has consistently argued was coerced, and testimony from two witnesses who claimed he boasted about the killing.
Allegations of Coercion and Misconduct
The witnesses, a couple residing in the United States without legal status, later recanted, alleging that police and prosecutors offered to pay their rent, coached them to provide false testimony in court, and threatened them and their son with deportation if they failed to implicate Carter. These revelations formed a critical part of the appeal that led to the conviction being overturned.
In 2022, Judge Derek Pullan reversed the conviction, a decision upheld by the Utah Supreme Court in May of last year. The court pointed to "numerous constitutional violations" that necessitated a retrial. Carter has remained incarcerated while awaiting this new trial, with a bond hearing scheduled for June.
Defense Arguments for Dismissal
"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," stated his defense team in the motion filed on Friday. They contend that the case should be dismissed outright rather than proceeding to retrial.
The defense motion further alleges that an investigator suppressed evidence pointing to other potential suspects, including the victim's husband, Orla Olesen. It claims prosecutors were close to filing charges against the husband, but a Provo police lieutenant intervened, requesting they hold off to allow continued investigation. Carter was subsequently identified as a suspect shortly thereafter.
Prosecution Stance and Missing Evidence
Prosecutors have maintained that Carter's case should not be dismissed and must proceed to retrial. However, in recent court filings, they acknowledged uncertainties regarding key evidence. They expressed doubt about whether the Provo Police Department still possesses the tape recording of Orla Olesen's polygraph test and confirmed the state no longer has any of the clothes seized from him during the original investigation.
The prosecution also noted a lack of information on other items that may have been taken as evidence from Orla Olesen. The Provo Police Department and the Utah County Attorney's Office did not respond to requests for comment on Friday regarding the allegations or the missing evidence. Prosecutors have not yet filed a formal response to the defense's dismissal motion.
Background of the Crime
Eva Olesen was found dead in her home in 1985 by her husband, Orla Olesen, who died in 2009. According to court documents, she was partially undressed, with her hands tied behind her back, having been stabbed ten times and shot in the back of the head. The brutal nature of the crime initially fueled the investigation that led to Carter's controversial conviction.
As the legal battle continues, the case highlights profound questions about judicial integrity, the treatment of witnesses, and the long-term consequences of investigative misconduct within the criminal justice system.
