Douglas Stewart Carter was released on bail in Utah on Monday, September 28, after spending 41 years in custody, as prosecutors prepare to retry a 1985 murder case reshaped by DNA testing and allegations of witness misconduct.
The Associated Press reported the release and case history. Fox News reported the new DNA findings, and the Deseret News covered the September 28 bail hearing.
What the DNA report found
A laboratory report dated September 22 excluded Carter from blood found on a doorknob and from DNA on the handle of a knife tied to the crime scene, according to the AP and Fox reports. Those exclusions are significant because the samples came from locations central to the prosecution’s theory.
They do not, by themselves, legally exonerate Carter or end the case. Prosecutors have not dismissed the murder charge, and a retrial is planned. That distinction is essential: Carter is now out of custody under bail conditions, but the criminal case remains pending.
Carter was convicted in the 1985 killing of 57-year-old Eva Olesen in Provo and was sentenced to death. The Utah Supreme Court later ordered a new trial after finding that material evidence about witness treatment and police conduct had not been properly disclosed.
Witness recantations and the new trial
Two key witnesses later recanted portions of their testimony and alleged that police had pressured them, offered benefits or made threats. The state’s highest court said those undisclosed circumstances undermined confidence in the original proceedings enough to require a retrial.
Prosecutors have withdrawn their notice seeking the death penalty. That change reduces the maximum punishment being pursued but does not resolve the underlying charge. Defense lawyers argue that the DNA results and witness recantations further weaken the state’s case.
The judge allowed Carter’s release with conditions that include GPS monitoring and restrictions on contact. Bail is not a finding of innocence; it permits a defendant to remain outside jail while the case moves forward under court supervision.
What happens next
The next major steps will include pretrial litigation over the DNA evidence, witness testimony and what evidence from the original prosecution may be used. A retrial date and any further motions will shape whether the case reaches a new jury or is resolved another way.
Because the evidence and legal posture have changed over decades, future coverage should distinguish among three separate events: the original conviction being set aside, Carter’s release on bail and any final disposition of the murder charge. Only the last will determine whether the case ends in acquittal, dismissal, plea or conviction.
AskNovus will update the report when a court issues a new ruling or prosecutors make a formal charging decision. Follow the Crime & Courts section for verified developments. For another recent court-related report, see our coverage of the Minnesota voting indictments.
Featured image: Sasun Bughdaryan/Unsplash. The gavel photograph is illustrative.