Utah judge grants bail to longtime death-row inmate after DNA excludes him

A Utah judge on Monday set bail for 71-year-old Douglas Stewart Carter, who had been on death row for more than three decades for the 1985 killing of Eva Olesen. Prosecutors presented newly analyzed DNA results that did not match Carter to blood on a doorknob or genetic material from a knife handle used in the murder.

Carter was originally convicted in 1985 on the basis of a confession he later said was coerced and testimony from two witnesses who later recanted, claiming they had been paid and threatened by police. The state Supreme Court ordered a new trial last year after finding multiple instances of intentional misconduct by investigators.

Judge Derek Pullan noted that while the DNA evidence further weakens the case, a jury could still find Carter guilty, and he imposed conditions including a GPS monitor and a ban on contact with Olesen’s family.

"It's not just as simple as, 'Let's let him go,'" defense attorney Neal Hamilton said, adding that Carter will need therapy to address the effects of his prolonged incarceration.

Prosecutor Erwin Petilos described the bail reassessment as “necessary and fair” as the state continues to review remaining evidence. The prosecutors did not indicate whether the DNA results will be used to search for other suspects.

Family members of the victim expressed concerns about Carter’s release. Theresa Olesen, a relative of Eva Olesen, said the family hopes for a concrete DNA match and wants any involvement by Carter to be fully investigated.

The case remains pending a retrial scheduled for 2027, after the county withdrew a notice that it intended to seek the death penalty.