Former death row inmate asks Utah judge to dismiss murder case slated for retrial

PROVO, Utah (AP) — A man who spent decades on death row in Utah asked a judge Friday to throw out his aggravated murder case after the state Supreme Court last year ordered a new trial due to misconduct by investigators.

Douglas Stewart Carter, 70, was sentenced to death in 1985 after a jury found him guilty of murdering Eva Olesen, the aunt of a former Provo police chief. No physical evidence linked him to the crime scene, but the jury convicted Carter, a Black man, based on a signed confession and two witnesses who said he had bragged about killing Olesen, a white woman.

Carter argued his confession was coerced. The witnesses — a couple living in the U.S. without legal status — said years later that police and prosecutors offered to pay their rent, coached them to lie in court and threatened them and their son with deportation if they did not implicate Carter.

Judge Derek Pullan reversed the conviction in 2022, and the Utah Supreme Court affirmed that ruling last May, saying “numerous constitutional violations” merited a retrial. Carter has remained in prison while awaiting that trial. The judge scheduled a bond hearing for June.

“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,” his defense team said in a motion filed Friday.

Prosecutors have maintained that Carter’s case should not be dismissed.

Defense attorneys argue in the new motion that an investigator suppressed evidence pointing to other suspects, including the victim’s husband, Orla Olesen. The motion alleges prosecutors were close to filing charges against the husband, but a Provo police lieutenant asked them not to so he could continue investigating. Carter was identified as a suspect soon after, the document alleges.

The Provo Police Department and prosecutors with the Utah County Attorney’s Office did not respond Friday to email and phone messages seeking comment. Prosecutors have not yet filed a response to the motion.

Orla Olesen, who died in 2009, had told police he found his wife dead in their home, partially undressed and with her hands tied behind her back. She had been stabbed 10 times and shot in the back of the head, according to court documents.

Prosecutors said in court filings last week that they were not sure if Provo police still had the tape recording of Orla Olesen’s polygraph test. They also said they state does not have any of the clothes seized from him during the investigation. They did not have information on any other items of his that may have been taken as evidence.