Douglas Stewart Carter, a 71-year-old man who spent 41 years on death row for a murder he has always said he did not commit, walked out of a Utah jail on September 28, 2026, after new DNA testing excluded him from crucial crime-scene evidence. A judge ordered his release on bail as he awaits a new trial, and prosecutors have withdrawn their pursuit of the death penalty.
41 Years on Death Row for a 1985 Murder
Carter was 29 when he was arrested and eventually sentenced to death for the murder of Eva Olesen, a 53-year-old teacher whose body was found in her Provo home on February 27, 1985. She had been stabbed and shot, with her hands reportedly tied behind her. Olesen was also the aunt of Provo's police chief at the time, making the killing particularly significant to the local police department.
Carter was arrested several months later in Nashville, Tennessee, after leaving Utah. Investigators obtained a confession from him, which became a major part of the prosecution's case. Carter has consistently said the confession was false and that he signed it after being subjected to threats and pressure during questioning. There was no physical evidence originally tying him to the crime scene.
Witnesses Recant and Misconduct Found
Prosecutors relied heavily on Carter's confession and testimony from two witnesses, Epifanio and Maria Tovar, who said Carter had made statements implicating himself in Olesen's killing. Years later, the Tovars changed their accounts, telling investigators that police had pressured them to implicate Carter and had threatened them with deportation and separation from their son. Court findings also determined that police provided them with financial assistance and that they were instructed to lie about receiving it.
In 2025, the Utah Supreme Court ordered a new trial after finding that serious misconduct by police officers and a prosecutor had violated Carter's constitutional rights. The court found that favourable evidence had been suppressed and that false testimony had not been corrected during the original proceedings.
New DNA Testing Excludes Carter
New DNA testing conducted in September 2026 excluded Carter from genetic material found on important pieces of evidence from the crime scene, including blood found on a doorknob and genetic material recovered from the handle of the knife used in the killing. The results did not identify who was responsible for Olesen's murder, but they provided evidence that Carter was not the source of the tested material.
Following the DNA results, prosecutors withdrew their previous notice seeking the death penalty in Carter's planned retrial. The aggravated-murder charge, however, remains pending, meaning Carter has not been formally exonerated and could still face trial again.
Release on Bail and Next Steps
Carter's release came despite objections from Olesen's family, who continue to question his innocence and want the killing properly resolved. Judge Derek Pullan nevertheless ordered Carter released on bail, saying the new DNA evidence further weakened the case against him, while stopping short of determining that no reasonable jury could ultimately convict him.
After 41 years behind bars, Carter walked out of the Utah County Jail with his son and legal team. His son, Tyler Anger, was adopted by another family as an infant and only learned years later about his father's imprisonment. He is now helping Carter adjust to life outside prison after more than four decades in custody.
Carter must wear a GPS monitor and avoid contact with Olesen's family while he awaits his new trial, which is expected in 2027. His attorneys are pushing for the aggravated-murder charge to be dismissed altogether, arguing that the DNA evidence, the recantations by key witnesses and the findings of police and prosecutorial misconduct have fundamentally undermined the case. After spending most of his adult life behind bars, Carter now faces a different challenge: rebuilding a life at 71 while still fighting to clear his name.
