MISCONDUCT & 40 YEARS ON DEATH ROW
UTAH CONVICTION OVERTURNED !!!
HELLO TYLER ROBINSON

IN CASE YOU MISSED IT !!!
Former death row inmate receiving retrial denied bail, will remain in Utah County Jail | by Sorina Trauntvein | Sep 18, 2026 | ABC4 Utah/Nexstar Media Inc

PROVO, Utah (ABC4) — The former death row inmate receiving a retrial for the alleged murder of a Provo woman over 40 years ago will remain in jail, a judge ruled on Monday.

Now 71-year-old Douglas Stewart Carter was once convicted and placed on death row for the 1985 aggravated murder of Eva Olesen. After nearly 40 years on death row, that conviction was overturned, and his sentence was vacated. He was transferred from the Utah State Prison to the Utah County Jail.

Now, Carter is receiving a new trial, which has yet to be scheduled. During arguments on Aug. 26, attorneys discussed a motion on whether Carter could be granted bond for pretrial release. The judge issued a written ruling, denying bail, on Wednesday.

Road 2 Reentry wrote a letter of support to grant Carter release earlier this year. In that letter, Executive Director Thommy Purnell stated that Carter is now 71 and has spent the majority of his life incarcerated. He is now facing health struggles that could be better treated outside of jail.

“Given his age, his health vulnerabilities after decades of confinement, and the robust support network now in place, R2R respectfully urges this Court to grant Mr. Carter’s release under appropriate conditions so that he can prepare for any potential retrial while receiving care he needs in the community,” Purnell writes.

Ultimately, Judge Derek P. Pullan ruled that there was still substantial evidence to support the capital offense brought against Carter, and there is always a chance he could flee when released, meaning the court should continue to have him held in jail.

Case background
Police believe that while Eva Olesen was home alone on Feb. 27, 1985, Carter knocked on her front door. After answering, she received a phone call and left him on the doorstep with the door open. Police believe he chased her down, used the phone cord to bind her wrists, took a knife from the kitchen, and stabbed her multiple times. She was ultimately shot and killed through a pillow he placed over her face.

Her husband, Orla, discovered her body, and law enforcement said that Eva had been stabbed 10 times and shot in the back of the head. Eva and Orla Olesen were the aunt and uncle of then-Provo Police Chief Swen Nielsen.

During an interrogation, a witness named Epifanio Tovar told investigators that Carter confessed to murdering Eva Olesen and described how he had shot and stabbed her. Epifanio’s wife, Lucia, told police that she was with Epifanio and Carter that night, recalled the two laughing, and that Carter put his hands behind his back and touched wrists like they were bound.

The Spanish-speaking officer who interviewed the Tovars received an assignment from Pierpont, documents say. He was responsible for “taking care” of the Tovars before Carter’s trial. Over the next 8 months, Officer Mack provided money for rent, bills, and groceries so the Tovars wouldn’t leave town or return to Mexico before they could testify.

Carter was arrested in Nashville, TN, and extradited to Utah. The lead detective claimed that he confessed to the murder; however, this confession was not recorded, and instead, the detective just had Carter sign a written confession.

After a jury trial, Carter was convicted of Eva Olesen’s murder and placed on death row.

In 2011, the Tovars, key witnesses in the trial, provided sworn statements that contradicted and recanted their testimonies. Epifanio stated that the police threatened to deport him and his infant son and offered to pay for the family’s rent, phone, utility bills, and groceries.

After more than a decade of legal filings and hearings, in May 2025, the Utah Supreme Court issued an opinion on Carter’s case, stating that during his trial and resentencing, various “constitutional violations” occurred.

The Utah Supreme Court agreed that Carter’s conviction and sentence should be vacated and that he should receive a retrial, explaining that it is “rare to see a case” with multiple instances of intentional misconduct by a lead investigator and prosecutor.

SOURCE:
https://www.abc4.com/news/crime/douglas-carter-retrial-bond/

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WHY???
State Crime Lab test shows Douglas Carter's DNA isn't on murder scene evidence, defense says | by Amy Donaldson | July 31, 2026 | KSL Broadcasting Salt Lake City

PROVO — The capital murder case of Douglas Stewart Carter is the kind of case Neal Hamilton learned about in law school but hoped he'd never see in his career.

"They stole 42 years from Doug," he said, choking back apparent emotion. "And nobody is willing to do anything about it. That's the frustration."

Carter was convicted of aggravated murder and sentenced to die for killing 57-year-old Eva Olesen in 1985.

But a new report from the Utah State Crime lab indicates Carter's DNA isn't on the crime scene evidence they were able to test.

"This confirms what we've always known," Hamilton said. "Douglas Carter is innocent."

MORE AT:
https://www.ksl.com/article/51604582/state-crime-lab-test-shows-douglas-carters-dna-isnt-on-murder-scene-evidence-defense-says

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