Man who spent four decades on death row released on bail after new evidence emerges
A man who spent nearly 40 years on death row for a murder he has always denied committing has been released on bail following new analysis of DNA evidence.
Douglas Stewart Carter, 71, was convicted of killing Eva Olesen at her home in Provo, Utah, in 1985.
He was sentenced to death and spent decades in prison while repeatedly appealing his conviction.
A judge has now ordered Carter's release on bail while he awaits a new trial, Sky News reports.
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Carter was convicted of stabbing Olesen in the back, abdomen and neck before shooting her in the back of the head.
Prosecutors said the latest DNA analysis found that Carter was not a blood match for DNA found on a doorknob or genetic material recovered from the handle of the knife believed to have been used in the killing.
There was no physical evidence directly linking Carter to the crime scene, but his conviction instead relied heavily on a confession and testimony from two witnesses who alleged Carter had bragged about killing Olesen, who was the aunt of a police chief.
Both witnesses in question later changed their accounts.
Carter previously said his confession was coerced after police threatened him and, in 2011, the two witnesses were tracked down in Mexico and said they had been told to lie at his trial, claiming they had received cash and gifts from police.
They also alleged investigators threatened them and their son with deportation if they did not implicate Carter.
Last year, the Utah Supreme Court ordered a new trial, citing 'multiple instances of intentional misconduct' by investigators.
Judge Derek Pullan said the new DNA evidence further weakened the case against Carter, although he said a reasonable jury could still find him guilty.
Carter, who is required to wear a GPS monitor while on bail, will stay near the family of his son, Tyler Anger.
His son was adopted by another family as a baby and only learned about his father's conviction years later.
Carter's lawyer Neal Hamilton said he will need therapy after spending so long incarcerated.
"If the state of Utah had their way, he would have been executed 15, 20 years ago before we discovered the misconduct," Hamilton said, via Sky News.
Anger said his father's release will be a huge adjustment after four decades behind bars: "I want Doug to put his feet on the grass. He hasn't done that in 40 years."
Olesen's family has opposed Carter's release, with her daughter-in-law Theresa Olesen saying they had 'serious concerns' about him being freed.
"We were hoping for a concrete match," she said of the DNA analysis. "It doesn't mean he wasn't there.
"We just want justice for Eva. And if he had any part of it, we want that to be known."
Rhiannon Ingle