Utah Judge Grants Bail to Death Row Inmate After DNA Exclusion

Judge Derek Pullan on Monday ordered 71-year-old Douglas Stewart Carter released on bail while he awaits a new trial in the 1985 killing of Eva Olesen. Carter was sentenced to death in 1985 and again after a 1992 retrial. DNA analysis received Sept. 22, 2026 excluded him as the source of blood on a doorknob and genetic material on a knife handle; Olesen was stabbed and shot. The Utah Supreme Court ordered a new trial last year citing investigator misconduct. Prosecutors withdrew their death penalty notice last week. Conditions require a GPS monitor and no contact with Olesen’s family. A two-month retrial is set for 2027. Neal Hamilton said Carter is being released with 41 years of state-induced trauma and that if the state of Utah had their way he would have been executed 15 or 20 years ago before the misconduct was discovered. Erwin Petilos told the judge that reconsidering bail was necessary and fair. Theresa Olesen objected at the hearing, saying they were hoping for a concrete match, it does not mean he was not there, and they want justice for Eva. CONTESTED: No factual disputes found on the order, DNA exclusion, or conditions. Carter has said his Nashville confession was coerced; two witnesses later recanted. The case remains under review ahead of the 2027 retrial.