Douglas Carter released from jail after judge grants bail

Originally Published: 30 SEP 26 13:57 ET

By Ben Winslow

Click here for updates on this story

    PROVO, Utah (KSTU) -- Former death row inmate Douglas Stewart Carter was released from jail on Monday after a judge granted him bail as Utah County prosecutors weigh a retrial in light of newly discovered DNA evidence that does not place Carter at the scene of the murder he has been accused of committing.

Carter left jail at 7:45 p.m. with a smile while partially covering his face before getting into an awaiting vehicle. After some of his belongings were packed up, the vehicle drove off as he continued to smile in the front seat.

On Monday, Carter sat quietly in court as his lawyer and a prosecutor discussed conditions of bail, should he be released.

"There were DNA results that did not include the defendant, so at this point the state is reassessing the remaining evidence in the case," said deputy Utah County Attorney Erwin Petilos. "With that in mind, the state believed a reassessment of the bail was necessary and fair."

Carter, was ordered to wear a GPS monitor and will leave jail and stay at a location near his son's home.

Neal Hamilton, Carter's defense attorney, told the Associated Press that his client will need therapy to deal with his extended incarceration.

“It's not just as simple as, ‘Let’s let him go,'" Hamilton said. “He's being released with 41 years of state-induced trauma and the effect it will have on him is very real.”

Last week, the Utah County Attorney's Office abruptly announced it had withdrawn its intent to seek the death penalty for Carter in his retrial in the 1985 murder of Eva Olesen. It was based on the DNA evidence.

"Eva’s blood is on the blade and on the handle there’s two profiles. One of the profiles is Eva. So we are confident the killer stabbed her, cut himself, and left his blood behind," Hamilton told reporters outside court before the ruling. "That’s not Doug. None of it Doug. We all know Doug didn’t do this. It’s what he’s been telling everyone for 40 years."

Carter had been on death row for more than 40 years when his aggravated murder conviction was overturned over accusations that Provo police mishandled the case and bribed and threatened witnesses. Carter's lawyers have also argued that his own confession to the murder was coerced. The Utah Supreme Court ordered a new trial, and Utah County prosecutors were gearing up to try Carter again.

During Monday's hearing, Hamilton agreed that should Carter be released, he would have no contact with the Olesen family.

But the Olesen family does not want him released. They submitted numerous statements to 4th District Court Judge Derek Pullan asking for Carter to remain in custody.

"The current findings do not exonerate Carter," Theresa Olesen, Eva's daughter-in-law, told the judge.

She argued a jury heard the evidence and rendered its verdict.

"I understand where we are here, and it’s disheartening. Because while in 2026 DNA is very critical and we have videos and all these things and, by golly, we were hoping for concrete match. But that doesn’t mean he wasn’t there," she said. "But I'm not an expert on that. What I am is an expert on my feelings, and it’s very hard to hear things being said, especially by people who weren’t there and don’t know what they’re talking about."

She expressed concerns about TikTok videos posted by a relative of Carter's about the case, which Judge Pullan said could be alleged to be indirect contact. Hamilton said those videos would stop if Carter is released.

Utah County prosecutors have until November to decide whether to continue to pursue a new trial against Carter. Hamilton said outside of court he wanted the case thrown out.

"We want it yesterday. Because until that happens, Doug is still being held captive by this. This is still hanging over his head; it’s guiding and directing his life," he said.

If the prosecution dismisses the case, Hamilton said he would pursue a factual innocence petition, which allows a wrongfully convicted person to receive some financial compensation from the state.

Please note: This story was provided to CNN Wire by an affiliate and does not contain original CNN reporting. This content carries a strict local market embargo. If you share the same market as the contributor of this article, you may not use it on any platform.

The-CNN-Wire
™ & © 2026 Cable News Network, Inc., a Warner Bros. Discovery Company. All rights reserved.