Judge weighs bail for former death-row inmate ahead of scheduled new murder trial

Douglas Carter, 69, was convicted in 1985 of murdering Eva Olesen in Provo and spent almost 40 years on death row before the Utah Supreme Court flagged serious misconduct by two police officers and a prosecutor, leading to a new trial being granted. At a pre-trial hearing, Judge Derek Pullan heard arguments about whether Carter’s written confession should be presented to a jury and whether he should be allowed bail while awaiting trial on aggravated murder charges.

The judge limited his ruling to ordering Carter to provide a DNA sample, which will be collected from the inside of his cheek later this week. Members of the Olesen family, including son Gary and daughter-in-law Theresa, urged that Carter remain incarcerated, citing ongoing trauma. Conversely, Carter’s son Tyler Anger and daughter-in-law Melissa Anger pledged to support him if released and argued the confession was coerced.

Prosecutor Erwin Petilos maintained the confession’s reliability and opposed bail, while defense attorney Neal Hamilton highlighted police and prosecutorial misconduct and presented expert testimony questioning the physical evidence. Pullan, who will retire on Dec. 11, indicated the trial will be scheduled promptly, pending DNA results.