New jury trial scheduled next summer for man whose death penalty sentence was overturned

KEY TAKEAWAYS

Douglas Carter's new trial for aggravated murder, a capital offense, is set for eight weeks beginning in July 2027.
His previous conviction for a 1985 killing was overturned due to police and prosecutorial misconduct.
Judge Derek Pullan recently denied his request for bail while awaiting trial.

PROVO — A man whose conviction and death-penalty sentence were overturned last year will face another trial for the same charges next summer.

Douglas Carter, 70, is charged with aggravated murder, a capital offense, and accused of killing Eva Olesen in her Provo home in 1985. Utah Supreme Court judges affirmed a district court decision from 4th District Judge Derek Pullan granting Carter a new trial on May 15, 2025, citing "intentional misconduct" from police officers and a prosecutor.

His eight-week jury trial was scheduled on Tuesday to begin on July 26, 2027 and run through Sept. 20.

Pullan is retiring before the end of this year, so although he scheduled the jury trial it will be held with a different judge.

Shortly before scheduling the trial was set, Pullan issued an order denying Carter's request to be allowed out on bail while awaiting his next trial. He found prosecutors presented substantial evidence to support the crime, including a confession from Carter to an officer, and that there are not release conditions that could mitigate the risk that Carter would flee.

The judge said there is evidence that could undermine the credibility of key witnesses and Carter's confession, but a jury should assess that.

"Facing the death penalty in a second trial at which a signed confession may be admitted into evidence, Carter has a strong incentive to flee the jurisdiction of the court," the judge said in the order. "The natural impulse for self-preservation from death is too deeply seeded in the human heart."

The order noted that in 1985 Carter fled to Tennessee to avoid an arrest for an unrelated assault.

Multiple members of Eva Olesen's family asked for Carter to be kept in custody at an August hearing.

Carter's next hearing is scheduled for Nov. 10.

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