Man freed after decades on Utah's death row faces new challenges as legal fight continues

SALT LAKE CITY — Douglas Carter, who was released from prison after spending more than four decades on Utah's death row, is now adjusting to life outside prison walls while his attorneys continue their effort to clear his name.

The 71-year-old walked out of jail Monday after a judge ordered his release in the 1985 killing of Eva Olesen. The ruling followed recent DNA testing that did not match Carter, whose murder conviction had already been overturned.

But legal experts say the case is not over.

"They're not trying to kill an innocent man anymore, which is a relief, but they're still trying to convict an innocent man," said Neal Hamilton, Carter's attorney.

Carter spent 41 years incarcerated, much of that time on death row. He is now living with family as he navigates a world that has changed dramatically since he entered prison.

"He hasn't had rain fall in his face. He hasn't experienced the cold. He's been in a temperature-controlled environment for 41 years," Hamilton said.

Kristy Columbia, executive director of the Rocky Mountain Innocence Center, said people released after decades in prison often face significant challenges as they adjust to newfound freedom.

"When to go to sleep, when to wake up, what you can eat, when you can eat, who you can see, who you can call, when you can call them, those are all choices that have been made for them," Columbia said. "All of those little decisions that we always make day after day are hitting them all at one time, and that can be extremely impactful and overwhelming."

Technology can be another hurdle, especially for people incarcerated before the internet became part of everyday life.

"Someone who has been incarcerated for so many decades before the internet existed is coming out to a world that's completely controlled by the internet," Columbia said.

She said it can hurt their livelihood and add to the stigma formerly incarcerated people face.

"All it takes is a simple search to find out who this person is, what they've been accused of, and this entire record and their history is who creates the identity for them, and they're having to come out to try to make that identity for themselves," Columbia said.

Hamilton is seeking a dismissal of the charges against Carter.

Columbia said a dismissal alone would be significant but it isn't the same as exoneration.

"If a case is ultimately dismissed against someone who has been convicted, that is not the same as exoneration. So they will not have a finding of innocence. It's simply a dismissal of those charges. A dismissal of a case would definitely be a victory, but that isn't enough to trigger Utah's compensation statute the way that it does for those who have been exonerated," she said.

Hamilton also asked the state to stipulate to Carter's petition for a finding of actual innocence.

"Let's actually give this poor man money," Hamilton said. "He doesn't have retirement. He doesn't have savings. They took that opportunity away from him. They stole his opportunity to save for retirement. So now he's got to go and get a job."

Columbia said under Utah law, people who are exonerated may be eligible for compensation for time spent wrongfully incarcerated. The state provides compensation of roughly $45,000 to $50,000 per year spent behind bars, up to a maximum of 15 years.

For Carter, the transition to freedom is only beginning, while the legal effort to fully clear his name continues.

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