Latest news with #EvaOlesen
15-05-2025
Utah Supreme Court orders new trial for man on death row after police misconduct surfaces
SALT LAKE CITY -- The Utah Supreme Court ruled Thursday that 'numerous constitutional violations' during the trial and sentencing of a man who spent decades on death row merit a new trial. Justices affirmed the ruling of a lower court judge who had ordered a new trial for Douglas Stewart Carter after finding issues with how police and prosecutors handled his case. Carter, 69, was sentenced to death in 1985 after a jury found him guilty of murdering Eva Olesen, the aunt of a former Provo police chief who was found stabbed a dozen times and shot in the head. While no physical evidence linked him to the crime scene, prosecutors convicted Carter, a Black man, based on a written confession and two witnesses who said he had bragged about killing Olesen, a white woman. Carter has argued his confession was coerced. In 2019, the Utah Supreme Court sent Carter's case back to a lower court for review after the witnesses — two immigrants without legal status — said police and prosecutors offered to pay their rent, coached them to lie in court and threatened to deport them or their son if they did not implicate Carter. Judge Derek Pullan ordered a new trial in 2022, saying the witness testimonies and police misconduct prejudiced the original trial. The Utah Attorney General's office appealed, leading to the high court's decision Thursday. 'There is no question that these numerous constitutional violations — suppressing evidence, suborning perjury, and knowingly failing to correct false testimony — prejudiced Carter at both his trial and sentencing,' Justice Paige Petersen wrote in the high court's opinion. It's rare, she added, to see a case involving 'multiple instances of intentional misconduct' by two police officers, including the lead investigator, and a prosecutor. Provo Police Lt. George Pierpont had obtained the confession from Carter, and Officer Richard Mack gathered witness statements. The postconviction court also found that prosecutor Wayne Watson was present when police directed a witness to lie, and that he did not correct the false testimony during trial. Carter remains in prison while he awaits a new trial, said his attorney, Eric Zuckerman. 'Mr. Carter has spent more than forty years behind bars because of an unconstitutional conviction rooted in police and prosecutorial misconduct — including the suborning of perjury before a jury of his peers,' Zuckerman said in a statement. "We are gratified that both the trial court and the Utah Supreme Court have validated Mr. Carter's claims. But no ruling can restore the four decades of freedom the state of Utah unjustly took from him.' Carter is among several inmates involved in a separate lawsuit challenging Utah's execution methods and protocols. Olesen's family has repeatedly expressed frustration that the decades-old murder case is ongoing. 'We extend our hearts and sympathies to the family of Eva Olesen, who have sought justice for her murder the last 40 years," said Madison McMicken, a spokesperson for Utah Attorney General Derek Brown. 'We are disappointed the Olesen family does not yet have a resolution in this case.'
Yahoo
15-05-2025
- Yahoo
Utah Supreme Court orders new trial for man on death row after police misconduct surfaces
SALT LAKE CITY (AP) — The Utah Supreme Court ruled Thursday that 'numerous constitutional violations' during the trial and sentencing of a man who spent decades on death row merit a new trial. Justices affirmed the ruling of a lower court judge who had ordered a new trial for Douglas Stewart Carter after finding issues with how police and prosecutors handled his case. Carter, 69, was sentenced to death in 1985 after a jury found him guilty of murdering Eva Olesen, the aunt of a former Provo police chief who was found stabbed a dozen times and shot in the head. While no physical evidence linked him to the crime scene, prosecutors convicted Carter, a Black man, based on a written confession and two witnesses who said he had bragged about killing Olesen, a white woman. Carter has argued his confession was coerced. In 2019, the Utah Supreme Court sent Carter's case back to a lower court for review after the witnesses — two immigrants without legal status — said police and prosecutors offered to pay their rent, coached them to lie in court and threatened to deport them or their son if they did not implicate Carter. Judge Derek Pullan ordered a new trial in 2022, saying the witness testimonies and police misconduct prejudiced the original trial. The Utah Attorney General's office appealed, leading to the high court's decision Thursday. 'There is no question that these numerous constitutional violations — suppressing evidence, suborning perjury, and knowingly failing to correct false testimony — prejudiced Carter at both his trial and sentencing,' Justice Paige Petersen wrote in the high court's opinion. It's rare, she added, to see a case involving 'multiple instances of intentional misconduct' by two police officers, including the lead investigator, and a prosecutor. Provo Police Lt. George Pierpont had obtained the confession from Carter, and Officer Richard Mack gathered witness statements. The postconviction court also found that prosecutor Wayne Watson was present when police directed a witness to lie, and that he did not correct the false testimony during trial. Carter remains in prison while he awaits a new trial, said his attorney, Eric Zuckerman. 'Mr. Carter has spent more than forty years behind bars because of an unconstitutional conviction rooted in police and prosecutorial misconduct — including the suborning of perjury before a jury of his peers,' Zuckerman said in a statement. "We are gratified that both the trial court and the Utah Supreme Court have validated Mr. Carter's claims. But no ruling can restore the four decades of freedom the state of Utah unjustly took from him.' Carter is among several inmates involved in a separate lawsuit challenging Utah's execution methods and protocols. Olesen's family has repeatedly expressed frustration that the decades-old murder case is ongoing. 'We extend our hearts and sympathies to the family of Eva Olesen, who have sought justice for her murder the last 40 years," said Madison McMicken, a spokesperson for Utah Attorney General Derek Brown. 'We are disappointed the Olesen family does not yet have a resolution in this case.'
Associated Press
15-05-2025
- Associated Press
Utah Supreme Court orders new trial for man on death row after police misconduct surfaces
SALT LAKE CITY (AP) — The Utah Supreme Court ruled Thursday that 'numerous constitutional violations' during the trial and sentencing of a man who spent decades on death row merit a new trial. Justices affirmed the ruling of a lower court judge who had ordered a new trial for Douglas Stewart Carter after finding issues with how police and prosecutors handled his case. Carter, 69, was sentenced to death in 1985 after a jury found him guilty of murdering Eva Olesen, the aunt of a former Provo police chief who was found stabbed a dozen times and shot in the head. While no physical evidence linked him to the crime scene, prosecutors convicted Carter, a Black man, based on a written confession and two witnesses who said he had bragged about killing Olesen, a white woman. Carter has argued his confession was coerced. In 2019, the Utah Supreme Court sent Carter's case back to a lower court for review after the witnesses — two immigrants without legal status — said police and prosecutors offered to pay their rent, coached them to lie in court and threatened to deport them or their son if they did not implicate Carter. Judge Derek Pullan ordered a new trial in 2022, saying the witness testimonies and police misconduct prejudiced the original trial. The Utah Attorney General's office appealed, leading to the high court's decision Thursday. 'There is no question that these numerous constitutional violations — suppressing evidence, suborning perjury, and knowingly failing to correct false testimony — prejudiced Carter at both his trial and sentencing,' Justice Paige Petersen wrote in the high court's opinion. It's rare, she added, to see a case involving 'multiple instances of intentional misconduct' by two police officers, including the lead investigator, and a prosecutor. Provo Police Lt. George Pierpont had obtained the confession from Carter, and Officer Richard Mack gathered witness statements. The postconviction court also found that prosecutor Wayne Watson was present when police directed a witness to lie, and that he did not correct the false testimony during trial. Carter remains in prison while he awaits a new trial, said his attorney, Eric Zuckerman. 'Mr. Carter has spent more than forty years behind bars because of an unconstitutional conviction rooted in police and prosecutorial misconduct — including the suborning of perjury before a jury of his peers,' Zuckerman said in a statement. 'We are gratified that both the trial court and the Utah Supreme Court have validated Mr. Carter's claims. But no ruling can restore the four decades of freedom the state of Utah unjustly took from him.' Carter is among several inmates involved in a separate lawsuit challenging Utah's execution methods and protocols. Olesen's family has repeatedly expressed frustration that the decades-old murder case is ongoing. 'We extend our hearts and sympathies to the family of Eva Olesen, who have sought justice for her murder the last 40 years,' said Madison McMicken, a spokesperson for Utah Attorney General Derek Brown. 'We are disappointed the Olesen family does not yet have a resolution in this case.'
The Independent
15-05-2025
- The Independent
Utah Supreme Court orders new trial for man on death row after police misconduct surfaces
The Utah Supreme Court ruled Thursday that 'numerous constitutional violations' during the trial and sentencing of a man who spent decades on death row merit a new trial. Justices affirmed the ruling of a lower court judge who had ordered a new trial for Douglas Stewart Carter after finding issues with how police and prosecutors handled his case. Carter, 69, was sentenced to death in 1985 after a jury found him guilty of murdering Eva Olesen, the aunt of a former Provo police chief who was found stabbed a dozen times and shot in the head. While no physical evidence linked him to the crime scene, prosecutors convicted Carter, a Black man, based on a written confession and two witnesses who said he had bragged about killing Olesen, a white woman. Carter has argued his confession was coerced. In 2019, the Utah Supreme Court sent Carter's case back to a lower court for review after the witnesses — two immigrants without legal status — said police and prosecutors offered to pay their rent, coached them to lie in court and threatened to deport them or their son if they did not implicate Carter. Judge Derek Pullan ordered a new trial in 2022, saying the witness testimonies and police misconduct prejudiced the original trial. The Utah Attorney General 's office appealed, leading to the high court's decision Thursday. 'There is no question that these numerous constitutional violations — suppressing evidence, suborning perjury, and knowingly failing to correct false testimony — prejudiced Carter at both his trial and sentencing,' Justice Paige Petersen wrote in the high court's opinion. It's rare, she added, to see a case involving 'multiple instances of intentional misconduct' by two police officers, including the lead investigator, and a prosecutor. Provo Police Lt. George Pierpont had obtained the confession from Carter, and Officer Richard Mack gathered witness statements. The postconviction court also found that prosecutor Wayne Watson was present when police directed a witness to lie, and that he did not correct the false testimony during trial. Carter remains in prison while he awaits a new trial, said his attorney, Eric Zuckerman. 'Mr. Carter has spent more than forty years behind bars because of an unconstitutional conviction rooted in police and prosecutorial misconduct — including the suborning of perjury before a jury of his peers,' Zuckerman said in a statement. "We are gratified that both the trial court and the Utah Supreme Court have validated Mr. Carter's claims. But no ruling can restore the four decades of freedom the state of Utah unjustly took from him.' Carter is among several inmates involved in a separate lawsuit challenging Utah's execution methods and protocols. Olesen's family has repeatedly expressed frustration that the decades-old murder case is ongoing. 'We extend our hearts and sympathies to the family of Eva Olesen, who have sought justice for her murder the last 40 years," said Madison McMicken, a spokesperson for Utah Attorney General Derek Brown. 'We are disappointed the Olesen family does not yet have a resolution in this case.'
Yahoo
15-05-2025
- Yahoo
Death row inmate to be tried again 40 years after Provo woman's death
SALT LAKE CITY (ABC4) — A Utah death row inmate will be retried for the death of a Provo woman after the Utah Supreme Court affirmed the decision Thursday, saying officers violated the Constitution by coercing witnesses to falsely testify in court. Douglas Carter was sentenced to death by a jury in 1985 for the murder of Eva Olesen in Provo. While there was no physical evidence tying him to her death, the conviction rested on witness testimonies and a confession written by the investigator and signed by Carter. However, decades after his trial, two of the key witnesses — Epifanio and Lucia Tovar — confessed that they had been threatened by police with arrest, deportation, and the removal of their son if they did not falsely testify against Carter in court. On Thursday, approximately 40 years after his conviction, the Utah Supreme Court sided with Carter and the postconviction court affirming that he deserves a retrial. 'The court correctly observed that because no physical evidence tied Carter to the crime scene, his confession and the Tovars' corroboration of his confession were the pillars of the State's case. And the undisclosed evidence damages both pillars,' the Court's opinion reads. Eva Olesen, the aunt of a former Provo police chief, was found dead in her Provo residence in 1985. Her hands were tied behind her back and she had been stabbed ten times and shot once in the back of her head, court documents say. Carter became a suspect after his wife told police she suspected he may have used her gun — which was missing — to kill Olesen. Investigators were unable to find any physical evidence tying Carter to the murder but spoke with several witnesses who claimed Carter had confessed to the killing. The lead investigator later interrogated Carter in jail and claimed he verbally confessed to her murder. The investigator wrote up the confession and Carter signed it. The case has been debated now for decades as more recent evidence suggests two of the witnesses were coerced into adding false information to their testimonies. After Carter's 1985 conviction, he appealed the sentence and was granted a new sentencing trial in 1992 where he once again was sentenced to death. However, the second sentencing trial was also compromised as prosecutors quoted the Tovars' witness statements made during his first trial, including the parts that are now believed to be fabricated. In 2011, the Tovars were found in Mexico and confessed they had been threatened by police in order to coerce them to testify in a specific way. Their rent, phone, groceries, and utilities were also paid for by police but they were instructed to deny it on the stand. PREVIOUS STORY: Utah to challenge decision overturning death row conviction Epifanio Tovar said in a later deposition that he included the lies in his testimony because 'that's what [the police] wanted me to say.' He said he was afraid because he and his family were not legal residents in the country and he was worried if he didn't comply they would deport his family and claim he was an accomplice or the murder suspect. 'I was afraid and that's why I lied, because … if they didn't catch the guy, they would arrest me as the murderer,' he said. Lucia Tovar said the officers had threatened them 'with arrest, deportation, and loss of their son more than three times between her first meeting … and her trial testimony.' During the review, the officers admitted they helped the Tovars with their bills so they wouldn't leave town for employment before the trial. Evidence points to the officers having paid them more than $4,000 in benefits. 'The constitutional violations that took place during Carter's trial and resentencing are serious. It is rare to see a case involving multiple instances of intentional misconduct by two different police officers—one of them the lead investigator on the case—and a prosecutor. But that is what the postconviction court found here,' the Utah Supreme Court's opinion reads. The court ordered a new trial in 2019, but that was not the end of it as the state filed an appeal several years later, according to the Associated Press. On May 15, 2025, the Utah Supreme Court affirmed the previous decision for a retrial. Read the full opinion below: Carter v. State20250515Download LIVE: SLCPD provides 'significant update' on cold case homicide Here are the most popular Utah baby names in 2024 Death row inmate to be tried again 40 years after Provo woman's death Dennis Lee Hair creates unique looks for your special event Could the penny soon be a thing of the past? Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
