PROVO, Utah — As his court hearing was wrapping up, Douglas Stewart Carter wanted to speak to 4th District Court Judge Derek Pullan.
"What you just brought up in the motion they filed, the state filed," he began, talking about recent legal arguments made in his murder case.
"I haven’t been arraigned!" Carter complained.
"Do you wish to have Mr. Carter arraigned today?" Judge Pullan asked.
"That would be fine, yes," Carter's defense attorney, Neal Hamilton, replied.
"Any objection to that?" the judge asked Utah County prosecutors.
"No."
"How does Mr. Carter plead to the information?"
"We will be entering not guilty pleas."
"Not guilty pleas will be entered as to each charge in the information. Is there anything else today?"
"That’s the problem with charges. They’re defective," Carter interjected.
"You need to talk to your lawyers about that, thank you," Judge Pullan replied.
"Your honor, just a second," Carter told him.
"Thank you. We’re done today, Mr. Carter," the judge said as a bailiff began to escort Carter out of the courtroom.
For decades, Carter was on death row, accused of killing Eva Olesen in a 1985 home invasion robbery in Provo. But his conviction and death sentence were thrown out after the judge ruled that Carter's constitutional rights had been violated. Provo police were accused of bribing and threatening witnesses in the case (police have maintained any money spent was for witness protection). Carter has also claimed that his own confession was coerced.
The Utah Supreme Court upheld the lower court's ruling, clearing the way for a new trial.
Utah County prosecutors are trying again to convict Carter of murder. But on Tuesday, defense attorneys announced they would be filing legal motions to have some of the charges thrown out arguing that it would be double jeopardy from an original jury verdict.
"We believe that they are precluded from raising again as the jury acquitted on three of the five aggravators," Hamilton said.
Meanwhile, the Utah County Attorney's Office said it would be seeking new DNA testing of evidence from the original crime scene and seeking a DNA sample from Carter.
"If there’s a DNA profile developed then I’ll have to renew my motion for the defendant’s DNA," said deputy Utah County Attorney Erwin Petilos. "Then we’ll litigate that."
Judge Pullan scheduled another hearing for March to update the status of the case. Outside court, members of the Olesen family expressed some frustration and wanted to keep the focus on the murder victim. Theresa Olesen, Eva's daughter-in-law, said she believed Carter's confession is legitimate and he is guilty.
"Our mother, grandmother, mother-in-law, friend, etc., was in her home knitting a sweater for her 16-year-old son’s upcoming birthday. Carter came in — acted as judge, jury and executioner — in a period of less than a half-hour or whatever the time period was," she said. "Carter has had 40-whatever years to have everything analyzed and picked apart. It’s gone away from guilt or innocence to a legal chess game that is just frustrating because she did not have that defense."
