PROVO, Utah — Attorneys representing former death row inmate Douglas Stewart Carter have filed a motion to dismiss the case, accusing Provo police of losing evidence and not properly investigating other potential suspects in the 1985 home invasion murder of Eva Olesen.
Carter, whose original conviction and death sentence was overturned over findings his constitutional rights had been violated and accusations that police bribed and threatened witnesses in the case against him (police maintained any money spent for witness protection), is facing a new trial for murder. Carter has also insisted his own confession to the crime was coerced. Utah County prosecutors have filed a notice to seek the death penalty against Carter again, if he is convicted again.
In a new court filing, Carter's attorneys said the Utah County Attorney's Office disclosed misconduct by a Provo police lieutenant who investigated the homicide, including suppressing exculpatory evidence. The defense also said prosecutors cannot find evidence that is part of the decades-old case.
"The full scope of this development has yet to be realized, as Mr. Carter is still waiting for final documentation on what evidence remains in possession of Provo PD. Mr. Carter had originally intended to wait to file this motion until he received complete discovery. However, with the disclosure of additional misconduct it was decided to proceed with the filing of this motion prior to disclosure of complete discovery. Mr. Carter reserves the right to address additional material prejudice uncovered by future disclosures," Carter's defense attorney, Neal Hamilton, wrote. "In this case, State actors have acted to ensure that Mr. Carter cannot obtain a fair trial. Dismissal is the only remedy."
Carter is accused of kiling Olesen, who was shot and stabbed to death inside her Provo home. She was the aunt of Provo's then-police chief. The filing also accuses police of not focusing on other potential suspects in Olesen's murder, including her husband and another man seen in the neighborhood around the time of the crime.
"No reports were made of neighbors observing a black man in the area the day Eva was murdered," Hamilton wrote. "Numerous neighbors who live in close proximity to the Olesen home reported hearing a loud, explosive noise."
Carter appeared in court on Friday morning for a hearing, where arguments were not heard on the motion to dismiss over lost evidence. Instead, the judge said he would made a decision filed on the briefings. Utah County prosecutors then disclosed that an FBI profile requested by Provo police in the homicide, which did not match Carter, was not provided. Fourth District Court Judge Derek Pullan told them to file a request with the FBI to see if it still exists.
Other evidence from the case was still being turned over to Carter's defense team, deputy Utah County Attorney Erwin Petilos told the judge.
Stay with FOX 13 News for updates on this developing story.
