PROVO, Utah — Days after learning the death penalty will not be sought in his upcoming trial, Douglas Carter may learn if he will be released from prison on bond, or even have his case dismissed, during a Monday hearing.
The hearing comes following a surprise announcement Wednesday, where the Utah County Attorney's Office announced it had withdrawn its intent to seek the death penalty for Carter in his retrial in the 1985 murder of Eva Olesen.
The decision was made after Carter's DNA was tested against evidence found at the crime scene. The office did not release the results of the tests or provide a reason why it was withdrawing its intent to seek the death penalty.
Olesen family says shocking death penalty decision raises "difficult questions":
At the time of the announcement, the Utah County Attorney’s Office added that it would reassess how it will proceed in relation to Carter's upcoming trial. Being released on bond is one of many options available during Monday's hearing.
Carter spent decades on death row after first being convicted of Olesen's murder, before that conviction was later overturned after it was found that his constitutional rights had been violated. When the decision was upheld by the Utah Supreme Court, a new trial was ordered.