PROVO, Utah — More DNA testing is needed before a judge decides whether to continue the murder case against Douglas Stewart Carter.
At a hearing on Tuesday, 4th District Court Judge Derek Pullan got agreement from Utah County prosecutors and defense lawyers about further DNA testing. Carter's lawyers have said DNA does not place him at the scene of the murder, but they want to know whose DNA is there. Judge Pullan also said he intends to rule on whether or not a confession made by Carter is admissible.
Carter is facing a new trial for the 1985 murder of Eva Olesen. His conviction was initially overturned and the Utah Supreme Court ordered a new trial over allegations that police mishandled evidence and witnesses in the case. Since then, new DNA testing has not placed Carter at the scene of the crime.
Utah County prosecutors have dropped the death penalty (Carter spent more than 40 years on death row) and he has been released from jail.
Carter declined to comment to FOX 13 News outside of court.