PROVO, Utah — The Utah County Attorney's Office said it will seek the death penalty again if Douglas Stewart Carter is convicted of murder again.
Carter was originally convicted in 1985 and sentenced to death for the murder of Eva Olesen in Provo. Earlier this year, the Utah Supreme Court ordered a new trial after a lower court judge vacated his conviction and sentence over issues surrounding law enforcement's handling of the original case.
"This case now stands in the position it was some 40 years ago—pending a trial for the aggravated murder of Eva Oleson and, if a jury finds Carter guilty, a sentencing phase where the jury would be required to determine whether Carter should be sentenced to life in prison or death," Utah County Attorney Jeff Gray wrote in a motion filed in Provo's 4th Distirct Court and obtained by FOX 13 News.
Gray said they are filing the notice "in an abundance of caution." Carter is scheduled to make a brief appearance in 4th District Court on Tuesday.
