Utah Death Row Inmate Granted Retrial for 1985 Murder

Douglas Carter to appear in court after key witnesses recanted testimonies due to police coercion.

Apr. 3, 2026 at 2:54pm

An extreme close-up photograph of a single handcuff against a pitch-black background, lit by a harsh, direct camera flash, conceptually representing the serious, investigative nature of this wrongful conviction case.A harsh, unforgiving spotlight on the criminal justice system's failures in a high-stakes case of alleged wrongful conviction.Salt Lake City Today

A Utah death row inmate, Douglas Carter, is set to appear in court on Friday for a retrial of his 1985 murder conviction for the death of Eva Olesen in Provo. Decades after his initial trial, two key witnesses have confessed that their testimonies were fabricated under threat of arrest and deportation by police.

Why it matters

This case highlights concerns over wrongful convictions based on coerced witness testimony, as well as the challenges of overturning death penalty cases even when new evidence emerges. The retrial could have significant implications for the integrity of Utah's criminal justice system.

The details

In 1985, Carter was sentenced to death by a jury for the murder of Eva Olesen, the aunt of a former Provo police chief. While there was no physical evidence tying him to the crime, the conviction relied on witness testimonies and a confession written by the lead investigator and signed by Carter. However, in 2025, two of the key witnesses, Epifanio and Lucia Tovar, confessed that they had been threatened by police with arrest, deportation, and the removal of their son if they did not cooperate and include fabrications in their testimonies against Carter.

  • In 1985, Eva Olesen was found dead in her Provo residence.
  • In 1985, Douglas Carter was sentenced to death for Olesen's murder.
  • In May 2025, the Utah Supreme Court affirmed that Carter deserved a retrial.
  • The oral arguments for the retrial will begin on Friday, April 3, 2026.

The players

Douglas Carter

A Utah death row inmate who was convicted of the 1985 murder of Eva Olesen, but is now granted a retrial after key witnesses recanted their testimonies.

Eva Olesen

The aunt of a former Provo police chief who was found dead in her Provo residence in 1985.

Epifanio and Lucia Tovar

Two key witnesses in the original 1985 trial who have since confessed that their testimonies against Carter were fabricated under threat of arrest, deportation, and the removal of their son by police.

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What they’re saying

“We must ensure that no one is wrongfully convicted, especially in cases involving the death penalty. This retrial is an important step in upholding justice.”

— Innocence Project Spokesperson

What’s next

The oral arguments for the retrial will begin on Friday, April 3, 2026 at 10:30 a.m. ABC4 will provide updates both on air and online.

The takeaway

This case highlights the critical need for robust safeguards against coerced witness testimony and wrongful convictions, especially in capital punishment cases. The retrial will be a test of Utah's criminal justice system to uphold the principles of due process and the presumption of innocence.