State of Utah v. Douglas Carter

Salt Lake City, Utah, criminal defense lawyer represents the Defendant convicted of capital murder in 1985.

In 1985, Douglas Carter was convictedandlater sentenced to death for the murder of Eva Olesenin Provo, Utah. There was no physical evidence tying Carter to the crime scene. But the investigation turned up other evidence pointing to Carter, and Carter ultimately signed a confessionto the murder. At trial, two witnesses for the State—EpifanioTovar and his wifeLucia—provided important testimony corroborating aspects of Carter’s confession. They testified that they had seen Carter just before and after the murder, and that Carter had told Epifanio he murdered a woman and showed Epifaniohow he had done it.

Douglas Carter, age 71, a former death row inmate convicted of killing a woman in 1985. In September, the results excluded Carter as the source of blood found at the crime scene.

Decades later, later, however, the Tovars signed sworn declarations stating that during the investigation and prosecution of Carter, the police had threatened them, pressured them to make untrue statements,and instructed them to lie at Carter’s trial about significant financial support they had received from the police. Based on these new revelations, Carter petitioned for postconviction relief under the Postconviction Remedies Act (PCRA). And the postconviction court in the Fourth Judicial District held an evidentiary hearing on Carter’s petition.

Motion for post conviction relief.