Defense asks judge to order more DNA testing in 42-year-old Provo murder case
· KSL.comKEY TAKEAWAYS
- Douglas Carter's defense seeks more DNA testing for the 1985 Provo murder of Eva Olesen.
- Carter's conviction for the murder was overturned in September when DNA testing didn't find his DNA on the murder weapon.
- Prosecutors have 14 days to respond to the defense's DNA testing motion.
PROVO — DNA testing led to Douglas Carter's release from jail, and now his attorneys are hoping DNA testing can be used to find out who killed Eva Olesen in 1985.
Attorneys for Douglas Carter, who spent more than four decades on death row for Olesen's murder, filed a motion Tuesday asking a judge to order the same kind of DNA testing police used to solve The Golden State Killer case in 2018.
"(Forensic Investigative Genetic and Geologic) testing goes through the DNA profiles that have been obtained, and it finds hereditary genetic markers," said attorney Neal Hamilton. "It allows those markers to be isolated, and then to be compared to known databases."
Hamilton said they're asking for the tests on just two pieces of evidence — the handle of the knife used to kill Olesen and a blood sample found just outside Olesen's back door, which investigators believe belongs to the killer.
"The other samples have multiple known contributors," Hamilton said of other evidence. "The blood in the alleyway had one contributor, and the knife handle had two, and one of them was Eva."
Hamilton said they filed the motion after weeks of trying to get financial approval from Utah County.
"We've been trying to get approval for this since October the sixth," Hamilton said. "We finally got it approved. We then asked (Utah County Attorney) Jeff Gray last week to stipulate to this request. This morning they contacted us and wanted to know why, why do we want to do this. …We told them, 'We're trying to identify the killer.'"
Like the Golden State case, Hamilton said he doesn't think the murder can be solved without this kind of DNA evidence. Carter's conviction was overturned because of police and prosecutor misconduct, and in June of 2025 the 71-year-old was moved from Death Row at the Utah State Prison to the Utah County Jail to await a new trial.
In July of 2025, Utah County Attorney Jeff Gray filed a notice that he intended not just to retry Carter, but he was going to seek the death penalty again. DNA testing in September revealed Carter's DNA wasn't on any of the evidence police collected from the scene, including the knife, which experts have repeatedly testified was covered in DNA from two people — Eva and her killer. Investigators believe the killer cut himself while stabbing the 57-year-old mother and grandmother in her Provo home.
With DNA evidence pointing toward Carter's innocence, the judge released him to a program that helps people adjust to freedom after long-term incarceration. But despite saying the DNA testing would be "dispositive" of the case in an August hearing, prosecutors insist they will move forward with the case. The only change is that they will not seek the death penalty.
Hamilton said prosecutors are required to keep the defense informed of any new investigative developments.
"They've provided us with nothing," Hamilton said, "which either means that they are violating their discovery obligations, or I think more likely, is that there's nothing to report because there's nothing going on."
After prosecutors declined to stipulate to the testing request, he filed a motion asking the same judge who overturned Carter's conviction to order the crime lab to release those two DNA samples to a Utah company well-known for this kind of testing.
A few hours after that motion was filed, Hamilton said he and prosecutor Erwin Petilos received an email from Angela Micklos, an attorney for the Utah Attorney General's Office which represents the state's crime lab.
"(She) said, 'Hey, you're both after this. I'm not giving it to either of you. We need a court order,'" Hamilton recalled, admitting he was stunned and confused to learn the state wanted the same tests.
"Why wouldn't they come and say, 'Hey, we're doing the same thing; let's coordinate," he said. "Why does everything have to be a game?"
Hamilton said he reached out to prosecutor Erwin Petilos after getting Micklos' email to try and understand what happened.
"I asked him, 'Are you guys doing your own testing?'" Hamilton said. ""Yep, that's my understanding.' He just texted me that this has been in the works for just a couple of days.'"
Prosecutors have 14 days to respond to Hamilton's motion asking Judge Derek Pullan to order the testing. Hamilton said that while the judge could rule on the motion after prosecutors respond, he doesn't expect him to rule until the next hearing, which is Nov. 10.
Pullan has yet to rule on a motion to suppress Carter's confession that he took under advisement in August, in part because he wanted to see results from more extensive DNA testing, which was delivered in September.
Pullan retires from the bench in December, but he's said he thinks he should be the one to rule on the motion to suppress Carter's confession. Hamilton said the judge can issue that decision at any time, but he's not sure it will happen before the Nov. 10 hearing.
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