Douglas Stewart Carter demands to be arraigned as his murder case progresses, pleading not guilty to the charges.
During a recent court session, Douglas Stewart Carter addressed 4th District Court Judge Derek Pullan regarding his ongoing murder case. Carter expressed concern, stating, "I haven't been arraigned!" In response, Judge Pullan inquired if Carter should be arraigned that day, to which defense attorney Neal Hamilton confirmed, "That would be fine, yes." The judge then asked the Utah County prosecutors if there were any objections, receiving a negative response.
Following this, the judge asked how Carter would plead to the charges, to which Hamilton replied that they would be entering not guilty pleas. Judge Pullan confirmed that not guilty pleas would be recorded for each charge. Carter then interjected, stating, "That's the problem with charges. They're defective." The judge advised Carter to discuss that with his lawyers before concluding the session as a bailiff escorted him out.
Carter, who previously spent decades on death row for the 1985 murder of Eva Olesen during a home invasion robbery in Provo, had his conviction and death sentence overturned due to violations of his constitutional rights. Allegations arose against Provo police regarding witness bribery and threats, although police maintained that the funds were for witness protection. Carter also claimed that his confession was coerced.
The Utah Supreme Court upheld a lower court's decision, permitting a new trial against Carter. Utah County prosecutors are now renewing efforts to convict him of murder. Defense attorneys have indicated plans to file motions to dismiss some charges, citing double jeopardy based on previous jury verdicts.
The Utah County Attorney's Office is pursuing new DNA testing from the original crime scene and will seek a DNA sample from Carter. Deputy Attorney Erwin Petilos mentioned that if a DNA profile is developed, he would renew his motion for Carter's DNA.
Judge Pullan has scheduled another hearing for March to review the case's status.