马修·布朗一名犹他州法官裁定，将一名71岁的男子释放保释。这名男子因1985年的一起谋杀案在死刑囚犯名单上度过了数十年，尽管受害者家属提出反对，但法官仍作出了这一决定。检察官表示，重新分析的DNA证据表明该男子并非凶手。
道格拉斯·斯图尔特·卡特同年被判处死刑——陪审团认定他谋杀了埃娃·奥莱森（当时普罗沃市警察局长的姑妈）。
MATTHEW BROWN A Utah judge has ordered a 71-year-old man to be released on bail after he spent decades on death row for a 1985 killing, despite objections from the victim’s family, after prosecutors said newly analyzed DNA evidence did not match him. Douglas Stewart Carter was sentenced to death that same year after a jury found him guilty of murdering Eva Olesen, an aunt of the Provo police chief at the time.
去年，犹他州最高法院以调查人员存在不当行为为由，下令重新审理此案。卡特一直坚称自己无罪，并称自己的认罪书是被迫签署的。
The state Supreme Court ordered a new trial last year, citing misconduct by investigators. Carter has maintained his innocence and says a signed confession was coerced.
虽然没有任何物证能将卡特与犯罪现场联系起来，但陪审团仍根据他的认罪书以及两名证人的证词（这两名证人称他曾夸耀自己杀害了奥莱森）判他有罪。奥莱森是一名白人女性。
No physical evidence linked him to the crime scene, but the jury convicted Carter, a Black man, based on the confession and two witnesses who said he bragged about killing Olesen, who was white. Defense attorney Neal Hamilton said Carter will be placed in an extended stay accommodation near the family of his son, who was adopted by another family as an infant and didn’t learn about the conviction until years later.
辩护律师尼尔·汉密尔顿表示，卡特将被安置在靠近他儿子家庭的住所中；他的儿子在婴儿时期被其他家庭收养，直到多年后才得知父亲的定罪情况。汉密尔顿还指出，卡特需要接受心理治疗来应对长期监禁带来的心理创伤。
Carter also will need therapy to deal with his extended incarceration, Hamilton said.
“事情并没有那么简单——‘我们就放他走吧’。”汉密尔顿说，“他被释放时，已经承受了41年的精神折磨，这种影响是真实存在的。”德里克·普兰法官原定于2027年重新审理此案，但上周犹他县检察官撤回了要求判处卡特死刑的请求。
“It’s not just as simple as, ‘Let’s let him go,’” Hamilton said. “He’s being released with 41 years of state-induced trauma and the effect it will have on him is very real.”Judge Derek Pullan had scheduled a two-month retrial for 2027, but last week Utah County prosecutors withdrew a notice that they intended to seek the death penalty.
检察官埃文·佩蒂洛斯周一向法官表示，鉴于州政府仍在审查案件中的其他证据，重新评估卡特的保释条件“是必要且公平的”。
The prosecutors said results of a DNA analysis received Sept. 22 exclude Carter as a possible match to blood found on a doorknob and genetic material recovered from the handle of a knife used to stab Olesen, who was also shot. Utah County prosecutor Erwin Petilos told the judge Monday that reassessing Carter’s bail was “necessary and fair” as the state continues to look at the remaining evidence in the case.
卡特是芝加哥人，在1985年2月27日奥尔森被杀害时，正与母亲住在犹他州。法庭文件显示，调查最终锁定了卡特，他被怀疑是在抢劫过程中杀害了奥尔森。
Carter, a Chicago native, had been living with his mother in Utah at the time of Olesen’s killing on Feb. 27, 1985. Court documents indicate the investigation eventually focused on Carter, who was suspected of killing Olesen during a robbery.
据法庭文件显示，到那年4月，卡特因认为自己是另一起无关袭击案的嫌疑人而逃离了犹他州。他于6月在田纳西州纳什维尔被捕，在那里，卡特在普罗沃市一名侦探的审讯下签署了供词。
By that April, Carter had fled Utah believing he was a suspect in an unrelated assault case, according to court documents. He was apprehended that June in Nashville, Tennessee, where Carter signed a confession while under interrogation from a Provo detective.
卡特后来称，他在警察反复威胁下做了虚假供认。在辩方未传唤任何证人的审判中，他被定罪并判处死刑。1992年重审后，他再次被判死刑，随后几年犹他州法院驳回了卡特的多次上诉。
Carter said later that he had given a false confession after being repeatedly threatened by police. He was convicted and sentenced to death after a trial in which the defense called no witnesses. He was again sentenced to death after a 1992 retrial, and courts in Utah rejected numerous appeals from Carter in subsequent years.
转折点出现在2011年，当时他在初审时的两名证人在墨西哥被找到。他们称曾被指使在法庭上撒谎，并收到了警察给予的现金和礼物，警察还嘱咐他们不要透露这些款项。他们还表示，警察和检察官威胁要驱逐他们及其儿子，如果他们不牵连卡特。
A turning point came in 2011, when the two witnesses at his original trial were tracked down in Mexico. They said they had been told to lie in court and were given cash and gifts by police who told them not to disclose the payments. They also said police and prosecutors threatened them and their son with deportation if they did not implicate Carter.
经过十多年的法律拉锯战，犹他州最高法院去年下令重审，理由是警察和一名检察官存在“多起故意渎职行为”。作为回应，对证据进行了DNA分析，检方称结果上周已出炉。他们周一拒绝透露是否正利用DNA证据搜寻其他DNA匹配的嫌疑人。
More than a decade of legal wrangling followed before the Utah Supreme Court last year ordered a new trial, citing “multiple instances of intentional misconduct” by police and a prosecutor. A DNA analysis of the evidence was conducted in response to that order and prosecutors said the results arrived last week. They declined Monday to say whether they’re using the DNA evidence to search for other suspects with matching DNA.
卡特的辩护律师称，有目击者看到一名白人男子逃离犯罪现场，且一名调查员压制了指向其他嫌疑人的证据，包括受害者丈夫奥拉·奥尔森。
Carter’s defense attorneys have said witnesses saw a white man fleeing the crime scene and an investigator suppressed evidence pointing to other suspects, including the victim’s husband, Orla Olesen.
他们指控检察官曾接近对丈夫提起指控，但普罗沃市的一名警局中尉要求他们不要这样做，以便他能继续调查。根据法庭文件，卡特很快被确认为嫌疑人。
They allege that prosecutors were close to filing charges against the husband, but a Provo police lieutenant asked them not to so he could continue investigating. Carter was identified as a suspect soon after, according to court documents.
2009年去世的油漆承包商奥拉·奥尔森告诉警方，他在家中发现妻子已死，身穿不整，双手被反绑在身后。
Orla Olesen, a painting contractor who died in 2009, told police he found his wife dead in their home, partially undressed and with her hands tied behind her back.
埃娃·奥尔森的儿媳特雷莎·奥尔森在周一的保释听证会上表示，她的家人对卡特获释有“严重担忧”。她说他应该继续关押在犹他县监狱，那里他正因等待重审而被羁押。
Theresa Olesen, a daughter in law of Eva Olesen, said during Monday’s bond hearing that her family had “serious concerns” about Carter’s release. She said he should remain in the Utah County jail, where he was being held pending a new trial.
“天哪，我们原本希望能有一个确凿的匹配，”奥尔森谈到DNA分析时说。“这并不意味着他不在现场。”
“By golly we were hoping for a concrete match,” Olesen said of the DNA analysis. “It doesn’t mean he wasn’t there.”
“还有其他因素，希望调查能继续进行，”她补充道。“我们只想为埃娃伸张正义。如果他与此事有任何牵连，我们希望真相大白。”
“There are other factors and hopefully the investigation will continue,” she added. “We just want justice for Eva. And if he had any part of it we want that to be known.”