Louisiana man on death row freed on bail after overturned conviction

by · Mail Online

A Louisiana man who spent 30 years on death row for allegedly raping and murdering his girlfriend's daughter in 1998 has been freed on bail after his conviction was overturned.

Jimmie Duncan was charged with first-degree murder after he was accused of the rape and drowning of 23-month-old Haley Oliveaux, his then-girlfriend's daughter. 

But his conviction was overturned in April by Fourth Judicial District Court Judge Alvin Sharp after testimony revealed the forensic evidence that condemned Duncan was 'not scientifically defensible,' CBS News reported. 

The infant's death, according to Sharp, appeared to have been an 'accidental drowning.' 

Duncan was released on a $15,000 bail while his case is reviewed by the Louisiana Supreme Court.  

Allison Layton Statham, the child's mother, called for Duncan's release at a hearing in July and told Mississippi Today: 'This innocent man is on death row. Justice needs to be done.'

Statham had left her daughter in the care of the then 25-year-old Duncan, her boyfriend who she had been living with for several months. 

Duncan said he made the child oatmeal before giving her a bath, with the water coming to less than three and a half inches. 

Jimmie Duncan, seen on the day of his release, was accused of murdering 23-month-old Haley Oliveaux in 1998 before his conviction was overturned in April
Fourth Judicial District Court Judge Alvin Sharp said that testimony of forensic evidence that condemned Duncan, seen with his half-sister, was 'not scientifically defensible'
Allison Layton Statham, the child's mother, had left her daughter, seen above, in the care of the then 25-year-old Duncan, her boyfriend who she had been living with for several months

While doing the dishes, he had heard a noise and found the child face-down in the water. He rushed with the toddler next door, before the child was unable to be revived. 

Statham said Duncan was distraught and profusely apologizing, and Duncan was charged with negligent homicide. 

Duncan's lawyers praised Sharp's ruling earlier this year and said it was 'clear and convincing evidence showing that Mr. Duncan is factually innocent.'

While prosecutors argued that Duncan was too much of a risk to be freed, Statham demanded all evidence be released including a sealed video of a bite-mark expert examining her child's body.

'Authorities are still wanting to bury the truth. What they did was railroad him,' she said. 

A video recording of the analysis showed Mississippi-based forensic dentist Michael West 'forcibly pushing a mold of Mr. Duncan's teeth into the child's body — creating the bite marks,' the outlet reported. 

A court-filing from Duncan's lawyers obtained by CBS said that this evidence was then used to wrongfully convict Duncan. 

Similar faulty bite mark forensic analysis has contributed to numerous wrongful convictions and charges, CBS reported. 

Duncan, seen with family and friends in 2017, was released on a $15,000 bail while his case is reviewed by the Louisiana Supreme Court

BLACK FRIDAY SALE

EXCLUSIVE
Bryan Kohberger becomes nightmare prison diva... as he throws huge tantrum over BANANAS behind bars

Statham believed that her daughter, who suffered a history of seizures, had drowned in the bathtub accidentally. 

Court records obtained by the outlet show Statham arguing that her daughter 'wasn't killed.'

'Haley died because she was sick,' she said.  

Statham said in court that the families of Duncan and herself had been 'destroyed by the lie' that was concocted to convict him.   

Prosecutors relied on bite mark analysis and an autopsy conducted by two experts who were later linked to at least 10 wrongful convictions, according to Duncan's legal defense. 

After conducting such analysis across nine states, in 2011 West admitted that he 'no longer believe[s] in bite-mark analysis,' according to the Innocence Project.

'I don’t think it should be used in court. I think you should use DNA. Throw bite marks out.'

West estimated that he had used bite mark analysis as evidence 81 times out of his 16,000 cases, resulting in 31 convictions. 

Forensic dentist Michael West who examined the child's body was seen in video evidence 'forcibly pushing a mold of Mr. Duncan's teeth into the child's body — creating the bite marks'
His lawyers said Duncan had been a 'model prisoner' who had helped other death row inmates obtain their GEDs who earned a 'strong community support for his release'

An Associated Press review from 2013 found at least two dozen wrongful convictions or charges based on bite mark evidence since 2000.

'Bite mark evidence is junk science, and there is no more prejudicial type of junk science that exists than bite mark evidence,' M Chris Fabricant, an Innocence Project lawyer representing Duncan, told the court during the bail hearing.

'The horror story that they put out and desecrated my baby's memory makes me infuriated,' Statham said.

'I was not informed of anything that would have exonerated Mr Duncan at all,' she went on. 

'Had I been then, things would have turned out a lot different for Mr. Duncan and all of our families.'

The infant's paternal aunt, Jennifer Berry, said their family 'never mourned like we mourned when that child died.'

But since recently exploring the case, she said she had 'been in turmoil since realizing this.'

The infant's paternal aunt, Jennifer Berry, said the child was mourned like no other but after investigation she believed Duncan deserved to be freed

'He’s a young man who was falsely accused of a crime he didn’t commit,' she added.

Duncan was one of 55 people on death row in Louisiana, held at the Angola State Prison.

His lawyers said Duncan had been a 'model prisoner' who had helped other death row inmates obtain their GEDs who earned a 'strong community support for his release.'