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A Louisiana decide this week put aside the first-degree homicide conviction and loss of life sentence of Jimmie Chris Duncan, whose 1998 conviction for killing his girlfriend’s 23-month-old daughter was primarily based partly on chew mark proof that consultants now say is junk science.
The choice comes after a Verite Information and ProPublica investigation in March examined the questions surrounding Duncan’s conviction as Gov. Jeff Landry, a staunch loss of life penalty advocate, made strikes to expedite executions after a 15-year pause.
Decide Alvin Sharp, of the 4th Judicial District in Ouachita Parish, pointed to new testimony throughout a September appeals listening to that such chew mark evaluation introduced by a once-heralded forensics crew is “now not legitimate” and “not scientifically defensible.”
He Was Convicted Based mostly on Allegedly Fabricated Chew Mark Evaluation. Louisiana Desires to Execute Him Anyway.
The unique evaluation got here from forensic dentist Michael West and pathologist Dr. Steven Hayne, whose longtime partnership as state consultants fell below authorized scrutiny after questions emerged concerning the validity of their methods.
Over the previous 27 years, 9 prisoners have been let out after being convicted partly on inaccurate proof given by West and Hayne. Three of these males have been on loss of life row.
Duncan was the final particular person awaiting an execution primarily based on the pair’s work, which Sharp mentioned in his ruling appeared “questionable at finest.”
Different knowledgeable witnesses mentioned that Hayne’s post-mortem and his findings have been “sloppy in observe” and “insufficient total.”
“It’s price noting that the {qualifications} of Dr. Hayne have been missing in sure methods to an extent that known as into severe query” the pathologist’s “knowledgeable designation,” Sharp wrote in his ruling.
Sharp additionally acknowledged in his ruling that he discovered “very compelling” the September testimony of an knowledgeable medical witness who mentioned that the kid’s loss of life was not the results of a murder however of an unintentional drowning.
It stays unclear when — or if — Duncan will stroll free.
Robert S. Tew, district lawyer for the 4th Judicial District, can select to enchantment the choice, retry Duncan on the homicide cost or a lesser offense or settle for the court docket’s ruling and set him free. Tew didn’t reply to requests for remark. Duncan’s authorized crew declined to remark.
Louisiana has a protracted report of convicting and sentencing to loss of life folks later discovered to be harmless. Previously three many years, the state has exonerated 11 folks dealing with execution, among the many highest such numbers within the nation, in keeping with The Nationwide Registry of Exonerations.
Duncan, 56, has maintained his innocence for greater than three many years, whereas prosecutors continued to insist that Duncan dedicated the homicide and needs to be executed directly.
Duncan was babysitting Haley Oliveaux, his girlfriend’s daughter, on the home they shared in West Monroe, Louisiana, on Dec. 18, 1993. He mentioned he had left her alone within the bathtub whereas he washed dishes. Sooner or later, he mentioned he heard a loud noise from the toilet. When he went to verify on Haley, he discovered her floating face down within the water. She was pronounced lifeless just a few hours later.
Whereas Duncan claimed it was a tragic accident, authorities charged him with first-degree homicide after Hayne and West examined the lady’s physique and decided there was proof she was sexually assaulted and deliberately drowned. After about two weeks of testimony in 1998, the jury discovered Duncan responsible and sentenced him to loss of life.
Years later, Duncan’s post-conviction attorneys uncovered proof that was not introduced at trial that, they mentioned, proves his innocence. This features a jailhouse informant who wrote to prosecutors providing to share Duncan’s confession to the crime in what the protection claims was an change for leniency (the informant later recanted his trial testimony); previous head accidents Haley suffered which may clarify her loss of life; and a video during which West may be seen grinding a solid of Duncan’s enamel into Haley’s physique. West later claimed these chew marks, which the protection says the forensic dentist manufactured, have been a match for Duncan’s enamel.
Dr. Lowell Levine, a protection knowledgeable, testified in a September listening to as a part of Duncan’s post-conviction enchantment over the loss of life of his girlfriend’s daughter. He’s quoted in a short summarizing Duncan’s case following his enchantment listening to.
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Hayne died in 2020. West didn’t instantly reply to requests for touch upon the ruling.
West has beforehand mentioned he was merely utilizing what he known as a “direct comparability” approach, during which he presses a mildew of an individual’s enamel straight onto the situation of suspected chew marks as a result of it supplies essentially the most correct outcomes, in keeping with a 2020 interview with Oxygen.com.
West mentioned he now not believed in chew mark evaluation in a 2011 deposition in a unique post-conviction enchantment, saying, “I don’t imagine it’s a system that’s dependable sufficient for use in court docket” and admitted to creating errors in earlier circumstances. However he informed The New Republic in a 2023 interview that his strategies are legitimate as a result of different folks have used them.
On this week’s ruling, Sharp additionally famous the September testimony of Detective Chris Sasser, who investigated Haley’s loss of life. Sasser mentioned there was “no blood, no indicators of wrestle, no cleansing rags and no cleansing brokers” within the toilet or home the place the alleged crime occurred. This undermined the state’s assertion that there was “huge blood loss,” the ruling mentioned.
As well as, Sharp discovered that Duncan’s trial lawyer, Louis Scott, supplied ineffective counsel. Sharp pointed to a witness who testified that Scott did not “examine or current proof that was out there on the time of the trial,” that he didn’t “develop a coherent concept of protection,” and that he did not disclose a battle of curiosity.
Scott’s spouse informed Verite Information and ProPublica that he has suffered vital well being issues together with reminiscence and speech impairment and declined to touch upon the decide’s ruling.
Duncan is amongst 55 folks on loss of life row in Louisiana, although till very not too long ago he and the others weren’t in imminent hazard of being executed because the state hadn’t put anybody to loss of life since 2010 as a result of unavailability of execution medicine. That modified with Landry’s 2023 election.
Landry has made clear his intention to hold out these loss of life sentences as quickly as potential, having not too long ago authorised the usage of nitrogen fuel, a controversial technique allowed in solely three different states.
This cleared the way in which for the state’s first execution in additional than 15 years, as Jessie Hoffman was put to loss of life on March 18 utilizing nitrogen fuel.
