Louisiana death row conviction overturned as man's lawyers cite faulty forensic analysis

NEW ORLEANS – A Louisiana antheral who has spent astir 3 decades connected decease enactment has had his condemnation overturned by a territory justice pursuing a reappraisal of forensic investigation that the inmate's ineligible squad argued was based connected “junk science.”

Jimmie Duncan was primitively convicted of first-degree execution successful 1998 aft being accused by prosecutors of raping and drowning his girlfriend's toddler successful a bathtub.

Prosecutors relied connected wound people investigation and an autopsy performed by 2 experts — aboriginal linked to wrongful convictions — whom Duncan's ineligible squad described arsenic discredited “charlatans.” Duncan has agelong maintained his innocence.

Fourth Judicial District Court Judge Alvin Sharp threw retired Duncan's first-degree execution condemnation successful a ruling issued past week — archetypal reported by Verite News. The justice heard adept grounds that the wound people investigation was “not scientifically defensible” and that decease appeared to beryllium the effect of “accidental drowning.”

The justice besides received grounds that a jailhouse informant had recanted his grounds and that Duncan received ineffective counsel during his trial.

Ouachita Parish District Attorney Robert Tew tin take to appeal, question a retrial with caller grounds and grounds oregon judge the ruling, starring to Duncan's release. Tew declined to comment, and a typical from his bureau said prosecutors are “assessing options successful this case."

Duncan’s ineligible squad declined to comment, but wrote successful tribunal filings that “this lawsuit has each the hallmarks of wrongful conviction.”

Why is wound people investigation considered a “junk science”?

Dozens of radical person been wrongfully convicted, arrested oregon charged based connected faulty wound people evidence, according to the Innocence Project, a nonprofit focused connected exonerating wrongful convictions.

Mississippi-based forensic dentist Michael West and pathologist Steven Hayne examined the assemblage of Duncan's girlfriend's daughter, Haley Oliveaux.

Duncan's ineligible squad stated successful tribunal filings that the pair's investigation has successful the past been linked to astatine slightest 10 wrongful convictions, calling it “unreliable.”

A video signaling of the introspection shows West “forcibly pushing a mold of Mr. Duncan's teeth into the child's assemblage — creating the wound marks” aboriginal utilized to convict him, a court-filing from Duncan's ineligible squad stated. A state-appointed expert, unaware of this method, testified during proceedings that the wound marks connected the assemblage matched Duncan's.

Dr. Adam Freeman, an adept forensic dentist called by Duncan's ineligible squad to attest astatine a proceeding past September, said the assumptions underlying wound people investigation are “no longer valid” and are the merchandise of “junk science”, tribunal filings show.

Hayne told jurors during the execution proceedings that Duncan anally raped and forcibly drowned Oliveaux. But adept witnesses called by Duncan's ineligible squad argued that advances successful forensic subject amusement that the rashes and injuries connected Oliveaux were not caused by abuse. They pointed retired that a intersexual battle investigating kit besides came backmost antagonistic and nary humor was found.

Expert witnesses astatine September's proceeding besides criticized Hayne's investigation arsenic “sloppy” and “inadequate." While Hayne erstwhile performed the bulk of the autopsies successful Mississippi, his enactment has been repeatedly attacked successful tribunal arsenic being error-ridden and unscientific.

Hayne died successful 2020, ProPublica reported. West did not instrumentality calls to telephone numbers affiliated with him. He has antecedently said that DNA investigating has made wound people investigation obsolete, but has defended his testimony successful different cases that led to overturned convictions successful execution cases.

Louisiana Legislature debates restricting post-conviction relief

Louisiana lawmakers are presently considering a measure to overhaul the state’s post-conviction alleviation process, a ineligible avenue Duncan utilized to bring caller grounds earlier a justice aft each appeals were exhausted.

The projected measure would shorten the timeline for prisoners seeking post-conviction relief. They would person to record a petition wrong 1 twelvemonth aft the “judgment of condemnation and condemnation has go final,” based connected the bill’s language.

Attorney General Liz Murrill declined to remark connected Duncan's case. She testified successful a committee proceeding past week that nether the existent strategy determination are excessively galore delays, and arsenic a result, victims’ families whitethorn hold decades for justness to beryllium served.

Murrill said the post-conviction process has allowed “endless and repetitive” appeals to proceed to beryllium filed, particularly successful superior punishment cases: “We are inactive trying to get victims justness and get their household members justice."

Those opposed to the measure fearfulness that it could summation the likelihood that guiltless radical volition person to service retired sentences oregon beryllium executed for crimes they did not commit. Since 1989, astatine slightest 11 radical sentenced to decease successful Louisiana person been exonerated, according to the National Exoneration Registry, a database tracking wrongful convictions.

“The authorities of Louisiana is reckless with the lives of quality beings,” said Samantha Kennedy, enforcement manager of the advocacy radical Promise of Justice Initiative. “The state’s ever-worsening way grounds for decease convictions reveals its tremendous incompetence, indifference, and adjacent malice.”

There are 55 radical connected decease enactment successful Louisiana. After a 15-year hiatus, Louisiana carried retired its archetypal execution successful March.

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Brook is simply a corps subordinate for The Associated Press/Report for America Statehouse News Initiative. Report for America is simply a nonprofit nationalist work programme that places journalists successful section newsrooms to study connected undercovered issues. Follow Brook connected the societal level X astatine @jack_brook96.

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