After nearly three decades on death row, a Louisiana man named Jimmie Duncan was released from prison on Wednesday. Duncan, now in his 60s, was convicted in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux. The case has been shrouded in controversy due to disputed forensic evidence.
Duncan’s release follows a state judge’s ruling that the evidence used to secure his conviction was unreliable and based on discredited bite-mark analysis. Fourth Judicial District Court Judge Alvin Sharp overturned the conviction in April, stating that the expert testimony provided during the trial was “not scientifically defensible.” He further noted that the toddler’s death seemed consistent with an accidental drowning.
Judge Sharp’s decision to grant Duncan bail was influenced by new evidence presented at an evidentiary hearing last year and Duncan’s lack of a previous criminal record. He wrote in his order, “The presumption is not great that he is guilty.” Faulty forensic bite mark analysis has led to numerous other wrongful convictions or charges.
Duncan’s legal team stated that Judge Sharp’s April ruling provided “clear and convincing evidence showing that Mr. Duncan is factually innocent.” They added that Duncan’s release on bail “marks a significant step forward for Mr. Duncan’s complete exoneration.” Duncan was released after posting a $150,000 bond and plans to live with a relative in central Louisiana while his vacated conviction is under review by the Louisiana Supreme Court.
Despite objections from Louisiana Attorney General Liz Murrill, who argued that Duncan should remain incarcerated until the state’s high court reaches a decision, the Louisiana Supreme Court allowed the district court to rule on Duncan’s bail request. This decision paved the way for Duncan’s release.
Since 1973, over 200 death row inmates nationwide, including a dozen in Louisiana, have been exonerated, according to the Death Penalty Information Center. This gives Louisiana one of the highest wrongful-conviction rates in the country. The last death row exoneration in Louisiana occurred in 2016.
During Duncan’s bail hearing, the victim’s mother shocked the courtroom by stating that she now believes Duncan did not kill her daughter. She suggested that the child, who had a history of seizures, likely drowned accidentally. She accused prosecutors and forensic experts of fabricating a lie that has destroyed her family and Duncan’s life.
The prosecution’s case heavily relied on bite-mark analysis and autopsy findings from forensic dentist Michael West and pathologist Steven Hayne, both of whom have been linked to multiple overturned convictions. Defense attorneys presented a video of the autopsy that appears to show West creating the bite marks later attributed to Duncan.
Despite the new evidence, prosecutors are still attempting to reinstate Duncan’s conviction, citing the original 1994 grand jury indictment as a reason for him to remain incarcerated.