A West Monroe man who spent decades on death row is waiting for the Louisiana Supreme Court to decide the next chapter in his case after his conviction was set aside last year.
In December 1993, Jimmie "Chris" Duncan was taking care of his then-girlfriend's 23-month-old daughter, Haley Oliveaux. Duncan told investigators he stepped away from the tub to wash dishes. When he returned, he found Haley unresponsive.
He went to a neighbor's home for help resuscitating the child, but she was later pronounced dead.
Haley's body was sent to forensic pathologist Dr. Steven Hayne, who was based in Mississippi, for an autopsy. Hayne thought he observed bite marks on Haley's body. To investigate further, Hayne called in forensic odontologist Dr. Michael West.
According to court records, Duncan was taken to a local dentist who collected impressions of his teeth so West could compare them to the marks on Haley's body. A video, now sealed by court order, shows West using the dental mold on Haley's body — a technique referred to as direct comparison.
"He takes that dental mold and you can see him pushing and dragging and almost pinching it across Haley Oliveaux's cheek where this mark that previously wasn't there, now is," said Catherine Legge, a documentary filmmaker. Duncan's case is the focus of "The Murder That Never Happened," a documentary Legge produced and directed.
In a brief filed with the Louisiana Supreme Court, Duncan's counsel states, "Dr. West's "direct comparison" of bite mark "matching" — which here is the actual source of any marks — has been entirely discredited since trial because it destroys and distorts evidence" (emphasis in original).
"It is very disturbing what you see on that tape, and it's even more disturbing how many people thought that was acceptable," Legge said.
Court records show Hayne informed investigators bite marks were found on Haley's body and that the marks were made around the time of her death. He also concluded Haley was sexually assaulted.
According to court records, Hayne is deceased. Attempts to reach West by phone were unsuccessful, and messages sent to an email address listed for him went unreturned.
Duncan was convicted of first-degree murder in 1998 and sentenced to death. He has maintained his innocence. Last year, 4th Judicial District Court Judge Alvin Sharp set aside Duncan's conviction.
The state asked the Louisiana Supreme Court to review the decision, arguing the lower court's ruling was "legally erroneous." Steve Tew, district attorney for the 4th Judicial District, and Matilde Carbia, counsel for Duncan, made oral arguments at the state supreme court on April 28.
Tew maintained that Haley was sexually assaulted and pointed to other evidence, including testimony from a jailhouse informant who said Duncan confessed to the crime. Carbia noted Haley's past medical history, arguing she likely suffered a seizure and accidentally drowned. Duncan's counsel also disputes that Haley was sexually assaulted.
Both Tew and Chris Fabricant, director of strategic litigation for The Innocence Project and a part of Duncan's legal team, declined requests for on-camera interviews, citing an ethical rule governing pending cases.
Duncan is now out on bond and awaiting a decision from the state supreme court. If the justices affirm the lower court's decision, Tew said during oral arguments that he plans to retry the case.
Legge's documentary has not been released publicly. It is currently being screened at various locations, with more screenings expected.
"I would love to see the public watch this documentary or others like it and take away—what is my role in making sure that we do have a justice system that responds to this?" Legge said. "Because any one of us could have been Jimmie Duncan. Any of us," she added.
