The Louisiana Supreme Court has affirmed a trial court's decision to set aside the death row conviction of a West Monroe man.
Jimmie "Chris" Duncan was convicted in 1998 for first-degree murder in the death of his then-girlfriend's 23-month-old daughter, Haley Oliveaux. However, evidence used to convict Duncan, such as bite mark analysis, has come under scrutiny in the time since. Last year, a trial court judge set aside Duncan's conviction and he was later released on bond.
The Ouachita Parish District Attorney's Office asked the state supreme court to hear the case, arguing that the trial court's decision was "legally erroneous". Attorneys for both sides made their arguments at the state supreme court on April 28.
In the opinion issued Monday, Justice Cade Cole wrote :
"The trial court did not abuse its discretion in finding that Duncan presented new, reliable, and noncumulative evidence which, when viewed in light of all relevant evidence, proves by clear and convincing evidence that no rational juror would have found him guilty beyond a reasonable doubt of first degree murder had the new evidence been presented at trial."
The opinion further stated:
"The confluence of the unique facts presented at the post-conviction hearing together with the undisputed inconsistencies in the state’s theory served to sufficiently undermine the state’s entire case against Duncan."
KATC reached out to Chris Frabricant, director of strategic litigation for The Innocence Project, who has been involved in Duncan's case post-conviction. Fabricant stated via email Monday afternoon, "I am reading this opinion right now and am flooded with relief and look forward to Mr. Duncan’s full exoneration."
Ouachita Parish District Attorney, Steve Tew, told the justices during arguments at the state supreme court that he intended to retry the case if the trial court's decision were affirmed.
When reached by email and asked about his prior statement, Tew replied "We are weighing our options now."
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