Once Upon a Time and the Story So Far
It is, in its way, the continuing madness of a long American obsession with crime and punishment; the convict is absolved but the state still wants him dead and apparently has a double-jeopardy option despite the Constitution. The tough-on-crime crowd are always so distressed when it turns out someone is innocent; it only increases their demand to see someone punished, anyway.
And, let's face it, this is Louisiana we're talking about. This is #WhatTheyVotedFor.
But this is also why certain political discourse must be excused from supportability or even simply making sense. If it can't go this way, then you're unfairly silencing the people who want to punish the innocent.
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Notes:
Webster, Richard A. and Kathleen Flynn. "He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?" ProPublica. 31 August 2026. ProPublica.org. 31 August 2026. https://www.propublica.org/article/louisiana-angola-death-row-wrongful-conviction-jimmie-duncan
It is, in its way, the continuing madness of a long American obsession with crime and punishment; the convict is absolved but the state still wants him dead and apparently has a double-jeopardy option despite the Constitution. The tough-on-crime crowd are always so distressed when it turns out someone is innocent; it only increases their demand to see someone punished, anyway.
Duncan had spent the last three decades trying to prove his innocence after a jury convicted him of killing his former girlfriend's toddler. An investigation by Verite News and ProPublica last year showed that prosecutors had relied on key evidence that appeared to be fabricated by a pair of forensics experts whose use of bite mark analysis has since been widely discredited as junk science.
Nevertheless, Louisiana prosecutors continued to argue that Duncan should be put to death. The threat became ever more real as Gov. Jeff Landry began expediting executions, despite the state's track record of convicting and sentencing to death people later found to be innocent. It wasn't until June that the Louisiana Supreme Court threw out Duncan's murder conviction, ruling that the bite marks found on the child's body, the only physical proof tying Duncan to the alleged crime, could not have been made by a human.
Chief Justice John Weimer was so outraged by the prosecution of Duncan that he compared it to 17th-century witch trials. "We now look back at those practices as asinine and absurd" with "no basis whatsoever in logic," he wrote. Some of the evidence against Duncan, he said, was "similarly specious."
The trauma that the state imposed on Duncan as a result of his wrongful conviction continues today. Although Louisiana's top jurist tore apart the state's case against Duncan, the 57-year-old West Monroe native still isn't truly free. Steve Tew, district attorney for Ouachita Parish, where the crime allegedly took place, had warned the justices during an April hearing that he would retry Duncan if the court vacated his conviction. Tew, who did not respond to requests for comment, has said in court that he still believes that Duncan is not only guilty but deserves to be executed. Tew has until next June to decide on a retrial, though his term ends in January and he is not running for reelection.
Until then, Duncan said, he is trapped in limbo, both mentally and financially. He came out of Angola with nothing in the bank and now makes $17 an hour working the night shift at Walmart unloading and stocking freight. While he enjoys the job — he was named employee of the month in June — Duncan said he is barely scraping by.
There is a state restitution program designed to compensate exonerees up to $480,000 over a decade for wrongful convictions, but he is not eligible until either the district attorney decides not to retry him or he is acquitted in another trial, which can take years. And even then, there is no guarantee he will ever be awarded any money. Attorney General Liz Murrill has opposed nearly all applications for compensation, telling lawmakers last year that defending the state against such claims consumes an enormous amount of time and resources and that the fund should be abolished altogether.
"The foreseeable future for me is the year between now and when they can't prosecute me no more. That's the only future I get to play with," Duncan said. "I'm 100% factually innocent, but not 100% free from prosecution."
Nevertheless, Louisiana prosecutors continued to argue that Duncan should be put to death. The threat became ever more real as Gov. Jeff Landry began expediting executions, despite the state's track record of convicting and sentencing to death people later found to be innocent. It wasn't until June that the Louisiana Supreme Court threw out Duncan's murder conviction, ruling that the bite marks found on the child's body, the only physical proof tying Duncan to the alleged crime, could not have been made by a human.
Chief Justice John Weimer was so outraged by the prosecution of Duncan that he compared it to 17th-century witch trials. "We now look back at those practices as asinine and absurd" with "no basis whatsoever in logic," he wrote. Some of the evidence against Duncan, he said, was "similarly specious."
The trauma that the state imposed on Duncan as a result of his wrongful conviction continues today. Although Louisiana's top jurist tore apart the state's case against Duncan, the 57-year-old West Monroe native still isn't truly free. Steve Tew, district attorney for Ouachita Parish, where the crime allegedly took place, had warned the justices during an April hearing that he would retry Duncan if the court vacated his conviction. Tew, who did not respond to requests for comment, has said in court that he still believes that Duncan is not only guilty but deserves to be executed. Tew has until next June to decide on a retrial, though his term ends in January and he is not running for reelection.
Until then, Duncan said, he is trapped in limbo, both mentally and financially. He came out of Angola with nothing in the bank and now makes $17 an hour working the night shift at Walmart unloading and stocking freight. While he enjoys the job — he was named employee of the month in June — Duncan said he is barely scraping by.
There is a state restitution program designed to compensate exonerees up to $480,000 over a decade for wrongful convictions, but he is not eligible until either the district attorney decides not to retry him or he is acquitted in another trial, which can take years. And even then, there is no guarantee he will ever be awarded any money. Attorney General Liz Murrill has opposed nearly all applications for compensation, telling lawmakers last year that defending the state against such claims consumes an enormous amount of time and resources and that the fund should be abolished altogether.
"The foreseeable future for me is the year between now and when they can't prosecute me no more. That's the only future I get to play with," Duncan said. "I'm 100% factually innocent, but not 100% free from prosecution."
And, let's face it, this is Louisiana we're talking about. This is #WhatTheyVotedFor.
But this is also why certain political discourse must be excused from supportability or even simply making sense. If it can't go this way, then you're unfairly silencing the people who want to punish the innocent.
____________________
Notes:
Webster, Richard A. and Kathleen Flynn. "He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?" ProPublica. 31 August 2026. ProPublica.org. 31 August 2026. https://www.propublica.org/article/louisiana-angola-death-row-wrongful-conviction-jimmie-duncan
