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217

A Death Row Inmate Was Released on Bail After His Conviction Was Overturned. Louisiana Still Wants to Execute Him. (www.propublica.org)

submitted 3 days ago by HellsBelle@sh.itjust.works to c/news@lemmy.world

38 comments fedilink hide all child comments

Jimmie “Chris” Duncan walked out of the Ouachita Parish Correctional Center and into the arms of his parents last week after spending the last 27 years on death row.

Seven months ago, a Louisiana district court judge vacated his murder conviction for killing his former girlfriend’s toddler, citing doubts about the evidence used to convict him. The judge granted bail after multiple legal delays, including an unsuccessful request by prosecutors to the Louisiana Supreme Court to stop his release. Now free, Duncan spent Thanksgiving with his family — then celebrated his 57th birthday the next day.

But Duncan’s journey to freedom is far from over. Prosecutors have asked the state Supreme Court to reinstate his death sentence. Duncan’s attorneys declined to make him immediately available for an interview.

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[–] SaraTonin@lemmy.world 45 points 2 days ago

In 1998 Marcellus Williams was convicted of murder. During the appeals processes it was found that he was not a match for any of the copious forensic evidence at the crime scene. He was convicted entirely on the testimony of two people with long records of lying to authorities and who stood to gain leniency in prosecutions for unrelated matters in exchange for their testimony. The prosecutor and the victims family spoke out against the push to execute him, in light of the exculpatory evidence.

It was ultimately determined that being innocent wasn’t a good enough reason not to execute, and he was killed in September of last year. 22 years in prison and then executed despite no evidence he committed the crime and strong evidence that he didn’t.

If being provably innocent isn’t enough to stop an execution, then what possibly could be?

[–] tomiant@piefed.social 55 points 3 days ago

"Look, sure, he's 'innocent' in the eyes of the law, but we got the murder machine all set up and ready to go, tho"

[–] Zer0_F0x@lemmy.world 63 points 3 days ago (2 children)

But moooom I wanted to kill that man because I like the feeling of power it gives me, it's not faiiiiir

-The prosecutors, probably

[–] Mirshe@lemmy.world 20 points 3 days ago (1 children)

Basically they're terrified that this might open doors. That's almost always what it is. They're scared that someone might start asking questions about OTHER cases and saying "hey, what if those were wrongfully decided as well?". A lot of states love executing people who are problematic - poor people, people of color, mentally disabled people - because it's easier for police to pin literally whatever on them in order to clear up a backlog or to make themselves look competent.

[–] BarneyPiccolo@lemmy.today 1 points 2 days ago

They're executing them at an accelerated rate these days, especially in Florida. DiSantis' term is up in 2026, and he wants to have all the fun, and leave his successor with nobody left to kill, or release.

I also think MAGA govs might be worried that when the Dems take over in 2026 and 2028, they'll do a Federal ban on Capital Punishment, so they got to get all these guys killed ahead of that.

[–] tomiant@piefed.social 7 points 3 days ago

Well there goes MY re-election!

[–] Socialjusticewarrior@lemmy.world 25 points 3 days ago

Uhh. This is crazy. I'd be gone.

Hello South America.

[–] Skankhunt420@sh.itjust.works 28 points 3 days ago

If I was him I would gtfo out of the entire united states.

[–] bitjunkie@lemmy.world 14 points 3 days ago (3 children)

He was exonerated and still had to pay bail to get out?

[–] village604@adultswim.fan 12 points 3 days ago

He wasn't exonerated. A conviction being vacated is basically like a mistrial after the fact, and the state can charge and prosecute you again.

[–] dogslayeggs@lemmy.world 5 points 3 days ago

Exonerated might not be the correct term. His murder conviction was vacated and death sentence set aside, which is different from saying he is exonerated.

[–] Socialjusticewarrior@lemmy.world 1 points 3 days ago

Could have been a PR bond.

[–] aeronmelon@lemmy.world 21 points 3 days ago (1 children)

This is the kind of thing underground railroads are for.

[–] tomiant@piefed.social 5 points 3 days ago

I'll bring the machine guns to guard the perimeter.

[–] ohulancutash@feddit.uk 16 points 3 days ago* (last edited 3 days ago) (2 children)

The two justifiable cases for the death penalty

All Violent crimes committed by members of the military.

Prosecutors where an executed individual has been subsequently vindicated.

Both mandatory minimum sentences. That is all.

[–] cerebralhawks@lemmy.dbzer0.com 3 points 3 days ago (2 children)

So, you would give the death penalty to a prosecutor who has sought justice but condemned an innocent man to death?

That seems somewhat reasonable, actually.

...But not someone who raped and drowned a 23-month-old girl in his care? Assuming he actually did that, of course.

I've always believed in death penalty for sex abuse of minors (and especially preteen/younger kids). I won't debate it because I understand the arguments that capital punishment has no place in civilised society and all that.

[–] meco03211@lemmy.world 12 points 3 days ago (2 children)

Assuming he actually did that, of course.

This is one of the main points. Whenever the death penalty comes up, proponents like to use what I call the "ultimate evil". They propose some criminal that's guilty of all the worst things they can throw at it (rape, child rape, murder, torture, etc). Then ask rhetorically if that person should be put to death. It's easy to defeat that argument by asking, "After that person is dead, it's uncovered that they were innocent (like actually innocent, not some technicality or only guilty of a lesser crime like manslaughter) and the victim of some elaborate framing by a massively corrupt system. Are you still happy with the outcome?" I'll be one of the first to say there are people in the world that deserve to die. I can name the certain acts too that I'm sure many would agree with and maybe some that less agree with. But then who carries out the act? And are you willing to put 100% trust in them that they get it right every single time?

[–] SacralPlexus@lemmy.world 13 points 3 days ago

You reminded me of this wisdom from Gandalf:

Many that live deserve death. And some that die deserve life. Can you give it to them? Then do not be too eager to deal out death in judgement. For even the very wise cannot see all ends.

[–] Mirshe@lemmy.world 6 points 3 days ago

Pretty much why I'm anti-death-penalty in all cases. The state shouldn't be allowed to deal death as a punishment, because there's too much at stake. You can't un-kill someone if you get things wrong, and prosecutors have a vested interest in, at the very least, not being wrong. Being right doesn't matter, but being wrong can cost you your position or your credibility within the legal field. Killing the defendant wraps things up nicely because a corpse can't defend itself, and it can't say "I wasn't there" or "I had nothing to do with this", it can't plead its own innocence - so you can put whatever words you like into their mouths and it plays perfectly with a jury.

[–] Taleya@aussie.zone 3 points 3 days ago (1 children)

You really dovetailed into the sex offences here.

We are talking about a man who was literally exonerated due to the primary evidence used for prosecution being absolute horseshit. The girl's mother has also flat out said "he did not do that".

Please remember that

[–] cerebralhawks@lemmy.dbzer0.com 1 points 2 days ago (1 children)

Just going from the article.

The article said he was exonerated because the bite matching science was bunk. But she wasn't killed by biting, she was killed by drowning, so I'm not sure where the bite even came into play.

They never said he didn't rape or kill that baby. Just that he didn't bite her.

The girl's mother wasn't there. She left her baby alone with this guy. She doesn't think he'd do that because, as is commonly the situation (and thus, this becomes speculation), she lacked the self-confidence to meet a man who wasn't a child predator. That's one thing child predators do. They seek out poor women with low self esteem who have children who are a burden to them. "Oh yeah I'll stay at home with your child while you go to work," they say. They don't have to work, and they have free access to the child? Win-win in their book. Of course the guy treats them well, they give him all he wants. Many of them even excuse the abuse, they'll say their child seduced their man, their child was jealous, or the abuse isn't that bad, or whatever. Happens all the time. Again, speculation here but it is pretty common.

[–] Taleya@aussie.zone 2 points 2 days ago* (last edited 2 days ago)

You are again building an entire scenario out of whole cloth - and worse, convinced yourself is the only possibility

If you read up a bit more there's further information that supports the conclusion - reached by Judge Sharp - of accidental drowning

[–] tomiant@piefed.social 1 points 3 days ago (2 children)

Treason.

That's the one. If you fight your own country from within, that's treason. Death by hanging.

[–] disconsented@lemmy.nz 2 points 2 days ago (1 children)

I see this as the same allowing prisoners to vote, it protects against governments passing rules to unfairly criminalise something.

[–] snooggums@piefed.world 1 points 2 days ago

Agreed, and legal systems that deny anyone the right to vote are not democracies.

Prisoners are members of society and therefore have the right to vote in any democracy. Even treason and mass murder do not justify removing their right to vote. The only scenario where prisoners voting would have a disproportionate impact are are prisons in low population remote locations, which could easily be worked around by their residency being based on their location before incarceration.

[–] arbo@lemmy.world 5 points 3 days ago (1 children)

not to get in the way of ur patriotic fervor, but what constitutes fighting here

[–] tomiant@piefed.social 2 points 3 days ago (1 children)

In the broad sense.

[–] funkless_eck@sh.itjust.works 3 points 3 days ago (1 children)

so like voting for the other guy?

[–] tomiant@piefed.social 1 points 3 days ago

Look I am all about armed revolution, allegedly, so.

[–] RampantParanoia2365@lemmy.world 0 points 3 days ago (1 children)

Death penalty aside, leaving a toddler alone in a bathtub is really bad. And if it were my child, I'd just kill the guy myself.

[–] syreus@lemmy.world 5 points 2 days ago

And if I were on a jury I'd put you in prison for however long it takes for a team of therapists to agree you felt remorse and could be rehabilitated.

If you left your child with him it could be argued you share in the blame. If you had any inkling that he wasn't capable.

We waste so much money punishing people and so little on helping people heal and grow. Vengeance is no salve despite what Hollywood would have you believe.