After Spending 3 Decades on Death Row, A Louisiana Man Has Been Set Free

Summary

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Podcast Summary:

Amy Robach & T.J. Holmes Present

Episode: After Spending 3 Decades on Death Row, A Louisiana Man Has Been Set Free
Date: November 28, 2025

Episode Overview

In this gripping episode, Amy Robach and T.J. Holmes discuss the recent release of Jimmy Duncan, a Louisiana man who spent 27 years on death row for the rape and murder of his girlfriend’s 23-month-old daughter—a conviction now vacated amid powerful evidence of wrongful conviction and forensic misconduct. The hosts use Duncan’s case as a lens to debate the fallibility of the death penalty, the dangers of junk forensic science, and the deep impacts on both the falsely accused and the families of victims.

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Key Discussion Points & Insights

1. Jimmy Duncan’s Release and the Death Penalty (03:14–04:54)

• Duncan spent 27 years on death row in Louisiana for the murder of 23-month-old Haley Olivo.
• The judge has vacated his conviction and allowed Duncan to go home pending further review—a rare move, signaling a lack of compelling evidence.
• The episode frames Duncan's story as a "case for an argument for why maybe...the death penalty should go away" (TJ Holmes, 03:32).

2. Faulty Forensics and a Flawed Conviction (06:04–07:33)

• Duncan was convicted largely due to bite mark evidence presented by two forensic experts later tied to at least 10 wrongful convictions.
• Autopsy video shows a forensic dentist forcibly pressing a mold of Duncan’s teeth into the child’s skin to fabricate bite marks—evidence later used at trial.
• “One of the two scientists forcibly pushing a mold of Duncan's teeth into this little girl's body, creating the bite marks that they then later used to convict him.” (Amy Robach, 07:01)

3. Patterns of Wrongful Conviction in Louisiana (04:46–04:54, 19:56–21:22)

• Louisiana has one of the highest wrongful conviction rates in the U.S., with 12 exonerations from death row.
• Nationwide, over 200 people on death row have been exonerated since 1973.
• "This isn’t something we can reverse. This isn’t something we can say, sorry, we were wrong. When you’re on death row, there’s no taking it back if you have an execution date." (Amy Robach, 20:20)

4. Prosecutorial Resistance and Systemic Barriers (09:44–10:51)

• Local prosecutors are still trying to pursue Duncan, reflecting a reluctance to admit error and financial motives (fear of lawsuits and multi-million dollar settlements for wrongful imprisonment).
• Elected officials often refuse to acknowledge mistakes, even when overwhelming evidence surfaces.
• "We’ve seen people go to the grave swearing that, nope, that person is guilty, and that person ends up being exonerated. ...We, the people...decided this man should die." (TJ Holmes, 11:08)

5. Victims’ Families and the Human Toll (05:08–05:35, 11:37–12:59)

• The mother of the victim, originally convinced by prosecution that Duncan was guilty, now believes her daughter died due to health complications—seizure-induced drowning.
• She publicly condemned the prosecution for “desecrat[ing] my baby’s memory” (Amy Robach, quoting mother, 05:23).
• The emotional devastation is compounded for families who carry grief based on false official narratives.

6. Junk Science in the Courtroom (13:21–14:23)

• The Innocence Project and AP investigation have labeled bite mark evidence “junk science,” linking it to at least two dozen wrongful convictions.
• "The Innocence Project said bite mark evidence is junk science... there’s no more prejudicial type of junk science that exists than bite mark evidence." (Amy Robach, 13:54)
• There’s a push to eliminate such evidence from legal proceedings due to its unreliability.

7. Legal Aftermath and Life Post-Release (22:14–23:59)

• Duncan is free, living with relatives, but still awaits Louisiana Supreme Court’s final decision.
• The hosts discuss the mental toll of waiting, possibility of a lawsuit, and broader implications for the justice system.
• "If I could tell him anything, man, stay in the moment today you got, today you're not behind bars. And that's all. And that's really all you can do." (TJ Holmes, 23:34)

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Notable Quotes & Memorable Moments

• “We nearly killed this man. And when you start to read how he got convicted, it will make your blood boil.”
  — Amy Robach, 03:48

• “The horror story that they put out and desecrated my baby’s memory makes me infuriated.”
  — (Mother of the victim, via Amy Robach, 05:23)

• “The judge said you can go home while we figure the rest of this out... The presumption is not great, that he is guilty. That is a powerful, powerful statement.”
  — Amy Robach, 09:44/09:51

• “We were just about to get this one wrong, man.”
  — TJ Holmes, 04:56

• "You're talking about millions and millions and millions of dollars in lawsuits and judgments against you.”
  — Amy Robach, 10:35

• “This isn't something we can reverse... When you're on death row, there's no taking it back if you have an execution date.”
  — Amy Robach, 20:20

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Timestamps for Key Segments

| Segment Topic | Host(s) | Timestamp | |--------------------------------------------|------------------|----------------| | Episode introduction, context | Both | 03:14 | | The conviction and release of Jimmy Duncan | Amy & TJ | 03:44–04:54 | | Prosecutorial resistance | Both | 09:44–10:51 | | Fabricated bite mark evidence | Amy | 06:04–07:33 | | Human cost and mother’s statement | Amy | 05:08–05:35 | | Problems with bite mark forensics | Both | 13:21–14:23 | | Nationwide and Louisiana exoneration stats | Amy | 19:56–21:22 | | Emotional impact and legal limbo | TJ & Amy | 22:14–23:59 |

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Conclusion & Tone

Amy Robach and TJ Holmes maintain a deeply empathetic, candid, and at times outraged tone—questioning not only the reliability of forensic methods but also the very morality of the death penalty in an imperfect, error-prone system. They emphasize the irreversible damage done to both falsely accused individuals and grieving families, urging reform and a reevaluation of policies that enable such miscarriages of justice.

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This episode stands as a powerful argument against both the use of unreliable forensic science in capital cases and the inflexibility of the justice system once it goes astray—a must-listen for those concerned about wrongful convictions and the human cost of the death penalty.

Transcript

[Amy Robach]

This is an iHeart podcast. Guaranteed Human.

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[Amy Robach]

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[TJ Holmes]

Hey there everybody. It is Friday, November 28, and a man in Louisiana spent Thanksgiving at home with family for the first time in 30 years. Where has he been all that time? Death row. And with that welcome to this episode of Amy and TJ Robes. We have been covering a whole bunch of executions this year and this is a case for an argument for why maybe some could say the death penalty should, should go away.

[Amy Robach]

Yes. And this is one of a couple we've seen this year where folks have over or at least are on their way to being exonerated, but certainly having their death sentences vacated. And this man, Jimmy Duncan is now free in the state of Louisiana. We nearly killed this man. And when you start to read how he got convicted, it will make your blood boil and your heart will go out to not only Jimmy Duncan, but the mother of, of the young girl he was convicted of killing.

[TJ Holmes]

And as we're saying, as we're saying all this though the, the, the other side, the prosecutors still think this dude should be in jail.

[Amy Robach]

Yes.

[TJ Holmes]

And are still fighting. They were fighting to keep him there. But the judge said you can go home while we figure the rest of this out. But the judge essentially saying now from what I'm saying, it doesn't look like there's a preponderance of evidence that you're going to be found guilty. So why don't you just go home while the review continues. This is 30 years this man has been on death row. And who knew Louisiana is notorious for this.

[Amy Robach]

Exactly.

[TJ Holmes]

So this is not the first time we've seen something like this in Louisiana for sure. But this is a case. Jimmy, how many years? 30 years.

[Amy Robach]

27 years. Exactly. He was on death row.

[TJ Holmes]

Okay. So we've been doing these stories. That was another one. 37, 38 years on death row. And maybe this is why we do all the reviews. Maybe this is why it takes decades so we make sure we get it right. But we were just about to get those wrong, man.

[Amy Robach]

And I'm telling you at his, he had a, he had a bond hearing this week. Again, this was his ex girlfriend from way back when. The mother of the 23 month old little girl who died in her bathtub. She Said this about prosecutors on a microphone in open court. The horror story that they put out and desecrated my baby's memory makes me inferior. Infuriated.

[TJ Holmes]

Yeah. I mean, you're. All these years you've been honoring in some way or mourning your child based on a tragedy, based on a monster, based on this thing that happened. Yes. That. That's a part of a memory you will have and a part of how you continue to go about your life. You would go about it differently if you thought your child died in an accident versus was taken by a murderer. This is 30 years of these people's lives that they say the prosecution, the government has taken from them.

[Amy Robach]

Yes. And specifically two forensic scientists. This story is incredible when you start to hear the details. So Jimmy Duncan was convicted of first degree murder. This happened back in 1998. Prosecutors said he raped and drowned 23 month old Haley Olivo, that is the daughter of his then girlfriend. Duncan maintained his innocence from the beginning. He claims that he briefly stepped away from this little girl in the bathtub and when he came back, he saw that she had gone under. He says he gave her CPR as much as he could, then ran to neighbors to get help immediately. But what happened next was his undoing in terms of prosecutors, detectives coming in and making all sorts of assumptions when they took that little baby's body in for an autopsy. And basically the expert testimony at his trial. There were two forensic scientists, and we'll get into these two people because they are notorious at this point now. But these experts were later linked to at least 10 wrongful convictions. But he was basically convicted because they claimed there were bite marks on this little girl's body. But there is video that had surfaced, a recording of the autopsy that shows these. One of the two scientists forcibly pushing a mold of Duncan's teeth into this little girl's body, creating the bite marks that they then later used to. To convict him with.

[TJ Holmes]

Okay, this is where I get confused because there's an argument that this was some method that is used to examine or match, if you will, bite marks. I don't understand that at all. But the argument here, what you described there, and as with this video, you're talking about a man being framed for murder and ending up on death row. That can't happen.

[Amy Robach]

Correct? Correct. And speaking of these two, one of these pathologists and forensic dentists, one of them has already since passed away. But When I said 10 wrongful convictions, I read about this and it's just remarkable to see that these two were and have been accused of doing this in multiple, in multiple cases, specifically in the south. Louisiana, Mississippi. This pair's testimony led to two Mississippi men serving a combined three decades in prison for rape and murder, a very similar situation. And DNA evidence later, decades later, cleared them of the crime. So it was a rush to try and pin a murder on someone. And these two men had been doing it for decades. And there are so many cases attributed specifically to these two men. And so the judge threw out this conviction. 27 years later, again, this man was on death row.

[TJ Holmes]

Yeah, he hasn't, I don't know how, what the next legal move is, but he has not been exonerated. This is a guy they could still try to go after. At least they're saying they're trying to still go after. But there's a lot of legal review. I, I thought it was interesting. The judge must have felt strongly enough about it that this is a guy who was still under investigation for the murder of a child, at least according to the government, according to prosecutors. And a judge said, as heinous as that accusation sounds, the stuff in front of a judge made him feel strongly enough. You know, a judge doesn't want to. Hell, the judge wouldn't put Diddy out.

[Amy Robach]

This is so rare that this would happen.

[TJ Holmes]

So a guy who has been accused of murdering a 23 month old, a judge says, I'm okay with him going home.

[Amy Robach]

Correct.

[TJ Holmes]

While you continue to figure this out, that's a pretty strong indication of the case in front of him.

[Amy Robach]

Yes, his exact wording was the presumption is not great, that he is guilty. That is a powerful, powerful statement. And Duncan's attorneys said that there is clear and convincing evidence showing that Mr. Duncan is factually innocent. So, you know, you've got two powerful people here. And so, yes, this Louisiana Supreme Court is still reviewing his case because the prosecutors are not letting this go. And look, we see this happen. You have a conviction and a lot of these are elected officials in some of these positions, Attorney general, et cetera. They don't want to admit fault, they don't want to admit wrongdoing. They don't want to admit that they put someone in or behind bars on death row for a crime they didn't commit. Not just to save face, but this is financially a situation for the state of Louisiana as well. Because as you might imagine, if you have spent all that time, lost most of your adult life behind bars for a crime you didn't commit by a state, that the accusation is created false evidence to put you There. You're talking about millions and millions and millions of dollars in lawsuits and judgments against you.

[TJ Holmes]

Okay, fine, we got it wrong. But I'm not gonna fight to save millions of dollars so I can keep an innocent man in jail. That's just not what we do. Now. It's human nature. We've seen this with plenty of elected elected officials and law enforcement. You don't want to admit to that mistake. We've seen people go to the grave swearing that, nope, that person is guilty, and that person ends up being exonerated. We've. This happens, and that's human nature. That's fine. We got to get over and get past that. When you talk about a man's life, yes. This is not just time behind bars. We. We, the people, at least the people in Louisiana, decided this man should die. So this is beyond just having a guy in jail for a wrongful conviction. We're about to kill a guy.

[Amy Robach]

Yes, exactly. Exactly.

[TJ Holmes]

We need to get this one right.

[Amy Robach]

So what does this little girl's mother and what do the defense and perhaps even the judge believe happened to little Haley? Well, this is what actually, we understand now. Haley died because she was sick. That is what her mother told the court this week. And that is because she had a history of seizures. And just I believe a few weeks earlier, through some of those seizures had fallen, she had hit her head. She had been in the hospital with skull fractures. So this was a sick little girl. And according to her mother now and other medical professionals, when you have a child who's prone to seizures, putting them in a warm bath can actually trigger more seizures. So it's very likely that when he stepped away. And obviously, we know we're never supposed to step away from a child in a bathtub. It's likely she may have had a seizure and drowned and had nothing to do with Duncan. And so her mother now believes that. But, yes, to your point, you said this earlier to know or to believe that someone who you loved, who you brought into your home, who was your boyfriend, to be told that that person murdered your child, violated your child, and to live with that, and then to find out that that evidence wasn't true, that what prosecutors told this grieving mother wasn't true, the anger you would feel on top of the grief is beyond.

[TJ Holmes]

I don't know if they have an option, and this has happened in the past, but I feel like she should have the right to sue. We've seen inmates get millions of dollars for wrongful convictions. Man, this family should have some kind of recourse, they should have some kind of way to get back the past 30 years. If this is the case, then they were victimized by the government.

[Amy Robach]

Yes. And I. We obviously mentioned these. These two forensic scientists who. There's this video of them putting his dental mold onto this little girl. The AP actually did a review almost more than 10 years ago about bite mark evidence. At least two dozen wrongful convictions have happened because of this way of. I don't really understand it either, babe, like the way why they do this or how they use it. But apparently the Innocence Project said bite mark evidence is junk science. We've seen this in other wrongful conviction cases. We've seen this in other inmates who have been freed just before their scheduled execution. But they're saying this is junk science. And they say there's no more prejudicial type of junk science that exists than bite mark evidence. So their question of the Innocence Project is actually, because of this case and others, really trying to make an awareness campaign about this, why it's allowed in courtrooms still to this day, given all the evidence we see of what it's led to, which is wrongful conviction, there.

[TJ Holmes]

Are plenty of people who will point to this. I can point to some episodes of snapped and whatnot, in which absolutely the people have been convicted because they matched up bite marks. So it's. Yes, I will listen to any expert, but at the same time, I don't know what the balance is and what this method is they use between actual science and. I know that bite marks have absolutely been used in cases. So what were they doing that was different? I just saw the word used method. This method they used as if something they were doing was, at least at the time, legit. And maybe we found out we shouldn't be doing. I couldn't understand what they meant by this method they used. It didn't sound like a method. It sounded like a setup to me.

[Amy Robach]

Yeah, I was floored reading about this and into this. And these are the types of cases that do bring our attention to places where obviously we have some room to grow in our judicial system. And certainly there are a lot of folks who have paid the price for that. When we come back, we're gonna tell you. You mentioned this earlier in the episode about the state of Louisiana, specifically their track record. It is one to pay attention to. And also, we'll tell you what Duncan is going to do now while he awaits that decision from the Louisiana Supreme Court.

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[TJ Holmes]

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[Amy Robach]

That's right.

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[TJ Holmes]

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[Amy Robach]

Continuing our conversation about this latest case out of Louisiana, where Jimmy Duncan, a man who spent 27 years on death row, is now a free man, spent Thanksgiving with his family after he was convicted of raping and murdering his then girlfriend's 23 month old baby. There was a lot to unpack in this case, but a judge felt very, very sure that this was a situation in which this man needed to be released while he awaits whether or not he will be fully exonerated by the Louisiana Supreme Court. But this judge vacated his conviction and set him free again after nearly three decades on death row. Listen to this. Since 1973, more than 200 people on death row have now been exonerated. That is shocking. And in Louisiana, 12 people. It is one of the highest wrongful conviction rates in the nation. So that is something to pay attention to. That we are. This isn't something we can reverse. This isn't something we can say, sorry, we were wrong. When you're on death row, there's no taking it back if you have an execution date. And we have certainly seen that happen posthumously, which is incredibly, it's tragic no matter what. But we can't get it right once we've gotten it wrong. And thank God this man, Jimmy Duncan, was finally given some sort of reprieve.

[TJ Holmes]

Do you have a case? Do you have a case? I'm trying to think of one. It would have been pretty high profile in which we have proven that we killed a guy who was innocent.

[Amy Robach]

Oh, there are cases I just haven't looked up. But, yes, we could do a whole podcast on that.

[TJ Holmes]

Which we probably killed that have been proven after the fact to be innocent and that this country executed someone wrongly.

[Amy Robach]

Yeah, I mean, I don't.

[TJ Holmes]

I'm trying to think. I cannot remember when I figured it'd be very high profile. We talk about the 200 whatnot that have been exonerated after being on death row. Some might point to that as the system working. Some might point to that as, see, we got it right before we made a mistake. Sure, we might have gotten it wrong initially, but all of these checks and balances are in place with all the appeals to make sure we get it right. And look, we haven't been killing people who are innocent. I'm saying the other side could make that argument.

[Amy Robach]

Of course. And certainly people have their strong opinions about the death penalty and whether or not it's effective and whether or not it is just punishment. The problem is we have an imperfect system and we don't have the absolute facts always in cases. And this is exactly an example of that and will point to this. In Louisiana, just two weeks ago, we did an episode on this. We had Calvin Duncan. He had been behind bars for decades. He was not on death row, but he was convicted of murder. He was exonerated and just won an election to serve as the clerk of courts in New Orleans in their criminal court. So you can just see someone can go on to being behind bars for decades and then actually serving our country in a beautiful way. So they got it wrong then, and it looks like they got it wrong on this one as well. So it's just something to remember. Now, as far as Jimmy Duncan, he plans to live with a relative in central Louisiana, and he is going. Can you imagine just waiting to see if you have to go back. I mean, it's possible. We don't know what the Supreme Court is gonna do in the state of Louisiana. He knows that it's possible he could go back. And that's gotta just be such an incredible situation mentally after everything he's already been through, you know?

[TJ Holmes]

But it feels good where he is right now. And if I could tell him anything, man, stay in the moment today you got, today you're not behind bars. And that's all. And that's really all you can do. The suit, the money he is about to go after from these folks, if that is true, that he literally was framed for murder that put him on death row, everybody should be in jail for that.

[Amy Robach]

Yeah. And we mentioned, I totally agree. And everybody, I agree with that. And we mentioned about the bite mark forensic science and it being junk science and certainly the video that shows them putting that dental mold onto the baby. But also there was pretty damning proof that they coerced a jailhouse, you know, a prison inmate to testify against him, who then later recanted what he said and said he was coerced by prosecutors to turn evidence against this man. So there was wrongdoing, it appears from start to finish in this man's case. And we certainly hope Jimmy Duncan had a phenomenal Thanksgiving dinner. And again, I, I feel confident with this because when the baby's own mother who believed her ex boyfriend did this to her daughter is now completely convinced of his innocence, that means something to me and I'm sure it had an impact on the judge as well. So we appreciate you listening to us as always on this Friday. Thank you so much. I'm Amy Robach alongside TJ Holmes. We hope you all have a wonderful weekend.

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Ed and I are inviting you to join the best sounding book club you've ever heard with our new podcast, Irsay The Audible and iHeart Audiobook Club.

[Ed Helms]

Each week we sit down with your favorite iHeart podcast hosts and some very special guests to discuss the latest and greatest audiobooks from Audible.

[Kal Penn]

Listen to hearsay on America's number one podcast network, iHeart. Follow earsay and start listening on the free iHeartradio app today. Ah, greetings from my bath festive friends. The holidays are overwhelming, but I'm tackling this season with PayPal and making the most of my money. Getting 5% cash back when I pay in 4. No fees, no interest. I used it to get this portable spot with jets. Now the bubbles can cling to my sculpted but pruny body. Make the most of your money this holiday with PayPal. Save the offer in the app ends 1231. See paypal.com promoter points can be redeemed for cash and more. Paying for subject to terms and approval.

[TJ Holmes]

PayPal Inc. And MLS 910457 what a.

[Ed Helms]

Matchup we got, y'.

[TJ Holmes]

All.

[Ed Helms]

This is that classic HBCU vibe. Non stop action. The band is rocking and the crowd lit. Chance echo drum beat everybody showing that school pride. A game like this. Yeah, it calls for an ice cold Coca Cola. Ah, crisp and refreshing. That's a game changer right there. Yeah, that taste always hits the right note. Just like the band at halftime. And just like that, we're back at it. Passionate fans, school colors everywhere and an ice cold Coca Cola. That's a winning combo no matter the sport, no matter the yard. Everybody knows fan work is thirsty work. So grab a Coca Cola and keep that HBCU pride going.

[Amy Robach]

This is an iHeart podcast. Guaranteed Human.