Joint release from Innocence Project and Jefferson Parish District Attorney
New Orleans - Damon A. Thibodeaux, who has been on death row in Louisiana since 1997 for allegedly murdering and raping his 14-year-old step-cousin, Crystal Champagne, was ordered released September 27, 2012, by a Jefferson Parish District Court. District Attorney Paul Connick, Jr. joined the Innocence Project and Thibodeaux's other counsel in agreeing to overturn Thibodeaux's conviction and death sentence after his confession to police was determined to be false.
Crystal Champagne's family last saw her alive on the late afternoon of July 19, 1996, when she left the family's Westwego Apartment for a Winn-Dixie at the nearby strip mall. When she did not return home as expected, her family, several friends, and law enforcement began a search for her that ended on the following evening with the discovery of her body along the levee in Bridge City. That same evening, law enforcement began interrogating and interviewing potential witnesses, including Damon Thibodeaux. After a lengthy interrogation, and a failed polygraph, he provided a confession to raping and murdering the victim. That confession was the primary basis for his conviction and death sentence in October 1997.
"There is no question that Mr. Thibodeaux has suffered terribly because of his confessing to a crime he did not commit," said Barry Scheck, Co-Director of the Innocence Project, which is affiliated with the Cardozo School of Law. "District Attorney Paul Connick and Jefferson Parish Sheriff Newell Normand are to be commended for their cooperation, diligence, and commitment to justice in this difficult case. Hopefully this case can serve as a model to other law enforcement agencies around the country who are interested in developing conviction integrity units to review old cases."
Thibodeaux, age 38, echoed that sentiment, adding that "I'm grateful to Mr. Connick for studying my case and for his commitment to justice. I'm looking forward to life as a free man."
Thibodeaux's legal team included Denise LeBoeuf and Caroline Tillman of the Capital Post-Conviction Project of Louisiana (Ms. LeBoeuf is currently Director of the ACLU's Death Penalty Project and Ms. Tillman is now an attorney with the Capital Appeals Project in New Orleans), Barry Scheck and Vanessa Potkin of the Innocence Project, and Steve Kaplan and Richard H. Kyle, Jr., of the Fredrikson & Byron law firm in Minneapolis. Assisted by several DNA and world-class forensic scientists, homicide and police interrogation methods expert, Thomas Streed, PhD, and private investigators, they obtained compelling evidence that strongly suggested Thibodeaux was not the murderer.
In 2007, Thibodeaux's team approached Mr. Connick and his staff, and presented the then-known evidence suggestive of actual innocence. Both sides then began a joint, cooperative, and transparent process that included mutual exchanges of evidence and investigatory findings. Mr. Connick was assisted primarily by First Assistant District Attorney Stephen Wimberly and Chief Investigator Vince Lamia, who reviewed the evidence and actively participated in both the joint investigation and the District Attorney's own review of the case. Sheriff Normand and his staff participated at each stage of the process and provided invaluable assistance to the District Attorney.
During the course of this joint investigation, the parties conducted multiple rounds of DNA and forensic evidence testing of the crime scene and other physical evidence and interviewed numerous fact witnesses. In addition, Mr. Connick consulted with Dr. Michael Welner, a preeminent forensic psychiatrist and Chairman of The Forensic Panel, who has nationally recognized experience in assessing disputed confessions. After a thorough review of the entire case file, including the results of all forensic testing, other information not previously examined, interviewing Mr. Thibodeaux and all pertinent witnesses, Dr. Welner concluded the confession was false. He submitted a 53-page report to the District Attorney detailing the basis of his findings.
Mr. Connick noted that, "As District Attorney, it is my duty to make every effort to ensure that convictions are based on reliable evidence. I have concluded that the primary evidence in this case, the confession, is unreliable. Without the confession the conviction cannot stand, and therefore in the interest of justice, it must be vacated. At this time, our collective thoughts are with the Champagne family, who has suffered a grievous tragedy. This case remains open and, in keeping with office policy, there will be no further comment."
"We share the District Attorney's passion in protecting the integrity of the criminal justice system and appreciate the opportunity to participate with him in this important process," observed Sheriff Normand.
Noted Dr. Welner, "Damon Thibodeaux was a 19 year-old of modest vulnerabilities who confessed falsely under an unremarkable police interrogation. This case illustrates how a suspect's acute guilty feelings and expression and clearly false statements in questioning can snowball with interrogators who would logically interpret these as signs of criminal responsibility. I appreciate Mr. Scheck's, Sheriff Normand's, and Mr. Connick's collective aspirations to involve forensic science in a responsible and definitive way."
Mmes. LeBoeuf and Tillman both noted that, "This journey to freedom was a long time coming. The solitary conditions that Damon was forced to live under as a death row inmate were almost more than he could bear at times, but he never gave up hope that one day he would be free."
Added Steve Kaplan and Pam Wandzel of the Fredrikson & Byron law firm, "Our firm has had the unique privilege of working with Damon and this amazing team of lawyers and professionals for the past twelve years. Cases like Damon's drive us to help those who can't afford lawyers. We're all committed now to help him begin his new life in Minnesota."
Click here for the Jefferson Parish District Attorney's Office press release.
