DNA clears death row inmate after 15 years

A 38-year-old man wrongly convicted of raping and killing his 14-year-old step-cousin in 1997 was released Friday from Louisiana’s death row after his confession was determined to be false and DNA tests found him to be innocent.

Damon A. Thibodeaux was released about 12:30 p.m. after spending 15 years on death row at the Louisiana State Penitentiary at Angola, said Pam Laborde, a spokeswoman for the Louisiana Department of Corrections.

Thibodeaux was sentenced to death by lethal injection in the raping, beating and strangling of Crystal Champagne.

In a statement, Thibodeaux said he was grateful to Jefferson Parish District Attorney Paul Connick Jr. and “his people for studying my case and for their commitment to justice.”

“I’m looking forward to life as a free man again,” he said. “But I have great sympathy for the Champagne family that lost their daughter and sister. I sincerely hope that the person who murdered her is found and tried.”

Prosecutors said the investigation into Champagne’s murder continues.

Barry Scheck, co-director of the Innocence Project, said Jefferson Parish prosecutors and Thibodeaux’s defense lawyers worked together to analyze the evidence against Thibodeaux and concluded that he made a false confession.

Scheck also said DNA tests on the clothes Thibodeaux was wearing at the time of Champagne’s slaying found no trace of her DNA and a wire broken off and used to strangle the girl found no trace of his DNA.

Champagne was last seen alive July 19, 1996, when she left her family’s apartment in Westwego to go to a nearby supermarket. Her body was found the next evening along the Mississippi River levee in Bridge City. Thibodeaux helped in the search.

Thibodeaux, an offshore worker, was on friendly terms with Champagne and was visiting her family during a break from his job, according to a newspaper report at the time of his arrest.

Thibodeaux confessed to the murder after a nine-hour interrogation, which the Innocence Project said became “virtually the sole basis for his conviction and death sentence.”

In 1999, the Louisiana Supreme Court upheld Thibodeaux’s sentence, and the U.S. Supreme Court did in 2000. In his pleading to the U.S. Supreme Court, he argued that sheriff’s deputies had bullied and hypnotized him into confessing. His appeal alleged 54 errors in the trial.

Connick said his expert forensic psychiatrist Michael Welner, of The Forensic Panel, concluded the confession was false.

Welner said Thibodeaux confessed falsely “under an unremarkable police interrogation.”

He said Thibodeaux’s “acute guilty feelings and expression” was illustrative of how suspects can be led into making false confessions.

“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,” he said.

The Innocence Project said the review of Thibodeaux’s case also revealed that Champagne had not been raped and that she had not been murdered in the manner described by Thibodeaux in his confession.

Defense attorney Steve Kaplan said Thibodeaux’s false confession was “a tragic illustration” of why police officers should be required to videotape interrogations. He said juries need to be shown entire interrogations to determine “whether it’s truthful and reliable not only in light of the interrogation methods used in obtaining the confession, but also in light of other evidence that contradicts or disproves the confession.”

Denise LeBoeuf, director of the ACLU’s Death Penalty Project which worked on Thibodeaux’s case, said Louisiana should consider a moratorium on executions in light of Thibodeaux’s case.

“There can be no stronger argument against capital punishment than the condemnation of a truly innocent man,” LeBoeuf said. “Louisiana citizens should demand a moratorium on executions until they can be assured that there are no more miscarriages of justice like the one that occurred in this case.”

Since 2000, six people have been exonerated from Louisiana’s death row, the Innocence Project said. Scheck said Thibodeaux was the 18th death row inmate in the United States to be exonerated by DNA.

Henry James, 50, and Rickie Johnson, 57, understand exactly what Thibodeaux is experiencing. Both men were wrongfully convicted of aggravated rape and spent decades in Angola until being freed through DNA testing, just like Thibodeaux. Although both of them said it was difficult rejoining a world that seemed to have moved forward by leaps and bounds since their incarceration, each man handled that adjustment process differently.

James, a Westwego resident who was released less than a year ago after spending 30 years in prison, said he struggled with anger and frustration when he was released, and he couldn’t understand how the justice system allowed it to happen to him. He felt like he’d been railroaded into prison by law enforcement officials who had no interest in finding the truth.

“That’s not justice,” said James, adding that he’s slowly been able to move on with his life with the help of his wife. “What I’m concerned about is the way it happened ... I had to adjust and recondition my mind to allow me to be better.”

Johnson echoed the same concerns about the justice system, but said he refused to let anger ruin his freedom. Johnson was convicted in 1981 and released in 2008, and he said he’s still trying to shake some of the habits he picked up while incarcerated so he can adjust to life on the outside. However, he said when he was incarcerated, he promised himself he would never let himself become a victim of the system, and that’s what’s allowed him to move forward without any bitterness.

“When I left Angola, I just left Angola behind,” Johnson said.

Advocate New Orleans bureau
reporter Allen Powell II
contributed to this report.


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Comments (11)


1) Comment by zealer99 - 29/09/2012

The police have developed some very good interrogation techniques but sometime those techniques yield results that are not valid. It isn't necessarily people who are slow, people who are emotionally or socially immature are prone to admit to things out of a sense of cooperation or to seek approval. "It would turn out much better for everybody if we brought some closure to this situation, so if you would tell me what happened, we could move on." and the person either admits to something he didn't do or says he saw something that he didn't see to bring closure. It doesn't work out wrong most of the time but is can help the conviction rate.

2) Comment by twinkie1cat - 29/09/2012

I wonder if this man could be slow or learning disabled and therefore was taken advantage of under interrogation. It is very easy to manipulate a slow person. Atilla, you made good sense for once in your life. The police need to always, without exception, be videotaped during interrogation and the sessions limited to no more than two hours in any 24 hour period. In addition, if the video is lost or altered, any evidence gained through it should be thrown out. Anyone as sadistic as the police can be must be closely regulated. This is another tragedy of a life lost and should be yet another clarion call for elimination of the death penalty as well as automatic life sentences without parole. I hope the state comes up with a lot of money for him immediately. Take it from Bobby Jindal's executive branch budget since he seems to have plenty to pay unnecessary staff.

3) Comment by CitizensArrest - 29/09/2012

I think you are misinterpreting my position. I have no qualms with those actually guilty of being put to death, but the state has proven that they are incapable of that task. So the state should be relieved of that ultimate ability. As you said, the truly guilty will be judged by God in due time. If the families of victims have to wait an extra 20 years for that and can't get their vengeance, so be it.

4) Comment by Chucky - 29/09/2012

@CitizensArrest- 'innocent man being executed.' i agree, but the guilty should be sent to god for finale judgment and to satisfy those of the victims family ( and on principle the State) who are not allowed to act on their own. A humane death will be more than the victim received and will keep people from taking the law into their own hands. Cry for the innocent not the guilty.

5) Comment by tdouzat - 29/09/2012

after so many years, the perpatrator could be long gone by now or decreased....I can't imagine someone speeding that much time on Death Row and not feeling the consequencs of innocence..

6) Comment by CitizensArrest - 29/09/2012

Attila, police coerce false confessions all the time. And it happens in capital cases all the time. Because you can't understand it doesn't mean it doesn't happen with people that aren't mental defects as you so eloquently put it. Chucky, one innocent man killed by the state is too many. The state has proven they don't always get the right man. No amount of bloodlust by a victims family can justify the end result of an innocent man being executed.

7) Comment by Chucky - 29/09/2012

@CitizensArrest – I believe in blood lust and as a civilized person living in society have given my right up to seek revenge on my own by killing the rapist or murderer of my wife, children and friends and have trusted the legal system to act on my behalf. When that system fails to act on my behalf I feel justice has not been done and thus civilization has failed. I believe in the death penalty, I just want the right person killed.

8) Comment by CitizensArrest - 29/09/2012

Upser, I understand that you don't understand how someone would admit to something they didn't do, but at least you attempt to qualify it with the fact that you've never been interrogated. After being subjected to 9 hours of professional interrogation full of false promises, lies and other psychological manipulation, most people will agree with anything out of exhaustion. Chucky, this is my main problem with the death penalty. Innocent people are executed by the state. It's not a detergent and is an expensive way to satisfy public bloodlust. At least with life in prison the innocent have a chance at redemption.

9) Comment by Attila - 29/09/2012

The fact that his DNA did not appear on the murder weapon or clothes of either him or the victim does not mean that he did not commit the crime. Someone who confesses to a capital crime that he did not commit has got to be mentally deficient. He needs to be evaluated asap, and either treated or confined.

10) Comment by upser22 - 29/09/2012

I've never been interrogated but for the life of me I will never understand why someone would admit to something like that when they are innocent.

11) Comment by Chucky - 29/09/2012

Six and that only from 2000, beginning to rethink the death penalty, not that i don't believe in it, only that the courts get it wrong.