EDMOND, Okla. – Earlier this year, an Oklahoma man was found guilty of molesting orphans while on a mission trip to Kenya.
In June, Matthew Durham was convicted on seven counts of molesting young children. The allegations involve six girls and a boy at an orphanage where Durham spent time in 2014.
However, it seems the case is far from over.
On Oct. 2, Durham's attorneys filed a motion for leave, claiming they have found new, important and material evidence in the case.
Defense attorneys claim the new evidence should equate to a new trial.
In the motion for leave, Durham's attorneys say "there is a substantial probability that a key expert witness in the Government's case presented false testimony at trial."
“The government failed to reveal to us that its medical testimony was insubstantial and had been contradicted by medical experts that the government consulted,” Durham’s attorney, Stephen Jones, said.
Jones says a doctor in Kenya told the jury that five of the six girls Durham allegedly assaulted showed the same internal injury.
However, an Oklahoma doctor reportedly told prosecutors that “it would be quite rare for 5 individuals to have the same findings on exam in regards to sexual assault... unless the perpetrator was using some type of instrumentation.”
“There was no allegation or testimony that there was any rape by instrumentation,” Jones said.
The defense specifically targets Assistant U.S. Attorney Robert Gifford, claiming that he knew about the false testimony but failed to correct it.
"AUSA Gifford deliberately deceived the Court and the Jurors by his misconduct and his presentation of known, false evidence, and thereby violated Durham's due process guarantees," the filing reads.
The defense also claims that prosecutors "intentionally failed to disclose" other evidence that contradicted the expert witness' testimony, withholding it from the defense.
Legal analyst Garvin Isaacs says the new information could mean a new trial for Durham.
"We have an Oklahoma County District Attorney that we need to be proud of, who stood up for the constitutional rights of the accused to have a fair and impartial trial," Issacs said.
At the time, attorney Stephen Jones claimed that he had discovered a lot of misconduct by the government during the case.
As you'll remember, Durham was accused of molesting several orphans while on a mission trip to Kenya.
During the trial, prosecutors submitted a taped confession from Durham, who admitted to raping some of the girls and admitted to more sexual abuse in handwritten notes.
However, defense attorneys claimed those confessions were coerced.
Five of the alleged victims testified against Durham in the trial, and the courtroom was sealed during the testimony.
U.S. Attorney Sanford Coats released a statement regarding the saying his office plans to "review the court filing and determine what response is appropriate."
"When I determined the information had not been disclosed to the defense by the United States Attorney, it was my responsibility to report what I knew to United States District Judge David Russell so he would be aware of it and proceed as he determined necessary and appropriate. It was my duty to disclose the information that came to my attention. I take that responsibility seriously," Oklahoma County District Attorney David Prater said in a statement.