EDMOND, Okla. - An Oklahoma man who was found guilty of molesting orphans on a mission trip to Kenya was acquitted of three charges on Tuesday.
Last year, 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.
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.
On Oct. 2, Durham's attorneys filed a motion for leave, claiming they had found new, important and material evidence in the case.
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.
On Tuesday, a judge denied Durham's request for a new trial.
However, he also acquitted Durham of three counts, saying, "the government failed to establish that Defendant engaged in a sexual act with the victim alleged in those counts."
In one of the counts, the judge says the acts Durham admitted to were "deplorable," but the judge says the acts did not match the statute with which Durham was charged.
The judge upheld the other four convictions.
A sentencing date has not been set for Durham. He faces up to up 30 years in prison for each count.
Right now, he is being held at the Logan County Jail.