NORMAN, Okla. - A former Tishomingo teacher is back in the courtroom this week after prosecutors were forced to retry the lewd acts case against her.
Shelley Jo Duncan, 50, was arrested and charged in 2016 on one count of lewd acts with a child. Duncan stands accused of having an inappropriate relationship with a then 14-year-old boy.
In late May, prosecutors spent three days trying to convince a jury of 12 that Duncan should serve jail time for allegedly engaging in sexual acts with the teenager; however, a mistrial was declared after nearly 10 hours of deliberation.
Oklahoma City based trial attorney Jacqui Ford now represents Duncan in the retrial. Ford commented on the case when a mistrial was declared.
"The problem is the law is designed to be pretty strict liability and the prosecutors see these cases as black and white," Ford told us in a past interview. "The problem is the rest of the world outside of law enforcement sees gray."
In court Tuesday morning, the state called an Ardmore crime scene investigator to the stand. Her testimony was heavily centered around how data was extracted from the victim's cellphone.
According to investigators, Duncan and the teenager exchanged more than 7,000 text messages.
OSBI agent Justin Brown, the case's chief investigator, testified Tuesday afternoon for more than three hours. Agent Brown said some of the text messages were "personal", while some were school related. According to Brown, Duncan said the teenager was "absolutely flipping gorgeous" and criticized her daughter for not being romantically interested in him.
However, Ford questioned whether the investigation was complete when Duncan was arrested. She also noted before Duncan was employed as a teacher with Tishimingo schools, she was a juvenile probation officer and counselor with zero complaints.
On Wednesday, the victim and his mother are expected to testify.