A federal judge is allowing the legal team for Matthew Durham to file for a retrial based on the claims of false testimony.
Durham is the man accused of sexually abusing children at an orphanage in Kenya.
Durham’s attorneys filed a court motion requesting a new trial, saying that a key expert witness in the government’s case presented false testimony at the trial, and that US prosecutor Robert Don Gifford knowingly and deliberately failed to correct the testimony.
The motion stated that Oklahoma County District Attorney David Prater alerted US District Judge David Russell on Monday Sept. 28.
On Tuesday, Oct. 12, Russell said he would allow Durham’s attorney’s to file for retrial based on the false testimony claims, but was “throwing out” the claims about misconduct and inappropriate relationships involving the prosecution team and a media member.
No other details have been released at this time.