Why man imprisoned for more than 20 years may be innocent

A man imprisoned for more than 20 years for child abuse may be innocent after a radiologist's groundbreaking diagnosis.

Jim Duncan, 51, from Florida, US, was handed a 70 year sentence for aggravated child abuse after his two-month-old son Kody was taken to hospital with fractures to across his body including both legs, several ribs and his skull in 1993.

But Illinois radiologist David Ayoub has cast strong doubt over Duncan's case and has disputed that he harmed his young son, labelling the medical report used in the case as a "bad diagnosis".

Jim Duncan, 51, has new hope after a radiologist's groundbreaking diagnosis led to a full evidentiary hearing for a retrial. Source: CNN
Jim Duncan, 51, has new hope after a radiologist's groundbreaking diagnosis led to a full evidentiary hearing for a retrial. Source: CNN

Dr Ayoub believes Kody suffered from infantile rickets, a disease which affects the bones in early life where they don't mineralise properly. He says it meant Kody developed metabolic bone disease, leaving his bones fragile.

The doctor's claims have led to new hope after the Florida 2nd District Court of Appeal ordered that Duncan, who has always pleaded his innocence, will have a full evidentiary hearing for a new trial in 2018.

"I am innocent, I did not harm my son," Duncan told CNN.

Kody, now in his 20s, who made a full recovery from his injuries, also echoes his father's sentiments alongside his mother and they believe he wasn't at fault.

"I never once had a doubt that he hurt me. I don't believe it," Kody revealed.

Kody Duncan was taken to hospital after suffering 13 fractures to his body. Source: CNN
Kody Duncan was taken to hospital after suffering 13 fractures to his body. Source: CNN

But not all medical experts agree with Dr Ayoub, including Dr Peter Strouse, director of pediatric radiology at C.S. Mott Children's Hospital in Ann Arbor, Michigan, who said the findings were consistent with child abuse with no evidence of bone disease.

And following Duncan's arrest, his then wife's grandmother had told police she saw Duncan physically abuse Kody. Before Duncan's trial, she retracted her statement.

As Kody grew up he was unable to visit his father as he was still seen by authorities as a victim. The pair have never seen each other since Duncan was jailed, with the two relying on two weekly phone calls to communicate.

Duncan says if he is freed, he can't wait to hug Kody and his brother Kevin. It seems Kody also longs for a reunion.

"I wish I could talk to him in person, I just wish I could see my dad," he said.