New Jazz Fest murder trial granted

A new trial has been granted for one of the men convicted in the 2004 murder of a Jazz Fest fan who was shot a few blocks from the music festival during an attempted robbery.

Criminal District Judge Dennis Waldron has granted an Oct. 27 trial date for John Duncan, who was convicted of being the triggerman during the robbery in which Daniel Breaux was killed.

The prosecution has 30 days to appeal this decision.

Police say four teenagers tried to rob Breaux, of Houma, when he left the New Orleans Jazz and Heritage Festival on May 1, 2004. Breaux resisted and was killed.

Duncan’s conviction was overturned when New Orleans authorities acknowledged withholding a witness who said that someone else had committed the murder.