While La Follette lost renomination in 1932, he made a comeback two years later on the Progressive ticket, and after retaking office he once again appointed Duncan his secretary.

[14] Police claimed they gave chase to Duncan the previous night after they saw him drive through an intersection three miles from the crash site in a Ford with a damaged front end.

"[17] Milwaukee County District Attorney Herbert Steffes, who prosecuted Duncan in the ensuing trial,[15] was a fellow Progressive, as was presiding judge Gullick N.

[8] Duncan's defense made the case that he suffered from angiospasms that left him mentally impaired on the night of the accident, but Risjord rejected this argument and on June 4 ultimately found him guilty.

Risjord did, however, reduce the charge to manslaughter in the fourth degree, which only carried a sentence of 1-2 years as opposed to the 5-10 that would have accompanied a first-degree conviction.

[19] In one of his last acts as Governor of Wisconsin, La Follette granted Duncan a pardon on Christmas Eve, issuing a statement that an "injustice" had been done with his conviction.

[20] With the Progressives out of office and his name still mired in controversy, Duncan accepted a job at the Federal Deposit Insurance Corporation assisting in bank liquidations.