Two days after he was scheduled to be executed, James Duckett learned he will likely not be put to death this month.
Duckett, the former Mascotte police officer, was convicted in the 1987 rape and murder of 11-year-old Teresa McAbee. He was sentenced to death in 1988, but has continued to maintain his innocence.
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In February, Florida Governor Ron DeSantis signed a death warrant to carry out Duckett’s sentence, designating the week between Tuesday, March 31 - April 7 for the execution. In the warrant, DeSantis noted that Warden Randall Polk of the Florida State Prison set the date and time of the execution for March 31 at 6 p.m.
Days after DeSantis signed the warrant, Duckett’s defense attorneys filed a motion to request the DNA testing of a piece of evidence from McAbee’s underwear.
“This state-of-the art method of DNA testing was not available when the FDLE previously attempted testing on the slide in 2003 and is capable of proving that Mr. Duckett is actually innocent of first-degree murder and/or will serve to mitigate his sentence,” the defense’s March 5 motion stated.
The state objected to Duckett’s motion, arguing that advanced DNA technology had been available for years.
“Moreover, 22 years ago, in a letter to this Court from Duckett’s counsel, he voluntarily forfeited DNA testing of the same sample at issue now, waiting until now to seek testing," the state’s filing from March 10 read.
Lake County Circuit Judge Brian Welke ordered last month that the DNA could be tested and would be sent off to DNA Labs International.
But on March 26, in a rare move, the Florida Supreme Court issued a stay of execution for Duckett, pending the return of the DNA results.
The next day, the results that came back were determined to be inconclusive.
What followed was a slew of legal filings by both parties, from the state requesting the stay of execution be lifted to the defense pushing for the DNA results to be analyzed by an expert who could reach a definitive conclusion.
The DNA sample cannot be tested again because it had been fully consumed.
On Wednesday, Judge Welke ruled that Duckett had exhausted his options from a DNA standpoint and could not have the results further analyzed.
After Duckett appealed that ruling, the state Supreme Court stepped in and gave Duckett until April 7 to file his initial brief on the merits of his appeal. The state was ordered to file its answer brief by noon on April 8. Duckett then has an opportunity to respond to the state’s brief by 5 p.m. on April 8.
Because the death warrant window expires April 7 and the question over DNA is still being litigated, people with knowledge of the case told News 6 they do not expect Duckett to be executed in the foreseeable future.
DeSantis has typically allocated 30 days between the issuance of a death warrant and the execution of death row inmates. It’s not clear if DeSantis would have to issue a new death warrant once the lingering issues are resolved -- contingent on whether Duckett’s conviction is upheld.
Mary Wells, an attorney for Duckett, released the statement below following the Supreme Court’s filing Thursday:
“We are relieved that the court has intervened to halt this execution and allow time to consider Mr. Duckett’s request for the necessary analysis of the DNA results.
Let’s be clear: the delay occurred because the State chose to oppose efforts to allow the full analysis of the data that could provide conclusive evidence on the question of innocence or guilt. At a time when irreversible punishment was imminent, the State argued against taking steps to ensure the accuracy of the conviction. That position is deeply troubling.
DNA testing has time and time again proven to be a powerful tool for uncovering the truth - that is all Mr. Duckett asks. Refusing to allow the full analysis, particularly in a capital case, undermines confidence in the integrity of the system.
Mr. Duckett has consistently maintained his innocence. No system committed to justice should fear the results of objective scientific analysis. The State’s role is not to secure executions at any cost, but to ensure that justice is done."