March 30, 2026

The Clock Is Ticking: FL Execution Paused To Test DNA; The Results Are In

The Clock Is Ticking: FL Execution Paused To Test DNA; The Results Are In

We are waiting for word from the courts, after DNA that attorneys say could exonerate convicted murderer James Duckett, came back as inconclusive. Duckett has been on death row for nearly 40 years for the rape and fatal drowning of an 11-year-old girl. His attorneys are arguing for more time, so another lab can examine the results and give a conclusive finding before his scheduled execution, originally set for tomorrow, March 31st.

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00:00:02
Speaker 1: Hey there, folks. It is Monday, March thirtieth, and an execution is scheduled for tomorrow. But one death row inmate is not sure if he is waking up today and this is his last full day on earth. Because there are questions about that execution. There are stays in place. The Supreme Court is all those DNA testing you name it, and right now we're opes. As we sit here, we don't know what's going to happen tomorrow to James Duckett. With that, welcome to this episode of Amy and TJ. We previewed this last week in robes Rare. Supreme Court put a stay of execution in place waiting on some DNA results on Friday that eventually came.

00:00:43
Speaker 2: Yes. So the results came and they were inconclusive, big fact.

00:00:48
Speaker 3: Nothing. So now the state of Florida immediately when those DNA test results came in immediately filed an order asking now the Court to lift that stay of execution and to proceed as scheduled with the execution of James Duckett tomorrow.

00:01:07
Speaker 2: At six thirty pm. At six pm s all right, But.

00:01:09
Speaker 1: As we sit here as of this moment, it has not been lifted as of this moment, there is a stay of execution still in place in Florida for this man. As we sit here at this moment, robes that execution is not and cannot go forward until some legal action takes place.

00:01:25
Speaker 3: That's right, and so yes, we mentioned this state immediately said hey, can you lift that stay of execution?

00:01:29
Speaker 2: We'd like to go forward.

00:01:31
Speaker 3: But not surprisingly, Duckett's attorneys then immediately filed an emergency motion for further testing because.

00:01:38
Speaker 2: It was inconclusive.

00:01:39
Speaker 3: They now want the DNA testing to happen at their guys office. They have a lab basically that they say is ready, willing and able to reread this DNA and they claim they'll be able to come to a conclusive understanding of what or who this DNA from.

00:02:00
Speaker 1: And reminded the folks here who who we're talking about, and who his lawyers are fighting to keep alive. This is not a guy a reminder here, not someone where there is a question. There hasn't been robes about guilt or innocence. He is convicted of a pretty not pretty heinous This is awful stuff.

00:02:21
Speaker 2: It's about as bad as it gets.

00:02:22
Speaker 3: So this this man Ducket, was basically he's been on death row for nearly forty years for the the drowning and the rape of an eleven year old girl, Teresa Mcamie, back in nineteen eighty seven. So this is a guy who's been on death row for nearly forty years. He was convicted of, yes, sexually assaulting, drowning this young girl. And there is a whole lot of evidence beyond this DNA in.

00:02:50
Speaker 1: Question, physical and witnesses called in this case. However, Robes move us all forward to this moment. He Dissanta's down there again, running out in He's signing death warrants left and right over the past couple of years. Signed as a death warrant. So after the death warrant was signed, now Duckett says, wait, wait, wait, wait wait, there's some DNA on the victim's pants that needs to be tested. I want tested because of his proofs that DNA is not mine, then this could clear me. That is the argument he made before the State Supreme Court. The State Supreme Court said, okay, knock yourself out, and the argument is about, like you said, where the testing was going to take place. There was one dissenting voice on the Supreme Court I think the vote was four to one, But the one dissenting voice, Rode, brought up a lot of arguments that the state has brought up and that you would bring up from common sense. This DNA has been sitting there for years, The technology has been sitting there for years. Why all of a sudden you want to test it now?

00:03:46
Speaker 2: Correct?

00:03:46
Speaker 3: In fact, he declined to have it tested when it was offered to him in twenty twenty four. Basically, it's a microscopic amount of seamen on this eleven year old's pair of genes that wasn't able to be tested with previous technology. New technology, advanced DNA screening has now emerged in the years, and yes, starting in twenty twenty four, this screening, this testing was available, and he declined, so to wait right until DeSantis on February twenty seventh, signed his death warrant until the days leading up.

00:04:21
Speaker 2: To the actual execution itself.

00:04:23
Speaker 3: Then and only then does he say, hey, wait, I want to get this DNA tested. So the prosecution said, an, if you were innocent from the beginning, like you claim you are, you would have demanded that that DNA be tested the moment that testing was available, and you didn't, and that speaks volumes is.

00:04:39
Speaker 1: Sales available twenty twenty four and probably even earlier.

00:04:43
Speaker 2: It was offered to him in twenty twenty four time.

00:04:45
Speaker 1: So now he wants to take and look, I give we said this last week, bro, we give the State Supreme Court credit. Let's just make sure, make sure that this is nothing's going to come. Let him have every option in every appeal. So sure enough, we were waiting on Friday when they just wanted a status update. They just wanted to know how the testing was going. We didn't know we were going to get results.

00:05:05
Speaker 3: Yeah, they said by five pm on Friday they needed to have a status update on where the DNA testing was. And because the testing came back inconclusive, it was interesting the way the DA worded it. They said, because the DNA testing is complete and the results do not exonerate Ducket, this stay of execution should be lifted, okay, And that was what his attorneys were claiming, that this could exonerate him, this could prove his innocence, and so the state says, fine, but it's inconclusive, which does not prove his innocence, which does not exonerate him. So let's continue in the process that was already agreed upon now for forty plus years, for nearly forty years.

00:05:45
Speaker 1: It doesn't exonerate him. It doesn't convict him either. But also there was robes so much other evidence in this case that the DNA obviously wasn't necessary to convict them the first place.

00:05:57
Speaker 2: That's correct.

00:05:58
Speaker 3: So both of their fingerprints, both the eleven year old's fingerprints and the office he was by the way, did we mention he was a former police officer. He was a police officer when this happened. But both of the young girls and his fingerprints were on his car. The tire tracks that were leading to the lake where the little girl's body was found drowned match his tires, and there was blood and hair from the little girl traced back to him.

00:06:29
Speaker 2: And there's another thing. Three other young.

00:06:32
Speaker 3: Girls testified that he had given him or given them rides before and tried to assault them. So it was almost an identical scenario where he found this little eleven year old girl who was out past curfew.

00:06:43
Speaker 2: Said get in the car. I'm going to take you home. She never gets home, she's and she was with a sixteen year old boy out past curfew.

00:06:50
Speaker 3: So all this he told the sixteen year old to, you know, scram basically takes her, puts her in his vehicle. Yes, and the sixteen year old saw it.

00:07:01
Speaker 1: So that's the evidence against him, correct.

00:07:03
Speaker 3: So it's fairly damning. But he has maintained is into since the entire time. We should mention. However, a jury found him guilty beyond a reasonable doubt.

00:07:13
Speaker 1: And look, the it was so interesting reading the dissenting opinion. It was I want to say it was sarcastic, but it was almost It was legally sound and all that good stuff, and had citations, but it was almost a come on, dude, give me a break. You could have had this and now in this late hour. And they also talked about the issue of where the test. The state was fighting to make sure that a state lab did the testing. So that was a back and forth. But again, what else can you give the guy? This is just a further delay, is it not? Okay? Yeah, you tested as inconclusive, but now I want this other lab and then when that tests it and that doesn't come out the way I want, then I wanted to go to another specialty lab out there. I mean, what there's no stop to it.

00:07:54
Speaker 3: You mentioned that oftentimes we do see this, that inmates will do anything to get an day, to get another hour, to get a little more time, and that very well may be the case. When we come back, we're going to tell you what ducats attorneys had to say. They actually issued a statement within their filing immediately after prosecutors said let's get this execution back on track for Tuesday. We will tell you when we come back what his attorneys have to say in his defense. And welcome back everyone to this episode of Amy and TJ, where we are a waiting word from the state of Florida from the courts there at this point, Now, who put a stay of execution on sixty eight year old James Duckett's execution, which was scheduled for Tuesday, that's tomorrow, March thirty. First, they were awaiting test results, DNA test results. Those test results came back, they were inconclusive. The prosecutors say, didn't ex honerate him, so let's go forward. Ducat's attorneys say, wait, wait, wait, wait, wait, hold up a second, we want a little more time.

00:09:08
Speaker 1: For what I mean. We say this all the time Rob was about it is incredible. No matter who you are, when it comes to the end, you fight for more time. It doesn't I mean it just in the end we see it time and again. And this hardened criminal, it didn't care, still fighting for what to continue a prison sentence, never getting out of jail. But it's I think it's fascinating just the human just we all have that in us, to see how much they fight just to scrap and claw for any chance of life continuing.

00:09:42
Speaker 3: And yeah, and some people might make the argument that's why the death penalty is the ultimate punishment, that's why it's good to have because clearly, in the end, no one wants to die. However, the problem is it's rarely a deterrent because folks don't think they're gonna get caught.

00:09:58
Speaker 1: Yeah, I got forty years, so I get caught, all right.

00:10:01
Speaker 3: It doesn't matter until you're in your days away, until that clock really is ticking. And in this country the clock has been very slow to move.

00:10:09
Speaker 1: And which you want to I'm much showIn this when this was eighty.

00:10:11
Speaker 2: This was nineteen eighty seven. Was the murder almost to the day.

00:10:15
Speaker 3: It was in May of nineteen eighty seven, and he was convicted in nineteen ninety. But yes, we're talking about forty years for that little girl's family to see justice served. All the way through we mentioned Duckett's attorneys filing that emergency order trying to get another lab to test the same DNA.

00:10:32
Speaker 2: Here is what they had to say.

00:10:35
Speaker 3: It is possible that additional analysis could yield a DNA profile. Fdl opined that a qualified bioinform I don't know what this is bioinformmaticist may be able to provide an opinion and calculation based on the male specific DNA data, despite clear indication that the data requires additional review. The state argues that mister Duckett should be precluded from assessing the data and litigating any further. When the outcome of the results is whether a man lives or dies, there is no valid scientific basis for prohibiting a second examiner to analyze the results.

00:11:14
Speaker 1: No, what do you think about that last sentence?

00:11:18
Speaker 3: That's what they used to get the DNA tested in the first place. Now they're saying, well, the results are inconclusive, So now once again a life is at stake. What's the harm and having a second examiner analyze the results?

00:11:31
Speaker 1: When when I hear that, I go, okay, what's okay, let's get that done, and then ask again, what's going to be your next thing after this? And the next thing? I am just exhaust everything to where you cannot make any kind of a claim or an appeal of any kind. I'm kind of okay with it. The part I don't like is that the family has been waiting forty years and now they got to wait. Wait, they've been waiting for tomorrow, which is the execution. They had to get the word last Thursday. That has been halted on Friday about these DNA results. Now it's more torture.

00:12:04
Speaker 3: That is a rollercoaster of emotions that I can't even imagine what that's like to go through. It's interesting, though, Babe, you just said about hey exhausted appeals, Let him file what he wants. In addition to the prosecution asking that this be it and the execution continue, they also asked that he not be allowed to file.

00:12:22
Speaker 2: Any more appeals.

00:12:23
Speaker 3: Like they literally were like, can we please have ducats team be basically told we're done, No, Moss, you cannot file anything else. You are not allowed to continue to fight this. So they asked for.

00:12:38
Speaker 1: That as well, fighting to stay alive at the end, fighting to stay alive. I don't know. I don't know how great of a chance there is they're going to allow more testing. I mean, if it exonerate him. You've been seeing there forty years and this is the okay, knock yourself out, So you.

00:12:54
Speaker 3: Think they should postpone it another day, let another lab test it, and then go from there.

00:12:59
Speaker 1: I got no prob if there's something valid here. I mean, I don't know all the time.

00:13:03
Speaker 2: But if it's inconclusive again, then what do you do?

00:13:06
Speaker 1: See you the death chamber tomorrow, Homy, That's just what do you do? You can't we talk about reasonable doubt. There gets a point it's not reasonable anymore to have appeals your chances of winning. Now you're just wasting time.

00:13:18
Speaker 3: I don't know where I stand on this, s Babe. I totally get what you're saying. But at a certain point, I guess maybe you would say, Okay, one more. But it's like you give a mouse a cookie, and where does it end. So that is why perhaps the prosecution said kind of left a space. If the courts decide that the stay continues and someone else can take a look at it that that's it. They can't file another peal after this one, so we shall see what happens. We don't know exactly when we will get word, but certainly we will be awaiting it as we know so many folks will be doing the same thing in the state of Florida. Not known for being I shouldn't say kind, but not known for granting clemency and certainly not stays of execution road.

00:13:57
Speaker 1: We were floored last week.

00:13:59
Speaker 3: Big.

00:14:00
Speaker 1: We cover a lot of executions. This was one where, Wow, there's no guilt or innocence on this one. Anybody's talking about it. It didn't seem to right, So level have much controversy or anything leading up to it. This came out of nowhere. Wait there's a stay of execution in Florida.

00:14:13
Speaker 2: Yeah, huge headline, huge headline.

00:14:15
Speaker 3: So of course we will follow with whatever developments may take place today, but certainly we'll have to get word soon here about what happens to James Duckett. And with that, everyone, thank you for listening to us. We always appreciate you. I'm Amy Robock alongside TJ.

00:14:29
Speaker 2: Holmes. We will talk to you soon.