Execution on hold for James Duckett after judge rules DNA evidence gets second look

James Duckett: Florida Supreme Court OKs additional DNA testing

The Florida Supreme Court issued a ruling on Thursday allowing further DNA testing, continuing the stay of James Duckett's execution. In its ruling, Duckett wants the full results of the DNA testing he requested earlier and to have those results analyzed by a qualified bioinformaticist. Duckett, a former Mascotte Police Officer, was sentenced to death after being convicted in the 1987 rape and murder of 11-year-old Teresa McAbee. He was set to be executed on March 31, but that was stayed after a last-minute request to conduct DNA testing of a sample found on the girl's jeans. Those results came back inconclusive, records stated. Teresa McAbee was out with a 16-year-old boy on May 11, 1987. Both were approached by Duckett, a Mascotte Police Officer at the time. He allegedly told the girl to get in his patrol vehicle. She was reported missing. The next day, her body was found in Knight Lake. 

MASCOTTE, Fla. - The Florida Supreme Court issued a ruling on Thursday allowing further DNA testing, continuing the stay of James Duckett's execution.

In its April 30 ruling, Duckett wants the full results of the DNA testing he requested earlier and to have those results analyzed by a qualified bioinformaticist.

DNA testing: What will we learn? 

What we know:

On McAbee’s jeans, analysts discovered a semen sample that went untested until now. That’s partially because Duckett himself declined to have it tested in 2004.

However, Circuit Judge Brian Welke has said advancements in science mean testing of the sample is now appropriate. That sample has been tested and results are expected to come back on or before March 27, days before Duckett's scheduled execution.

Defense attorneys asked for a 30-day extension on his execution. "This Court must not take a ‘fire drill’ approach to Mr. Duckett’s motion which will determine whether he lives or is wrongfully executed."

Duckett was scheduled to be executed on Tuesday, March 31 at 6 p.m. at the Florida State Prison. He filed a motion to stay that execution, pending the results of the latest DNA testing.

Who is James Duckett? 

The backstory:

Duckett, a former Mascotte Police Officer, was sentenced to death after being convicted in the 1987 rape and murder of 11-year-old Teresa McAbee. He was set to be executed on March 31, but that was stayed after a last-minute request to conduct DNA testing of a sample found on the girl's jeans. Those results came back inconclusive, records stated.

Teresa McAbee was out with a 16-year-old boy on May 11, 1987. Both were approached by Duckett, a Mascotte Police Officer at the time. He allegedly told the girl to get in his patrol vehicle.

She was reported missing. The next day, her body was found in Knight Lake. 

The shop told detectives that those tired were mistakenly installed on Officer Duckett's patrol vehicle. Detectives found both Duckett's and McAbee's fingerprints on the hood of his patrol vehicle. Experts testified that the pattern likely indicated that the girl was scooting back on the hood.