James Duckett: DNA test results inconclusive; Florida wants stay of execution revoked

The execution of a former Florida police officer could still take place after his last effort to prove his innocence was deemed inconclusive. 

James Duckett, 68, – a former police officer in Mascotte, Florida – was convicted of killing an 11-year-old girl, Teresa McAbee, in 1987. Now, prosecutors filed to lift Duckett's stay of execution after nearly 40 years of him steadfastly proclaiming his innocence. 

What we know:

Following the advancement in scientific testing of evidence, Duckett's counsel allowed a semen sample that was found on McAbee's jeans to be tested. Duckett's attorneys told FOX 35 on March 26 that the testing results have the potential to conclusively establish Duckett’s innocence. 

Florida Governor Ron DeSantis signed Duckett's death warrant on Feb. 27. 

Duckett previously declined to have the sample tested in 2024. However, Circuit Judge Brian Welke has said advancements in science mean testing of the sample is now appropriate. 

"Duckett could have sought the SNP DNA testing years ago," the state asserted in its March 27 filing. " … A truly innocent man would have sought SNP DNA testing as soon as it was available rather than waiting over four years and until a warrant for his execution was signed."

Days before Duckett's scheduled execution – set for March 31 – Duckett was issued a stay of execution – halting Duckett's scheduled execution until the results from the DNA evidence were completed. 

The results were issued to be submitted by 5 p.m., March 27. 

According to a status report, filed March 27, the DNA results were submitted to the court by 3:31 p.m. – detailing inconclusive results from the testing. 

State files to lift stay of execution

Following the inconclusive results of Duckett's DNA testing, the state filed to lift the stay of execution – claiming the test results don't point to Duckett's innocence. 

"Because the SNP DNA testing is complete and the results do not exonerate Duckett, the stay of the execution should be lifted," the state's motion said. 

Duckett's counsel responds

In a statement to FOX 35 on March 27, Duckett's attorneys said the inconclusive evidence might not be the end of the road for Duckett. 

"It is possible that additional analysis could yield a DNA profile," the statement said. "FDLE opined that a qualified bioinformaticist may be able to provide an opinion and calculation based on the male-specific DNA data. FDLE further suggests that Othram, Inc., the laboratory Mr. Duckett’s defense team initially suggested to do the testing, would be capable of further reviewing the data.

"Despite clear indication that the data requires additional review, the State argues that Mr. Duckett should be precluded from accessing 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." 

What happened to Teresa McAbee?

Around 10:30 p.m. on May 11th, 1987, Teresa McAbee, 11, walked to a Circle K convenience store 400 feet from her house. That store at SR 50 and Sunset Ave is no longer there.

According to reports, McAbee was out with a 16-year-old boy that she knew. However, they were approached by Mascotte Police Officer James Duckett, a rookie officer. Officer Duckett claimed the two were out past curfew and told the girl to get in his vehicle.

Teresa McAbee was reported missing that night. Her body was found the next morning in Knight Lake, not far from where she was last reportedly seen. Police said McAbee had been raped, strangled, and drowned.

The evidence and proof

Authorities said there was one set of tire tracks leading out to the girl's body: snow tires.

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.

Investigators testified that hair was found in the girl's underwear, likely belonging to Duckett. That expert’s testimony and credibility have been the subject of much debate over the years, but appellate judges have repeatedly ruled his input was admissible.

At trial, three girls testified that Duckett had coerced them into his car while on duty. A 19-year-old and a 17-year-old said in separate incidents, he’d fondled and tried to kiss them. A 16-year-old said they’d had oral sex multiple times in his patrol car.

He denied all of this.

The conviction

Duckett was convicted and, in an 8-4 vote, sentenced to death. His efforts to overturn that conviction were unsuccessful.