DEVELOPING: Court Stops Florida Execution Scheduled In Days As We Await Results From New DNA Testing

0:00This is an iHeart podcast, Guaranteed Human. This is Bowen Yang from Los Cultures, with Matt Rodgers and Bowen Yang. We all know the feeling when life gets really busy taking care of yourself can feel impossible. That's why Premiere Protein Shakes are my go-to. They have 30 grams of protein, 160 calories, no added sugar, and they taste amazing. So they're a healthy choice you'll actually want to make. It's not just for fitness, it's for getting after life. Premiere Protein powers me to say yes to more. Find your favorite flavor at premierprotein.com. That's P-R-E-M-I-E-R protein.com. This is Sophia Bush from Work in Progress with Sophia Bush. Bring the good with avocados for Mexico. Upgrade your meals, your get-togethers, even your everyday life. Give your moments a little glow up. Either one, everyone's glad showed up because avocados from Mexico spark the joy with every bite.

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4:06Remember, put your little ones first with healthy meals from NurtureLife. That website one more time is NurtureLife.com slash P-O-D pod. Hey, that folks, it is Friday, March 27th. Here's something you don't hear every day out of Florida. They have granted a state of execution for a death row inmate. But the case gets more interesting because the clock is still ticking on that execution. Robes, help us with this. Welcome to this episode of Amy and TJ. This is a scheduled execution for next week. It could or could not go through Robes based on some DNA testing that is pending. This is a hell of a high stakes case right now. It certainly is. And all eyes are on the state of Florida. This is almost unheard of. That's why it's, first of all, it's very, very rare that the Supreme Court would step in and stay this execution pending further order first place.

5:09But it's even a bigger deal that it's happening in the state of Florida because this was a heinous crime, a former police officer convicted of raping and murdering an 11-year-old girl we're talking about James Aaron Duckett. Yeah, look, Florida, we've done a lot of executions and not execution stories out of Florida. And just for that context, Robes, it's in given how DeSantis is signing death warrants left and right to hear that one has been halted days before it was supposed to go through. Today is the 27th, it's scheduled for the 31st and it still might go through, it might not go through. And I guess, Robes, is it possible this man could go free given the stakes we're talking about? We're gonna give you everybody these details, but we haven't discussed that to this. Are we really talking about this man could possibly get exonerated? Yes, all of the above is possible. He could be, he could still be executed on Tuesday and he could just have a postponed execution

6:10that would be rescheduled for a later date or he could be completely exonerated. It really is one of those three things. This is a big deal. And we're recording this just before noon on Friday. They have given, the Supreme Court has given the state of Florida a deadline by the end of business today. They have to let the court know where this DNA evidence is what the status of the testing is. That is what's at play here. James Aaron Duckett's attorneys say that they now have a new way of testing some DNA that was found in that little girl's pants, basically, that they say they believe could exonerate their clients. And this was back in May of 1987, is what we're talking, the community's outside of Orlando. Yes, yes, yes. But yes, he did work as a police officer for Little Teresa McAfee was out 11 years old. The officer runs into her and another friend

7:11says their outpass curfew says she needs to get in his car. That is the last time she's seen. And she's reported missing. The next day her body was found in a lake. Medical Examiner determined this 11 year old girl robes. Just, and again, we got a 13 year old in our house. I just think about a child that did just to hear what the medical examiner say this girl went through. It was just awful. It's absolutely horrific. Yes, the medical examiner said that little, oh my gosh, this little girl was sexually assaulted. She was strangled and then drowned. That's just awful. It's hard to even get your head around just the viciousness and the cruelty. But I also, look, there was a lot of evidence when you go through what happened in the trial. I'm actually kind of shocked that the Supreme Court, I believe the decision was six to one, correct? Saying, putting a stay on this execution, but when you go back, there was the state Supreme Court.

8:11It's not the US Supreme Court. The US Supreme Court never gets involved. Yeah, they say no, thanks hard pass. The state Supreme Court voted six to one. So overwhelmingly in favor of staying the execution, but you go back and you read what came out in court and the evidence that was presented against him, it kind of looks like everything points to this former police officer. No, I kind of a little off the direction we're going, but you made me think of it. Robes, shouldn't we get it right? I mean, no matter what, if there's a question, okay, let's give it a couple of days. Let's figure this out. You make a very good point. And I think that's pretty much where the Supreme Court was at this point because they even said, according to court records, that even the state of Florida acknowledged that this evidence could prove his innocence. And so if there's even a thought or a question or a possibility that this new evidence or a new way of testing this evidence is available, why shouldn't we, why wouldn't we do this before executing a man, you can't undo that.

9:14So this is, yes, DNA, I believe it was seeming that it was found on the little girl's pants. They have that and they have had that, but it hasn't gone through whatever latest and greatest DNA testing. I just see a report as well that he, it's been talked about in the past and he wasn't on board with even having this DNA test. That was what the prosecutor was trying to argue saying, look, he had this testing, this new testing available to him starting in 2024. And they've known about the DNA, they've known about that since the very beginning of the case. So why wouldn't he have pursued the testing in 2024? Why wait until you actually have an execution day set because Governor DeSantis set this execution date fairly recently and it wasn't until he got his date where he was like, oh wow, that's the day I'm gonna die that he then tried to get this process going. Take your shot, I guess, take your shot, you got nothing else to lose and maybe that's why they did it. But who knows how this, now DNA is going to work out. But Robes, if this DNA, which he is claiming could clear him, first of all, does it?

10:17Well, so that's my point, the other evidence in the case and they're saying yes, but maybe the other evidence in the case could be explained, some of it could be explained just by the mere fact that he had her in his vehicle to allegedly take her home and I don't know what he's alleging that maybe when he dropped her off, someone else must have taken her, who knows? But, Rob, I mean, this would have to clear him, if that girl was sexually assaulted and the, I mean, the semen that was left behind, it doesn't belong to this guy, that's a sculptor. I mean, does that not clear him? Yes, that would. That would. But like you said, Robes, all this other stuff, he pieced together, some of it circumsadial, some of it seemed to be hard evidence of... The interaction. Yes, yes, yes. So, the evidence that was presented at trial, first of all, both of their fingerprints were on the car. So, both his, James Duckett's and Theresa Maccabee's fingerprints were on his car. I think that could be explained just by the fact that she was seen in his car, getting into his car. So, that, okay.

11:18But, the tire tracks to his vehicle match the tire tracks left behind at the lake or her body was found. That's tough to get around. And then, the blood and hair from the victim were traced back to him. That's how they got to him in the first place. That it was, so again, how you gonna explain it away? Who knows? And then to me, one of the more damning ones, and I know this is circumstantial, but this still, this still had some weight when I was reading about it. Other girls in the area testified that this dude, this police officer, James Duckett, was creepy. Would offer them rides and tried to assault them. So, there was a pattern of behavior that was established by three other young girls who testified at his trial. Yeah, some of that, some of that circumstantial and some of that seems to be evidence pointing towards him. But, Robes, is he, if he thought this DNA was there and could clear him, he would have been screaming

12:20for the past 20 whatever years, test that DNA. But what's the point of screaming that now, so you get it postponed, so there's a stay of executions so you can get another week, another month, maybe another year, but ultimately, if that DNA is tested, that's the final nail, and I mean, it is going to be, I shouldn't say, if it is going to be tested, when it comes back, if it shows it's his DNA, he just puts the final, I guess he has nothing to lose, maybe it would be the point. I would say, we have seen, again, Robes, he just happened to have covered a lot of executions, and at the end, they try everything. And we have seen some try things that, and have the same argument from the judges and the prosecutors, like, this was here the whole time, you had 20 years, you could have tried this option, you just trying to delay. And yes, Robes, I bet somebody, if you knew you were supposed to die next Tuesday, and they pushed it to Wednesday, you would appreciate it, right, you fight for it at the end, you fight for every last second and every last breath. And maybe that's all this is,

13:20however, Robes, what if, what if this DNA is tested? You know, it's, you make a good point. And if you're, if you're at any point, a part of the process that leads to the execution of a man, however legal and however warranted it may be in the eyes of most people, you still, if you had any doubt, it just a the tiniest pinprick of a doubt that would stay with you. It would stay with me. It would be one of those things where, why wouldn't we have tested the DNA? Why wouldn't we have turned over every rock? Why wouldn't we have just made sure beyond a shadow of a doubt that this man absolutely is guilty of this horrific crime against this 11 year old girl? So the testing is taking place. As we're speaking, we don't know the status, but the court has given the state a deadline of this evening, early evening to let them know. I don't know if they need the results of the test, but they want at least the status of the return. At least the status, but I from what I've read, it's very possible that we will actually have

14:22the results of the DNA testing by late today. And so you have a stay in place by the court. They can lift that at any time that they want to. So I guess some more legal wrangling needs to take place, but through all this, yes, he wants the DNA tested, but he has been proclaiming his innocence. Stay here. We will let you hear what his attorneys, the statement they put out having to do with all this latest back and forth, just days before execution day. There's so much noise around weight loss right now. Trends, opinions, medications, it could be hard to know what's actually right for you. That's where weight loss by hers comes in. Hers offers access to doctor-developed weight loss treatment plans that are personalized to you. Hers goes beyond medication with ongoing care, nutrition, and lifestyle tips, tools to track movement, hydration, and sleep, plus 24, seven support.

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18:28Equal opportunity broker. Welcome back, everyone, to this Friday episode here on Amy and TJ, where we are talking about something. We don't talk about very often the state of Florida, the state Supreme Court there put a stay of execution on a man convicted of a heinous crime and just days away from execution. We're talking about former police officer James Aaron Duckett. He was convicted of sexually assaulting and murdering an 11-year-old girl. Theresa Maccabee back in 1987. His scheduled execution was set for Tuesday, March 31st, but the court has stepped in saying, wait a minute, we need to know there is a new way of testing DNA that was found on those. I think it was her pants, correct, Seaman on her pants. So this is now, we are waiting for final word of where the process is in the testing. And if we actually have perhaps even some results from the DNA testing by the end of the day today,

19:30so this is an hour-by-hour moment-by-moment case because we mentioned three things that could happen. Well, I just thought about another thing I didn't think about before. What if it's inconclusive? Is there any chance it's not a good enough sample? If it's inconclusive, I would imagine the standing of the court 1990. He was convicted. That would have to stand in the decision by the jury to vote for death. That would have to stand. So this might just be a brief pause. This could be a longer stay while they figure things out or he could be exonerated. This is incredible. I am, we're sitting here talking about a crime. How many years ago was it dropped on this one? Almost 40 years ago, 39 years ago. So we are looking at a clock. And in a few hours, we could find word that this guy is innocent. He didn't do it. I don't know. I don't know how many people out there are proclaiming his innocence necessarily other than his own legal team at this point.

20:33But that would be incredible. We are, this is a weird countdown or weird thing to be on standby for. Yeah, on a Friday afternoon, knowing that there is the possibility that his execution will go forward four days from now. This is what his attorney had to say following the court's order. James Duckett has steadfastly professed his innocence for the nearly four decades he has been on death row. DNA testing currently underway as ordered by the circuit court has the potential to conclusively establish Mr. Duckett's innocence. Mr. Duckett and his defense team are grateful for the court's decision recognizing the importance of ensuring that the testing proceeds in a careful, thorough and orderly manner. We remain hopeful that the results will bring long awaited clarity and justice. Hopefully it brings clarity and justice. It could. Yes, actually it either way, it could do that. Very well put, well said. And it seems like they were leaving open the possibility

21:35that this might not go their clients way. Because all the other evidence points directly at James Duckett. So yes, if this bit of sperm, if this bit of DNA that was on that little girl's pants, if that has a different suspect, another person. Yeah, the whole thing is upended. His innocence now is literally hanging in the balance. But to imagine, I haven't even let myself think about 39 years behind bars for a crime you didn't commit. And he was a former police officer. And maybe he was a little creepy. Maybe he was and had some bad behavior or some tendencies. But maybe he didn't actually commit this crime. Also, maybe he's guilty as hell. And bottom line, he's just fine. And you know what, but it's okay. We talk about the death penalty plenty here and to know that everybody feels comfortable with, even if you don't like the death penalty, you're gonna at least say a innocent man is not being... You know what? And I think that either way, if he's exonerated

22:38because of the DNA, obviously that's a massive win for James Duckett. And perhaps even pointing police and investigators in the right direction for the person who is responsible, if that's the case, but if it proves, if it confirms that he in fact did rape and murder this little girl as he was previously convicted of, that does give peace of mind. It gives peace of mind to everyone involved in the process that they got the right guy and that the right guy is paying for his sins on Tuesday. So this is a really interesting case. It's developing. We will, of course, keep our eye on this, but we thought we would let you know what's happening right now in the state of Florida, but without everyone, thank you so much for listening to us. I'm Amy Robock alongside TJ Holmes. We'll talk to you soon. This is Julian Edelman from Games with Names. I wanna take a second to talk about something that's personal to me. I've had the privilege of working closely

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24:40The 30 grams of protein gives you the fuel you need. It's not just for intense gym sessions, it's just for life. With a wide variety of flavors from cafe latte to cake batter, it never feels boring. It's a flavor for everyone. I personally love the peaches and cream, but maybe you're a root beer floater, cinnamon roll kind of person. Premiere Protein powers me to say yes to more. Find your favorite flavor at premierprotein.com. That's P-R-E-M-I-E-R, protein.com, or at Amazon, Walmart, and other major retailers. This is Sofia Bush from work in progress with Sofia Bush. Bring the good with avocados for Mexico. Upgrade your meals, your get-togethers, even your everyday life. Give your moments a little glow up. Either one, everyone's glad showed up because avocados for Mexico spark the joy with every bite. And by the way, you're good for you too. So elevate your everyday. Bring the good flavor. So rich and craveable. Avocado for Mexico.

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26:45This is an iHeart podcast, guaranteed human.