Florida
Killer cop or the wrong man? DNA halts Florida execution. For now.
Ex-officer James Duckett had been set to be executed by lethal injection on March 30 for the rape and murder of an 11-year-old girl while he was on duty in Florida. But DNA testing has stopped it.
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When 11-year-old Teresa Mae McAbee was kidnapped, raped, strangled and drowned in the small Florida city of Mascotte nearly 40 years ago, a surprising suspect emerged: a rookie cop named James Duckett.
The one undisputed fact of the case is that Duckett was on duty on May 11, 1987, when he encountered Teresa at a convenience store. The little girl had walked there to buy a pencil.
Duckett maintains that he told Teresa that she needed to go home, and that’s the last time he saw her. Prosecutors argue that Duckett was a monster in disguise who abused the badge and brutally raped and killed Teresa before dumping her body in a lake.
Jurors accepted the state’s narrative, convicting Duckett of murder largely based on circumstantial evidence and recommending the death penalty.
Now nearly 40 years later, DNA in the case stands to either save Duckett’s life or seal his fate.
Duckett, 68, had been set to die by lethal injection at a Florida state prison on Tuesday, March 31. But with less than a week to go, the Florida Supreme Court issued a rare stay of execution pending the results of the DNA testing. And on Monday, March 30, the court upheld the stay, effectively stopping any chance that the execution would happen as scheduled.
Though the execution is on hold for now, it’s not on hold for good.
As Duckett awaits his fate, USA TODAY is looking deeper at the case, the recent court actions and why the DNA hasn’t been tested until now.
What happened to Teresa Mae McAbee?
On May 11, 1987, the fates of 29-year-old rookie cop James “Jimmy” Duckett and 11-year-old Teresa Mae McAbee became intertwined.
Teresa had walked to her local Circle K convenience store to buy a pencil around 10 p.m. in Mascotte, Florida, a rural city just west of Orlando that had fewer than 2,000 residents at the time.
Duckett was on patrol for the Mascotte Police Department. The married father of two sons, who had been on the force for seven months, was making his regular rounds and stopped at Circle K, spotting Teresa talking with a 16-year-old boy outside the store, according to court records.
Duckett has always maintained that he talked to Teresa and the teen, telling each to go home. But the boy and his uncle later said that Duckett put Teresa in his patrol car and drove off.
Teresa’s mother arrived at the Circle K around 11 p.m. looking for her daughter. The store clerk told her that Teresa may have gone with Duckett, and the mother began searching the area. When she couldn’t find Teresa, she contacted police and later filed a missing persons report with Duckett, the only officer on patrol at the time.
The next morning, less than a mile from the Circle K, a fisherman found Teresa’s body in Knight Lake. A medical examiner later found that she had been raped, strangled and was still alive when her attacker drowned her. Bodily fluid, presumably from the killer, was found on her underwear − DNA that was saved.
Duckett became a suspect when a sheriff’s investigator, Sgt. Chuck Johnson, thought the officer was acting nervous at the scene of the body recovery, “was not curious about the death,” and told a “rehearsed-sounding story” about his interaction with Teresa and the events of the night before. Duckett was charged with murder five months later.
What happened at James Duckett’s trial?
At trial, prosecutors called James Duckett a “cold-blooded killer” and said that unlike him, Teresa didn’t have a judge or jury.
“She had a police officer named Duckett pick her up and put her in the car and take her down to Knight Lake, and he sentenced her to be raped, and he sentenced her for threatening to tell on him and taking away his power, his almighty power of the badge,” they told jurors, according to court records. “She threatened to tell when she was hurt … so he sentenced her to die. He served as executioner.”
Among the state’s evidence: a pubic hair found on Teresa that an FBI analyst said was consistent with Duckett’s, Teresa’s fingerprints on the hood of Duckett’s car, tire tracks at the scene of the murder that police say matched Duckett’s patrol car, and a key witness who testified that she saw Duckett drive off with a small person in his patrol car shortly after he spoke with Teresa.
Prosecutors also put three young women on the stand who testified that they were underage when Duckett sexually harassed or abused them.
Duckett’s attorneys have been working to poke holes in the trial evidence, saying that Teresa’s fingerprints were on the car hood because she sat on it at the Circle K, that a second hair found on the girl’s body was inconsistent with Duckett’s, and that Duckett’s tire tracks were at the scene because drove there after the body was found.
They also argue that the state’s key witness agreed to give bogus testimony in exchange for getting out of jail early and that there was no evidence to corroborate the stories of the three young women who testified that Duckett had been inappropriate with them.
Duckett’s attorneys also argue that there were far likelier suspects in the case, including the teen Teresa was talking to before she vanished and various men who were boyfriends or friends of her mother’s.
“For reasons beyond his control, James Duckett was chosen as the suspect, and other more likely suspects were allowed to walk away,” his attorneys argue in court records. “Rather than find the real perpetrator, the state chose to proceed with a circumstantial evidence case against Mr. Duckett.”
Just before he was sentenced to death, Duckett pleaded with the judge in the case to spare his life.
“I did not do this,” he said, according to court records. “When the person who did this repeats it, I want to see the face of the person telling the victim’s mother, father, sister or brother, ‘I am sorry. We thought we had the right one before.’”
An execution scheduled, then stopped
After spending nearly 40 years on death row, James Duckett’s execution was scheduled for March 31 after Florida Gov. Ron DeSantis signed his death warrant last month.
Duckett’s attorneys fought to stop the execution so that DNA testing could be conducted on the semen collected from the crime scene. On March 26, the Florida Supreme Court agreed to issue a stay of execution pending results from the testing.
The results, which came in on March 27, were inconclusive, possibly because so little of the DNA collected was left to be analyzed. But Duckett’s attorneys had argued that a different lab would be more likely to extract useable results.
The Florida Supreme Court could have lifted its stay because the initial results were inconclusive. Instead, the court decided to uphold it on March 30 in a 6-1 ruling, stopping Duckett’s execution for now.
Duckett’s attorney, Mary Wells, told USA TODAY that the stay was “a significant step toward preventing the irreversible harm that will result if the State of Florida executes an innocent man.”
“DNA testing … has the potential to conclusively establish Mr. Duckett’s innocence,” she said. “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.”
The state’s Attorney General’s Office had argued in court that the stay should be lifted because the DNA results were inconclusive and that Duckett sought DNA testing far too late.
“Duckett waited until after a warrant was signed to seek DNA testing for a murder he committed over 38 years ago where he knew about the (DNA) slide at least since the relinquishment in 2003,” they wrote. “But he did not seek DNA testing as soon as the science was sufficiently advanced. A truly innocent man would have sought … DNA testing as soon as it was available.”
What happens now?
In its order upholding the execution stay, the Florida Supreme Court ordered Lake County Circuit Judge Brian Welke to provide the higher court with a status report by the end of day on April 2
Welke is expected to decide whether there should be further testing of the DNA. Welke is the judge who initially granted Duckett’s request to test the DNA.
In his dissenting opinion to uphold the stay, Florida Supreme Court Justice Adam Tanenbaum wrote that Duckett’s DNA fight amounts to “a Hail Mary pass” and that given the inconclusive test results, there is “nothing further for (Welke) to do at this point.”
“Indeed, as has been the case for decades, there is no exonerating evidence at all to justify any further delay in the defendant’s execution, which has been a long time coming,” Tanenbaum wrote. “Justice for the victim and her family has been delayed far too long. The defendant’s time is up.”
Amanda Lee Myers is a senior crime reporter who covers cold case investigations and the death penalty for USA TODAY. Follow her on X at @amandaleeusat.
Florida
Florida man ‘purposely walked’ onto tracks before being hit by train
A 63-year-old man who died after being struck by a freight train March 29 “purposely walked onto the tracks,” an Indian River County Sheriff’s Office spokesperson said March 30.
Sheriff’s officials at 7:20 a.m. March 29 went to the scene at the 77th Street railroad crossing just west of Old Dixie Highway.
Lt. Kevin Jaworski, sheriff’s spokesperson, said the deceased lived in the area where the incident happened, though his name was not immediately being released until additional family members were notified.
Jaworski said the man may have tried to die by suicide.
“Investigators are still looking into it, but I can tell you that he was on the railroad tracks improperly,” Jaworski said. “This wasn’t a malfunction of the gates … he purposely walked onto the tracks.”
Jaworski said investigators spoke to personnel on the Florida East Coast Railway freight train, which was southbound at the time, who provided statements.
“Most trains, if not all trains, have video, so usually the first thing we do is request the video from the train officials and usually pretty quick we’re able to determine what happened,” Jaworski said. “So between the video and then speaking with the … staff we were able to determine that pretty quickly.”
Jaworski said the train in the incident was about 2 miles long, noting trains of that type typically are 1- to 1.5-miles long.
“That’s why you saw a lot of the traffic issues,” Jaworski said. “This one was so long that you had multiple crossings, and that’s why you saw the traffic issues yesterday (March 29) morning.”
Will Greenlee is a breaking news reporter for TCPalm. Follow Will on X @OffTheBeatTweet or reach him by phone at 772-267-7926. E-mail him at will.greenlee@tcpalm.com.
Florida
77-year-old Florida man arrested after allegedly threatening woman with gun on U.S. 1
A 77-year-old man is facing charges after deputies say he threatened a woman with a firearm during a domestic incident in the Florida Keys.
According to the Monroe County Sheriff’s Office, the incident happened around 2:50 p.m. on March 28 near Mile Marker 38 on U.S. 1.
Authorities say Charles Durand Wilkinson, of Okeechobee, retrieved a revolver and told the victim, “I aught to shoot you.”
The woman was able to pull over, disarm Wilkinson, and throw the firearm into nearby bushes, deputies said. The weapon was later recovered by responding officers.
Wilkinson was arrested and charged with aggravated assault with a deadly weapon.
No serious injuries were reported.
Florida
Man killed in Florida train crash railroad crossing in Indian River
The train hit a pedestrian about 7:20 a.m. March 29 at the 77th Street railroad crossing, just west of Old Dixie Highway.
A man died in a freight train crash on the morning of March 29 in Indian River County, according to sheriff’s officials.
The Florida East Coast Railway train hit the man, identified as a pedestrian, about 7:20 a.m. at the 77th Street railroad crossing, just west of Old Dixie Highway, according to officials.
The man was pronounced deceased at the scene, according to officials. His name was withheld pending notification of his next of kin.
Because of the length of the train, several crossings in the area remain closed until the train can be moved. Drive alternate routes if traveling in the area.
County Road 510 at the crossing and 77th Street at 58th Avenue are currently closed.
A Brightline train was seen stopped just south of 69th Street unable to travel north.
Sheriff’s deputies and railroad officials remain at the scene investigating the cause of the crash.
No further information was immediately available.
Laurie K. Blandford is a breaking news reporter with TCPalm. Email her at laurie.blandford@tcpalm.com.
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