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

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<v Speaker 1>Hey, folks, it is Friday, March twenty seventh, and here's

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<v Speaker 1>something you don't hear every day out of Florida. They

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<v Speaker 1>have granted a stay of execution for a death row inmate.

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<v Speaker 1>But the case gets more interesting because the clock is

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<v Speaker 1>still ticking on that execution robes.

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<v Speaker 2>Help us with this.

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<v Speaker 1>Welcome this episode of Amy and TJ. This is a

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<v Speaker 1>scheduled execution for next week. It could or could not

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<v Speaker 1>go through robes based on some DNA testing that is pending.

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<v Speaker 1>This is a hell of a high stakes case right now.

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<v Speaker 3>It certainly is, and all eyes are on the state

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<v Speaker 3>of Florida.

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<v Speaker 4>This is almost unheard of. That's why it's it's.

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<v Speaker 3>First of all, it's very very rare that the Supreme

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<v Speaker 3>Court would step in and stay this execution pending further

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<v Speaker 3>order first place.

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<v Speaker 4>But it's even a bigger deal.

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<v Speaker 3>That it's happening in the state of Florida because this

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<v Speaker 3>was a heinous crime. A former police officer convicted of

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<v Speaker 3>raping and murdering an eleven year old girl. We're talking

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<v Speaker 3>about James Aaron Duckett.

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<v Speaker 1>Yeah, Look, Florida, we've done a lot of executions, and

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<v Speaker 1>not like execution stories out of Florida. And just for

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<v Speaker 1>that context, Robes, it's given how DeSantis is signing death

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<v Speaker 1>Warrens left and right to hear that one has been

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<v Speaker 1>halted days.

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<v Speaker 2>Before it was supposed to go through.

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<v Speaker 1>Today is the twenty seventh, it's scheduled for the thirty first,

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<v Speaker 1>and it still might go through. It might not go through.

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<v Speaker 1>And I guess, Robes, is it possible this man could

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<v Speaker 1>go free given the stakes we're talking about. We won't

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<v Speaker 1>give you everybody these details, but I've we haven't discussed

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<v Speaker 1>that to this Are we really talking about this man

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<v Speaker 1>could possibly, yes, get exonerated.

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<v Speaker 4>Yes, all of the above is possible.

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<v Speaker 3>He could be he could still be executed on Tuesday,

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<v Speaker 3>and he could just have a postponed execution that would

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<v Speaker 3>be rescheduled for a later date. Or he could be

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<v Speaker 3>completely exonerated. It really is one of those three things.

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<v Speaker 3>This is a big deal, and we're recording this just

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<v Speaker 3>before noon on Friday. They have given the Supreme Court

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<v Speaker 3>has given the State of Florida a deadline by the

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<v Speaker 3>end of business today. They have to let the court

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<v Speaker 3>know where this DNA evidence is, what the status of

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<v Speaker 3>the testing is.

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<v Speaker 4>That is what's at play here.

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<v Speaker 3>James Aaron Duckett's attorneys say that they now have a

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<v Speaker 3>new way of testing some DNA that was found in

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<v Speaker 3>that little girl's pants, basically that they say they believe

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<v Speaker 3>could exonerate their clients.

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<v Speaker 1>And this was back in May of nineteen eighty seven,

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<v Speaker 1>is what we're talking the communities outside of Orlando.

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<v Speaker 2>I have that right where he was.

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<v Speaker 1>But yes, he did work as a police officer for

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<v Speaker 1>little Teresa mccabee was out eleven years old. The officer

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<v Speaker 1>runs into her and another friend says their outpass curfew,

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<v Speaker 1>says she needs to get in his car. That is

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<v Speaker 1>the last time she's seen and she's reported missing. The

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<v Speaker 1>next day, her body was found in a lake. Medical

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<v Speaker 1>examiner determined this eleven year old girl robes just and

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<v Speaker 1>again we got a thirteen year old in old house.

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<v Speaker 1>I just think about the child that did. Just to

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<v Speaker 1>hear what the medical examiners say this girl went through

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<v Speaker 1>was just awful.

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<v Speaker 4>It's absolutely horrific.

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<v Speaker 3>Yes, the medical examiner said that little Oh my gosh,

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<v Speaker 3>this little girl was sexually assaulted, she was strangled and

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<v Speaker 3>then drowned.

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<v Speaker 4>That's just awful.

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<v Speaker 3>It's hard to even get your head around just the

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<v Speaker 3>viciousness and the cruelty. But I also look, there was

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<v Speaker 3>a lot of evidence. When you go through what happened

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<v Speaker 3>in the trial, I'm actually kind of shocked that the

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<v Speaker 3>Supreme Court, I believe the decision was six to one

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<v Speaker 3>correct saying putting a stay on this execution.

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<v Speaker 1>But when we go back, I'm sorry, we didn't just

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<v Speaker 1>think this was the State Supreme Court, so not the

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<v Speaker 1>US Supreme Court. I guess the US Supreme Court, this

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<v Speaker 1>never gets involved.

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<v Speaker 4>Yeah, they say no, thanks hard pass.

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<v Speaker 3>The State Supreme Court voted six to one so overwhelmingly

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<v Speaker 3>in favor of staying the execution. But you go back

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<v Speaker 3>and you read what came out in court and the

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<v Speaker 3>evidence that was presented against him, it's kind of it

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<v Speaker 3>kind of looks like everything points to this former police officer.

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<v Speaker 1>You know, I kind of little off the direction we're going,

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<v Speaker 1>But you made me think of it, robes, shouldn't we

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<v Speaker 1>get it?

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<v Speaker 2>Right?

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<v Speaker 1>I mean, should no matter what if there's a question, Okay,

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<v Speaker 1>let's give it a couple of days, let's figure this out.

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<v Speaker 3>You know, you make a very good point, and I

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<v Speaker 3>think that's pretty much where the Supreme Court was at

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<v Speaker 3>this point, because they even said according to court records,

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<v Speaker 3>that even the state of Florida acknowledged that this evidence

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<v Speaker 3>could prove his innocence. And so if there's even a

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<v Speaker 3>thought or a question or a possibility that this new

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<v Speaker 3>evidence or a new way of testing this evidence is available,

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<v Speaker 3>why shouldn't we Why wouldn't we do this before executing

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<v Speaker 3>a man?

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<v Speaker 4>You can't undo that.

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<v Speaker 1>So this is yes DNA. I believe it was seeming

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<v Speaker 1>that it was found on the little girl's pants. They

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<v Speaker 1>have that, and they have had that, but it hasn't

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<v Speaker 1>gone through whatever latest and greatest DNA testing. I did

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<v Speaker 1>see a report as well that he it's been talked

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<v Speaker 1>about in the past, and he wasn't on board with

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<v Speaker 1>even having this DNA test.

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<v Speaker 3>That was what the prosecutor was trying to argue, saying, Look,

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<v Speaker 3>he had this testing, this new testing available to him starting.

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<v Speaker 4>In twenty twenty four, and they've known.

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<v Speaker 3>About the DNA, They've known about that since the very

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<v Speaker 3>beginning of the case. So why wouldn't he have pursued

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<v Speaker 3>the testing in twenty twenty four? Why wait until you

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<v Speaker 3>actually have an execution day set? Because Governor DeSantis set

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<v Speaker 3>this execution date fairly recently, and it wasn't until he

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<v Speaker 3>got his date where he was like, oh wow, that's

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<v Speaker 3>the day I'm going to die. That he then tried

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<v Speaker 3>to get this process going.

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<v Speaker 1>Thank your shot, I guess take your shot. You got

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<v Speaker 1>nothing else to lose. And maybe that's why they did it.

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<v Speaker 1>But who knows how this now DNA is going to

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<v Speaker 1>work out. But robes if this DNA which he is

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<v Speaker 1>claiming could clear him, first of all, does it well?

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<v Speaker 4>So that's my point.

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<v Speaker 3>The other evidence in the case, and they're saying yes,

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<v Speaker 3>But maybe the other evidence in the case.

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<v Speaker 4>Could be explained.

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<v Speaker 3>Some of it could be explained just by the mere

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<v Speaker 3>fact that he had her in his vehicle to allegedly

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<v Speaker 3>take her home. And I don't know what he's alleging

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<v Speaker 3>that maybe when he dropped her off, someone else must

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<v Speaker 3>have taken her.

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<v Speaker 1>Who knows, But I mean this would have to clear

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<v Speaker 1>him if the girl was sexually assaulted, and that I

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<v Speaker 1>mean the semen that was left behind doesn't belong to

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<v Speaker 1>this guy. That's exculpatory. I mean, does that nicely hear him? Yes,

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<v Speaker 1>that would that somebody else. But like you said, roll

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<v Speaker 1>all this other stuff he pieced together, some of its circumstantial,

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<v Speaker 1>some of it seemed to be hard evidence of the interaction.

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<v Speaker 3>Yes, yes, so the evidence that was presented at trial.

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<v Speaker 3>First of all, both of their fingerprints were on the car,

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<v Speaker 3>So both his James Ducketts and Teresa mcabee's fingerprints were

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<v Speaker 3>on his car. I think that could be explained just

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<v Speaker 3>by the fact that she was seen in his car

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<v Speaker 3>getting into his car.

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<v Speaker 4>So that's okay.

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<v Speaker 3>But the tire tracks to his vehicle match the tire

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<v Speaker 3>tracks left behind at the lake where her body was found.

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<v Speaker 4>Yeah, that's tough to get around.

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<v Speaker 3>And then the blood and hair from the victim were

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<v Speaker 3>traced back to him.

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<v Speaker 2>That's how they got to him in the first place.

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<v Speaker 2>That it was. So again, how you going to explain

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<v Speaker 2>it away? Who knows?

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<v Speaker 3>And then to me one of the more damning ones.

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<v Speaker 3>And I know this is circumstantial, but this still had

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<v Speaker 3>some weight when I was reading about it. Other girls

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<v Speaker 3>in the area testified that this dude, this police officer,

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<v Speaker 3>James Duckett, was creepy, would offer them rides and.

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<v Speaker 4>Tried to assault them.

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<v Speaker 3>So there was a pattern of behavior that was established

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<v Speaker 3>by three other young girls who testified at his trial.

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<v Speaker 1>Yeah, and some of that, it's some of that's circumstantial,

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<v Speaker 1>and some of that seems to be evidence pointing towards him.

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<v Speaker 1>But Ropes is he if he thought this DNA was

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<v Speaker 1>there and could clear him, he would have been screaming

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<v Speaker 1>for the past twenty whatever years. Test that DNA.

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<v Speaker 4>But what's the point of screaming that now?

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<v Speaker 3>So you get it postponed, so there's a stay of executions,

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<v Speaker 3>so you can get another week, another month, maybe another year.

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<v Speaker 3>But ultimately, if that DNA is tested, that's the final nail.

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<v Speaker 3>And I mean it is going to be I shouldn't

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<v Speaker 3>say if it is going to be tested. When it

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<v Speaker 3>comes back, if it shows it's his DNA, he just

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<v Speaker 3>puts the final note.

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<v Speaker 4>I guess he has nothing to lose. Maybe it would

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<v Speaker 4>be the point I would.

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<v Speaker 1>Say, we have seen again, Roe, we just happened to

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<v Speaker 1>have covered a lot of executions and at the end

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<v Speaker 1>they try everything, and we have seen some try things

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<v Speaker 1>that and have the same argument from the judges and

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<v Speaker 1>the prosecutors like this was here the whole time you

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<v Speaker 1>had twenty years, you could have tried this option. You're

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<v Speaker 1>just trying to delay. And yes, Robes, I bet somebody

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<v Speaker 1>if you knew you were supposed to die next Tuesday,

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<v Speaker 1>and they pushed it to Wednesday.

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<v Speaker 2>You would appreciate it, right. You fight for it at.

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<v Speaker 1>The end, You fight forever, every last second, in every

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<v Speaker 1>last breath. And maybe that's all this is. However, Robes

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<v Speaker 1>what if? What if is DNA is tested?

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<v Speaker 4>You know it's you make a good point.

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<v Speaker 3>And if you're, if you're at any point a part

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<v Speaker 3>of the process that leads to the execution of a man,

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<v Speaker 3>however legal and however warranted it may be in the

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<v Speaker 3>eyes of most people, you still if you had any doubt,

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<v Speaker 3>it's just a the tiniest pinprick of a doubt that.

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<v Speaker 4>Would stay with you. It would stay with me.

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<v Speaker 3>It would be one of those things where why wouldn't

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<v Speaker 3>we have tested the DNA, Why wouldn't we have turned

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<v Speaker 3>over every rock, Why wouldn't we have just made sure,

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<v Speaker 3>beyond a shadow of a doubt that this man absolutely

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<v Speaker 3>is guilty of this horrific crime against this eleven year

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<v Speaker 3>old girl.

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<v Speaker 1>So the testing point, as we're speaking, we don't know

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<v Speaker 1>the status, but the court has given the state a

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<v Speaker 1>deadline of this evening, early evening to let them know.

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<v Speaker 1>I don't know if they need the results of the

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<v Speaker 1>but they want at least the status.

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<v Speaker 4>They want at least the status.

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<v Speaker 3>But from what I've read, it's very well possible that

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<v Speaker 3>we will actually have the results of the DNA testing

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<v Speaker 3>by late today.

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<v Speaker 1>And so you have a stay in place by the court.

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<v Speaker 1>They can lift that at any time that they want to.

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<v Speaker 1>So I guess some more legal wrangling needs to take place.

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<v Speaker 1>But through all this, yes, he wants the DNA test it,

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<v Speaker 1>but he has been proclaiming his innocence. Stay here, we

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<v Speaker 1>will let you hear what his attorneys the statement they

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<v Speaker 1>put out having to do with all this latert back

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<v Speaker 1>and forth just days before execution day.

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<v Speaker 3>Welcome back everyone to this Friday episode here on Amy

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<v Speaker 3>and TJ, where we are talking about something we don't

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<v Speaker 3>talk about very often, the state of Florida. The state

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<v Speaker 3>Supreme Court there put a stay of execution on a

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<v Speaker 3>man convicted of a heinous crime, and just days away

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<v Speaker 3>from execution. We're talking about former police officer James Aaron Duckett.

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<v Speaker 3>He was convicted of sexually assaulting and murdering an eleven

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<v Speaker 3>year old girl, Teresa mccabee, back in nineteen eighty seven.

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<v Speaker 3>His scheduled execution was set for Tuesday, March thirty first,

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<v Speaker 3>but the court has stepped in saying, wait a minute,

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<v Speaker 3>we need to know there is a new way of

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<v Speaker 3>testing DNA that was found on those I think it

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<v Speaker 3>was her little it was her pants, correct semen on

0:11:32.920 --> 0:11:35.720
<v Speaker 3>her pants. So this is now we are waiting for

0:11:36.000 --> 0:11:39.240
<v Speaker 3>final word of where the process is in the testing

0:11:39.240 --> 0:11:42.120
<v Speaker 3>and if we actually have perhaps even some results from

0:11:42.120 --> 0:11:44.200
<v Speaker 3>the DNA testing by the end of the day today.

0:11:44.280 --> 0:11:46.160
<v Speaker 4>So this is this is.

0:11:46.120 --> 0:11:49.480
<v Speaker 3>An hour by hour, moment by moment case, because there

0:11:49.480 --> 0:11:51.360
<v Speaker 3>are we've mentioned three things that could happen.

0:11:51.600 --> 0:11:54.440
<v Speaker 1>I just thought about another thing I didn't think about before.

0:11:55.320 --> 0:11:57.960
<v Speaker 1>What if is inconclusive? Is there any chance is not

0:11:58.000 --> 0:11:59.120
<v Speaker 1>a good enough sample?

0:11:59.320 --> 0:12:03.080
<v Speaker 3>If it's income exclusive, I would imagine the standing of

0:12:03.200 --> 0:12:06.679
<v Speaker 3>the court nineteen ninety he was convicted, that would have

0:12:06.800 --> 0:12:10.559
<v Speaker 3>to stand, and the decision by the jury to vote

0:12:10.600 --> 0:12:13.000
<v Speaker 3>for death that would have to stand.

0:12:13.120 --> 0:12:17.079
<v Speaker 4>So this might just be a brief pause.

0:12:17.400 --> 0:12:21.600
<v Speaker 3>This could be a longer stay while they figure things out,

0:12:21.720 --> 0:12:22.959
<v Speaker 3>or he could be exonerated.

0:12:23.920 --> 0:12:26.880
<v Speaker 1>This is incredible. I am We're sitting here talking about

0:12:26.880 --> 0:12:28.800
<v Speaker 1>a crime. How many years ago was this growth on

0:12:28.800 --> 0:12:29.079
<v Speaker 1>this one?

0:12:29.240 --> 0:12:32.160
<v Speaker 4>Forty almost forty years ago? Thirty nine years ago.

0:12:32.320 --> 0:12:34.080
<v Speaker 1>So we are looking at a clock and in a

0:12:34.120 --> 0:12:38.920
<v Speaker 1>few hours we could find word that this guy is innocent,

0:12:39.040 --> 0:12:39.800
<v Speaker 1>he didn't do it.

0:12:39.920 --> 0:12:40.440
<v Speaker 2>I don't know.

0:12:40.480 --> 0:12:43.119
<v Speaker 1>I don't know how many people out there are proclaiming

0:12:43.160 --> 0:12:46.320
<v Speaker 1>his innocence necessarily other than his own legal team at

0:12:46.360 --> 0:12:48.720
<v Speaker 1>this point, but that would be incredible. We are this

0:12:48.760 --> 0:12:51.600
<v Speaker 1>is a weird countdown or weird thing to be waste

0:12:51.720 --> 0:12:52.679
<v Speaker 1>on standby.

0:12:52.320 --> 0:12:55.160
<v Speaker 3>For yeah, on a Friday afternoon, knowing that there is

0:12:55.679 --> 0:12:58.800
<v Speaker 3>the possibility that his execution will go forward four days

0:12:58.840 --> 0:13:01.959
<v Speaker 3>from now. This is what his attorney had to say

0:13:02.520 --> 0:13:06.720
<v Speaker 3>following the Court's order or the Supreme Court's order, James

0:13:06.800 --> 0:13:10.880
<v Speaker 3>Duckett has steadfastly professed his innocence for the nearly four

0:13:10.960 --> 0:13:14.719
<v Speaker 3>decades he has been on death row. DNA testing currently underway,

0:13:14.880 --> 0:13:17.680
<v Speaker 3>as ordered by the Circuit Court, has the potential to

0:13:17.760 --> 0:13:22.560
<v Speaker 3>conclusively establish mister Duckett's innocence. Mister Duckett and his defense

0:13:22.600 --> 0:13:26.199
<v Speaker 3>team are grateful for the Court's decision, recognizing the importance

0:13:26.200 --> 0:13:29.840
<v Speaker 3>of ensuring that the testing proceeds in a careful, thorough

0:13:30.120 --> 0:13:33.840
<v Speaker 3>and orderly manner. We remain hopeful that the results will

0:13:33.880 --> 0:13:37.240
<v Speaker 3>bring long awaited clarity and justice.

0:13:37.960 --> 0:13:40.040
<v Speaker 2>Hopeful it brings clarity injustice.

0:13:40.160 --> 0:13:43.800
<v Speaker 4>It could yes, actually it either way. It could do that.

0:13:44.080 --> 0:13:46.600
<v Speaker 1>Very well, but well said, and it seems like they

0:13:46.640 --> 0:13:49.800
<v Speaker 1>were leaving open the possibility, well, this might not go

0:13:49.840 --> 0:13:50.640
<v Speaker 1>their clients.

0:13:50.400 --> 0:13:54.600
<v Speaker 3>Because all the other evidence points directly at James Duckett.

0:13:54.600 --> 0:13:57.120
<v Speaker 3>So yes, if this bit of sperm, if this bit

0:13:57.160 --> 0:14:01.640
<v Speaker 3>of DNA that was on that little girls' pants, if

0:14:01.679 --> 0:14:05.640
<v Speaker 3>that has a different suspect another person, yeah, the whole

0:14:05.679 --> 0:14:09.160
<v Speaker 3>thing is upended. His innocence now is literally hanging in

0:14:09.200 --> 0:14:12.280
<v Speaker 3>the balance. But to imagine, I haven't even let myself

0:14:12.320 --> 0:14:16.000
<v Speaker 3>think about thirty nine years behind bars for a crime

0:14:16.400 --> 0:14:19.200
<v Speaker 3>you didn't commit. And he was a former police officer

0:14:19.560 --> 0:14:21.720
<v Speaker 3>and maybe he was a little creepy. Maybe he was

0:14:21.800 --> 0:14:25.440
<v Speaker 3>and had some bad behavior or some tendencies, but maybe

0:14:25.520 --> 0:14:27.360
<v Speaker 3>he didn't actually commit this crime.

0:14:28.400 --> 0:14:32.720
<v Speaker 1>Also, maybe he's guilty as l and bottom line is

0:14:32.840 --> 0:14:35.800
<v Speaker 1>just fine, and you know what, but it's okay. We

0:14:35.840 --> 0:14:39.040
<v Speaker 1>talk about the death penalty plenty here and to know

0:14:39.440 --> 0:14:42.440
<v Speaker 1>that everybody feels comfortable with. Even if you don't like

0:14:42.680 --> 0:14:46.120
<v Speaker 1>the death penalty, you can at least say an innocent

0:14:46.160 --> 0:14:46.680
<v Speaker 1>man is not.

0:14:46.680 --> 0:14:47.960
<v Speaker 2>Being you know what.

0:14:48.000 --> 0:14:50.760
<v Speaker 3>And I think that either way, if he's if he's

0:14:50.920 --> 0:14:54.920
<v Speaker 3>exonerated because of the DNA, obviously that's a massive win

0:14:55.080 --> 0:14:59.960
<v Speaker 3>for James Duckett and perhaps even pointing police an investigator

0:15:00.240 --> 0:15:02.720
<v Speaker 3>in the right direction for the person who is responsible

0:15:02.800 --> 0:15:06.000
<v Speaker 3>if that's the case. But if it proves, if it

0:15:06.120 --> 0:15:09.840
<v Speaker 3>confirms that he in fact did rape and murder this

0:15:09.880 --> 0:15:12.520
<v Speaker 3>little girl as he was previously convicted of.

0:15:12.840 --> 0:15:14.080
<v Speaker 4>That does give peace of mind.

0:15:14.080 --> 0:15:15.880
<v Speaker 3>It gives peace of mind to everyone involved in the

0:15:15.920 --> 0:15:18.480
<v Speaker 3>process that they got the right guy and that the

0:15:18.600 --> 0:15:22.000
<v Speaker 3>right guy is paying for his sins on Tuesday. So

0:15:22.360 --> 0:15:25.320
<v Speaker 3>this is a really interesting case. It's developing. We will,

0:15:25.360 --> 0:15:27.200
<v Speaker 3>of course keep our eye on this, but we thought

0:15:27.240 --> 0:15:29.880
<v Speaker 3>we would let you know what's happening right now in

0:15:29.960 --> 0:15:32.280
<v Speaker 3>the state of Florida. But with that, everyone, thank you

0:15:32.360 --> 0:15:35.120
<v Speaker 3>so much for listening to us. I'm Amy Robach alongside TJ.

0:15:35.240 --> 0:15:35.560
<v Speaker 1>Holmes.

0:15:35.920 --> 0:15:36.920
<v Speaker 4>We'll talk to you soon.