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Speaker 1: Hey there, folks. It is Monday, March thirtieth, and an

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Speaker 1: execution is scheduled for tomorrow. But one death row inmate

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Speaker 1: is not sure if he is waking up today and

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Speaker 1: this is his last full day on earth. Because there

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Speaker 1: are questions about that execution. There are stays in place.

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Speaker 1: The Supreme Court is all those DNA testing you name it,

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Speaker 1: and right now we're opes. As we sit here, we

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Speaker 1: don't know what's going to happen tomorrow to James Duckett.

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Speaker 1: With that, welcome to this episode of Amy and TJ.

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Speaker 1: We previewed this last week in robes Rare. Supreme Court

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Speaker 1: put a stay of execution in place waiting on some

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Speaker 1: DNA results on Friday that eventually came.

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Speaker 2: Yes. So the results came and they were inconclusive, big fact.

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Speaker 3: Nothing. So now the state of Florida immediately when those

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Speaker 3: DNA test results came in immediately filed an order asking

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Speaker 3: now the Court to lift that stay of execution and

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Speaker 3: to proceed as scheduled with the execution of James Duckett tomorrow.

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Speaker 2: At six thirty pm. At six pm s all right, But.

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Speaker 1: As we sit here as of this moment, it has

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Speaker 1: not been lifted as of this moment, there is a

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Speaker 1: stay of execution still in place in Florida for this man.

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Speaker 1: As we sit here at this moment, robes that execution

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Speaker 1: is not and cannot go forward until some legal action

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Speaker 1: takes place.

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Speaker 3: That's right, and so yes, we mentioned this state immediately

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Speaker 3: said hey, can you lift that stay of execution?

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Speaker 2: We'd like to go forward.

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Speaker 3: But not surprisingly, Duckett's attorneys then immediately filed an emergency

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Speaker 3: motion for further testing because.

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Speaker 2: It was inconclusive.

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Speaker 3: They now want the DNA testing to happen at their

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Speaker 3: guys office. They have a lab basically that they say

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Speaker 3: is ready, willing and able to reread this DNA and

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Speaker 3: they claim they'll be able to come to a conclusive

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Speaker 3: understanding of what or who this DNA from.

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Speaker 1: And reminded the folks here who who we're talking about,

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Speaker 1: and who his lawyers are fighting to keep alive. This

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Speaker 1: is not a guy a reminder here, not someone where

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Speaker 1: there is a question. There hasn't been robes about guilt

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Speaker 1: or innocence. He is convicted of a pretty not pretty

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Speaker 1: heinous This is awful stuff.

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Speaker 2: It's about as bad as it gets.

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Speaker 3: So this this man Ducket, was basically he's been on

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Speaker 3: death row for nearly forty years for the the drowning

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Speaker 3: and the rape of an eleven year old girl, Teresa Mcamie,

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Speaker 3: back in nineteen eighty seven. So this is a guy

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Speaker 3: who's been on death row for nearly forty years. He

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Speaker 3: was convicted of, yes, sexually assaulting, drowning this young girl.

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Speaker 3: And there is a whole lot of evidence beyond this

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Speaker 3: DNA in.

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Speaker 1: Question, physical and witnesses called in this case. However, Robes

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Speaker 1: move us all forward to this moment. He Dissanta's down

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Speaker 1: there again, running out in He's signing death warrants left

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Speaker 1: and right over the past couple of years. Signed as

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Speaker 1: a death warrant. So after the death warrant was signed,

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Speaker 1: now Duckett says, wait, wait, wait, wait wait, there's some

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Speaker 1: DNA on the victim's pants that needs to be tested.

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Speaker 1: I want tested because of his proofs that DNA is

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Speaker 1: not mine, then this could clear me. That is the

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Speaker 1: argument he made before the State Supreme Court. The State

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Speaker 1: Supreme Court said, okay, knock yourself out, and the argument

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Speaker 1: is about, like you said, where the testing was going

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Speaker 1: to take place. There was one dissenting voice on the

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Speaker 1: Supreme Court I think the vote was four to one,

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Speaker 1: But the one dissenting voice, Rode, brought up a lot

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Speaker 1: of arguments that the state has brought up and that

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Speaker 1: you would bring up from common sense. This DNA has

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Speaker 1: been sitting there for years, The technology has been sitting

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Speaker 1: there for years. Why all of a sudden you want

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Speaker 1: to test it now?

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Speaker 2: Correct?

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Speaker 3: In fact, he declined to have it tested when it

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Speaker 3: was offered to him in twenty twenty four. Basically, it's

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Speaker 3: a microscopic amount of seamen on this eleven year old's

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Speaker 3: pair of genes that wasn't able to be tested with

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Speaker 3: previous technology. New technology, advanced DNA screening has now emerged

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Speaker 3: in the years, and yes, starting in twenty twenty four,

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Speaker 3: this screening, this testing was available, and he declined, so

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Speaker 3: to wait right until DeSantis on February twenty seventh, signed

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Speaker 3: his death warrant until the days leading up.

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Speaker 2: To the actual execution itself.

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Speaker 3: Then and only then does he say, hey, wait, I

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Speaker 3: want to get this DNA tested. So the prosecution said, an,

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Speaker 3: if you were innocent from the beginning, like you claim

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Speaker 3: you are, you would have demanded that that DNA be

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Speaker 3: tested the moment that testing was available, and you didn't,

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Speaker 3: and that speaks volumes is.

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Speaker 1: Sales available twenty twenty four and probably even earlier.

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Speaker 2: It was offered to him in twenty twenty four time.

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Speaker 1: So now he wants to take and look, I give

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Speaker 1: we said this last week, bro, we give the State

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Speaker 1: Supreme Court credit. Let's just make sure, make sure that

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Speaker 1: this is nothing's going to come. Let him have every

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Speaker 1: option in every appeal. So sure enough, we were waiting

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Speaker 1: on Friday when they just wanted a status update. They

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Speaker 1: just wanted to know how the testing was going. We

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Speaker 1: didn't know we were going to get results.

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Speaker 3: Yeah, they said by five pm on Friday they needed

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Speaker 3: to have a status update on where the DNA testing was.

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Speaker 3: And because the testing came back inconclusive, it was interesting

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Speaker 3: the way the DA worded it. They said, because the

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Speaker 3: DNA testing is complete and the results do not exonerate Ducket,

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Speaker 3: this stay of execution should be lifted, okay, And that

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Speaker 3: was what his attorneys were claiming, that this could exonerate him,

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Speaker 3: this could prove his innocence, and so the state says, fine,

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Speaker 3: but it's inconclusive, which does not prove his innocence, which

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Speaker 3: does not exonerate him. So let's continue in the process

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Speaker 3: that was already agreed upon now for forty plus years,

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Speaker 3: for nearly forty years.

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Speaker 1: It doesn't exonerate him. It doesn't convict him either. But

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Speaker 1: also there was robes so much other evidence in this

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Speaker 1: case that the DNA obviously wasn't necessary to convict them

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Speaker 1: the first place.

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Speaker 2: That's correct.

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Speaker 3: So both of their fingerprints, both the eleven year old's

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Speaker 3: fingerprints and the office he was by the way, did

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Speaker 3: we mention he was a former police officer. He was

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Speaker 3: a police officer when this happened. But both of the

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Speaker 3: young girls and his fingerprints were on his car. The

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Speaker 3: tire tracks that were leading to the lake where the

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Speaker 3: little girl's body was found drowned match his tires, and

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Speaker 3: there was blood and hair from the little girl traced

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Speaker 3: back to him.

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Speaker 2: And there's another thing. Three other young.

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Speaker 3: Girls testified that he had given him or given them

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Speaker 3: rides before and tried to assault them. So it was

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Speaker 3: almost an identical scenario where he found this little eleven

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Speaker 3: year old girl who was out past curfew.

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Speaker 2: Said get in the car. I'm going to take you home.

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Speaker 2: She never gets home, she's and she was with a

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Speaker 2: sixteen year old boy out past curfew.

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Speaker 3: So all this he told the sixteen year old to,

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Speaker 3: you know, scram basically takes her, puts her in his vehicle. Yes,

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Speaker 3: and the sixteen year old saw it.

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Speaker 1: So that's the evidence against him, correct.

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Speaker 3: So it's fairly damning. But he has maintained is into

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Speaker 3: since the entire time. We should mention. However, a jury

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Speaker 3: found him guilty beyond a reasonable doubt.

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Speaker 1: And look, the it was so interesting reading the dissenting opinion.

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Speaker 1: It was I want to say it was sarcastic, but

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Speaker 1: it was almost It was legally sound and all that

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Speaker 1: good stuff, and had citations, but it was almost a

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Speaker 1: come on, dude, give me a break. You could have

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Speaker 1: had this and now in this late hour. And they

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Speaker 1: also talked about the issue of where the test. The

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Speaker 1: state was fighting to make sure that a state lab

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Speaker 1: did the testing. So that was a back and forth.

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Speaker 1: But again, what else can you give the guy? This

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Speaker 1: is just a further delay, is it not? Okay? Yeah,

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Speaker 1: you tested as inconclusive, but now I want this other

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Speaker 1: lab and then when that tests it and that doesn't

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Speaker 1: come out the way I want, then I wanted to

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Speaker 1: go to another specialty lab out there. I mean, what

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Speaker 1: there's no stop to it.

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Speaker 3: You mentioned that oftentimes we do see this, that inmates

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Speaker 3: will do anything to get an day, to get another hour,

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Speaker 3: to get a little more time, and that very well

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Speaker 3: may be the case. When we come back, we're going

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Speaker 3: to tell you what ducats attorneys had to say. They

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Speaker 3: actually issued a statement within their filing immediately after prosecutors

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Speaker 3: said let's get this execution back on track for Tuesday.

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Speaker 3: We will tell you when we come back what his

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Speaker 3: attorneys have to say in his defense. And welcome back

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Speaker 3: everyone to this episode of Amy and TJ, where we

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Speaker 3: are a waiting word from the state of Florida from

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Speaker 3: the courts there at this point, Now, who put a

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Speaker 3: stay of execution on sixty eight year old James Duckett's execution,

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Speaker 3: which was scheduled for Tuesday, that's tomorrow, March thirty. First,

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Speaker 3: they were awaiting test results, DNA test results. Those test

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Speaker 3: results came back, they were inconclusive. The prosecutors say, didn't

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Speaker 3: ex honerate him, so let's go forward. Ducat's attorneys say, wait, wait, wait, wait, wait,

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Speaker 3: hold up a second, we want a little more time.

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Speaker 1: For what I mean. We say this all the time

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Speaker 1: Rob was about it is incredible. No matter who you are,

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Speaker 1: when it comes to the end, you fight for more time.

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Speaker 1: It doesn't I mean it just in the end we

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Speaker 1: see it time and again. And this hardened criminal, it

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Speaker 1: didn't care, still fighting for what to continue a prison sentence,

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Speaker 1: never getting out of jail. But it's I think it's

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Speaker 1: fascinating just the human just we all have that in us,

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Speaker 1: to see how much they fight just to scrap and

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Speaker 1: claw for any chance of life continuing.

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Speaker 3: And yeah, and some people might make the argument that's

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Speaker 3: why the death penalty is the ultimate punishment, that's why

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Speaker 3: it's good to have because clearly, in the end, no

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Speaker 3: one wants to die. However, the problem is it's rarely

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Speaker 3: a deterrent because folks don't think they're gonna get caught.

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Speaker 1: Yeah, I got forty years, so I get caught, all right.

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Speaker 3: It doesn't matter until you're in your days away, until

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Speaker 3: that clock really is ticking. And in this country the

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Speaker 3: clock has been very slow to move.

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Speaker 1: And which you want to I'm much showIn this when

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Speaker 1: this was eighty.

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Speaker 2: This was nineteen eighty seven. Was the murder almost to

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Speaker 2: the day.

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Speaker 3: It was in May of nineteen eighty seven, and he

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Speaker 3: was convicted in nineteen ninety. But yes, we're talking about

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Speaker 3: forty years for that little girl's family to see justice served.

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Speaker 3: All the way through we mentioned Duckett's attorneys filing that

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Speaker 3: emergency order trying to get another lab to test the

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Speaker 3: same DNA.

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Speaker 2: Here is what they had to say.

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Speaker 3: It is possible that additional analysis could yield a DNA profile.

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Speaker 3: Fdl opined that a qualified bioinform I don't know what

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Speaker 3: this is bioinformmaticist may be able to provide an opinion

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Speaker 3: and calculation based on the male specific DNA data, despite

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Speaker 3: clear indication that the data requires additional review. The state

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Speaker 3: argues that mister Duckett should be precluded from assessing the

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Speaker 3: data and litigating any further. When the outcome of the

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Speaker 3: results is whether a man lives or dies, there is

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Speaker 3: no valid scientific basis for prohibiting a second examiner to

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Speaker 3: analyze the results.

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Speaker 1: No, what do you think about that last sentence?

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Speaker 3: That's what they used to get the DNA tested in

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Speaker 3: the first place. Now they're saying, well, the results are inconclusive,

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Speaker 3: So now once again a life is at stake. What's

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Speaker 3: the harm and having a second examiner analyze the results?

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Speaker 1: When when I hear that, I go, okay, what's okay,

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Speaker 1: let's get that done, and then ask again, what's going

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Speaker 1: to be your next thing after this? And the next thing?

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Speaker 1: I am just exhaust everything to where you cannot make

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Speaker 1: any kind of a claim or an appeal of any kind.

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Speaker 1: I'm kind of okay with it. The part I don't

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Speaker 1: like is that the family has been waiting forty years

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Speaker 1: and now they got to wait. Wait, they've been waiting

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Speaker 1: for tomorrow, which is the execution. They had to get

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Speaker 1: the word last Thursday. That has been halted on Friday

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Speaker 1: about these DNA results. Now it's more torture.

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Speaker 3: That is a rollercoaster of emotions that I can't even

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Speaker 3: imagine what that's like to go through. It's interesting, though, Babe,

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Speaker 3: you just said about hey exhausted appeals, Let him file

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Speaker 3: what he wants. In addition to the prosecution asking that

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Speaker 3: this be it and the execution continue, they also asked

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Speaker 3: that he not be allowed to file.

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Speaker 2: Any more appeals.

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Speaker 3: Like they literally were like, can we please have ducats

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Speaker 3: team be basically told we're done, No, Moss, you cannot

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Speaker 3: file anything else. You are not allowed to continue to

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Speaker 3: fight this. So they asked for.

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Speaker 1: That as well, fighting to stay alive at the end,

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Speaker 1: fighting to stay alive. I don't know. I don't know

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Speaker 1: how great of a chance there is they're going to

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Speaker 1: allow more testing. I mean, if it exonerate him. You've

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Speaker 1: been seeing there forty years and this is the okay,

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Speaker 1: knock yourself out, So you.

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Speaker 3: Think they should postpone it another day, let another lab

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Speaker 3: test it, and then go from there.

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Speaker 1: I got no prob if there's something valid here. I mean,

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Speaker 1: I don't know all the time.

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Speaker 2: But if it's inconclusive again, then what do you do?

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Speaker 1: See you the death chamber tomorrow, Homy, That's just what

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Speaker 1: do you do? You can't we talk about reasonable doubt.

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Speaker 1: There gets a point it's not reasonable anymore to have

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Speaker 1: appeals your chances of winning. Now you're just wasting time.

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Speaker 3: I don't know where I stand on this, s Babe.

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Speaker 3: I totally get what you're saying. But at a certain point,

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Speaker 3: I guess maybe you would say, Okay, one more. But

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Speaker 3: it's like you give a mouse a cookie, and where

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Speaker 3: does it end. So that is why perhaps the prosecution

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Speaker 3: said kind of left a space. If the courts decide

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Speaker 3: that the stay continues and someone else can take a

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Speaker 3: look at it that that's it. They can't file another

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Speaker 3: peal after this one, so we shall see what happens.

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Speaker 3: We don't know exactly when we will get word, but

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Speaker 3: certainly we will be awaiting it as we know so

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Speaker 3: many folks will be doing the same thing in the

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Speaker 3: state of Florida. Not known for being I shouldn't say kind,

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Speaker 3: but not known for granting clemency and certainly not stays

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Speaker 3: of execution road.

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Speaker 1: We were floored last week.

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Speaker 3: Big.

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Speaker 1: We cover a lot of executions. This was one where, Wow,

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Speaker 1: there's no guilt or innocence on this one. Anybody's talking

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Speaker 1: about it. It didn't seem to right, So level have

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Speaker 1: much controversy or anything leading up to it. This came

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Speaker 1: out of nowhere. Wait there's a stay of execution in Florida.

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Speaker 2: Yeah, huge headline, huge headline.

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Speaker 3: So of course we will follow with whatever developments may

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Speaker 3: take place today, but certainly we'll have to get word

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Speaker 3: soon here about what happens to James Duckett. And with that, everyone,

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Speaker 3: thank you for listening to us. We always appreciate you.

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Speaker 3: I'm Amy Robock alongside TJ.

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Speaker 2: Holmes. We will talk to you soon.