WEBVTT - No Execution Tonight! Florida Supreme Court Says State Cannot Execute James Duckett… For Now

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<v Speaker 1>Hey, folks, it is Tuesday, March thirty first, the day

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<v Speaker 1>James Duckett was supposed to be executed in Florida. It

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<v Speaker 1>will not happen, not today at least thing with that.

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<v Speaker 1>Welcome to this episode of Amy and TJ. Roll. This

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<v Speaker 1>is a surprising case because of where it is, who

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<v Speaker 1>it is, and that there was a stay of execution.

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<v Speaker 2>So let's go ahead.

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<v Speaker 1>And I hate to say the word unpack all this,

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<v Speaker 1>but a scheduled execution tonight in Florida is not happened.

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<v Speaker 3>Yeah, And it was surprising to have the Florida Supreme

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<v Speaker 3>Court step in and place his stay of execution for

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<v Speaker 3>James Aaron Duckett's defense team to have DNA that's been

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<v Speaker 3>stored for nearly forty years now to be tested. His

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<v Speaker 3>attorneys saying this could exonerate him. He has maintained his

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<v Speaker 3>innocence from the beginning. And so the Supreme Court, the

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<v Speaker 3>state Supreme Court Court stepped in and said, let's get

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<v Speaker 3>that tested.

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<v Speaker 1>Okay, we were on the edge of our seats last

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<v Speaker 1>week the state. This rarely happened. It certainly doesn't happen

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<v Speaker 1>in Florida. But a court stepped in and said, hey,

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<v Speaker 1>there's something relevant enough that we think we shouldn't go

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<v Speaker 1>through the execution. So Roland, we were waiting standing by

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<v Speaker 1>last Friday, they said we want to status update by

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<v Speaker 1>five o'clock. Sure enough, they got one by five o'clock

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<v Speaker 1>on Friday, and it didn't really help. It didn't move

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<v Speaker 1>the needle one way or another day.

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<v Speaker 3>Yes, it was inconclusive, and so immediately the state then

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<v Speaker 3>files a petition to the State Supreme Court saying, okay,

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<v Speaker 3>we did what you said, we put everything on pause.

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<v Speaker 3>We got the results, and they do not exonerate James Duckett.

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<v Speaker 3>He has not been proven to be innocent. There is

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<v Speaker 3>no other suspect, there's no other DNA, and yes it's inconclusive,

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<v Speaker 3>but it also doesn't exonerate. So we would like to

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<v Speaker 3>go forward with the planned execution for today, March thirty first,

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<v Speaker 3>at six pm. We would like James Aaron Duckett to

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<v Speaker 3>die by lethal injection as scheduled. And honestly, yes, his

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<v Speaker 3>defense team filed the motion saying wait, wait, wait, wait wait,

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<v Speaker 3>can we have another lab look at it. I have

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<v Speaker 3>to say I didn't think they were going to side

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<v Speaker 3>with the defense.

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<v Speaker 1>And I am not exactly sure why. They didn't explain

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<v Speaker 1>a lot in their ruling. But the Supreme Court State

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<v Speaker 1>Supreme Court, when asked by the prosecutor to now lift

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<v Speaker 1>the stay and let the execution go through at six

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<v Speaker 1>o'clock to night, the State Supreme Court said, no, our

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<v Speaker 1>stay is going to stay in place. But rose they

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<v Speaker 1>put another date on it that I don't necessarily understand

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<v Speaker 1>what they're waiting for, but in a couple of days

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<v Speaker 1>they're expecting to hear back from all parties.

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<v Speaker 3>That is correct, on April second, that is this Thursday.

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<v Speaker 3>So in just in two days, the Circuit Court is

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<v Speaker 3>required to now give an update by five pm or

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<v Speaker 3>at five pm is the way I believe it was worded.

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<v Speaker 3>And the only way I can can imagine they could

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<v Speaker 3>give an update is if another lab is taking a

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<v Speaker 3>look at the results. The defense actually had a specific

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<v Speaker 3>lab that they had fought for initially to actually do

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<v Speaker 3>the testing and take a look at the DNA and

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<v Speaker 3>we'll describe where this DNA came from and all of

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<v Speaker 3>that for those of you who need to be caught up.

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<v Speaker 3>But the State said no, we wanted at our lab,

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<v Speaker 3>So the State's lab did it. It's inconclusive and Now

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<v Speaker 3>the defense says, now, can our lab take a stab

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<v Speaker 3>at it? So my understanding would be that yes, another

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<v Speaker 3>lab is either retesting it or reviewing it, or somehow

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<v Speaker 3>just another set of scientific guys are on these results

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<v Speaker 3>to see if it can in fact exonerate duck it.

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<v Speaker 1>I mean, let's bottom line, this thing is that a

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<v Speaker 1>man has been on death row for forty years, literally

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<v Speaker 1>have his has his life in the balance based on

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<v Speaker 1>some DNA testing now ropes, that is a big deal

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<v Speaker 1>and a big headline. The possibility that a death row

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<v Speaker 1>inmate could be exonerated, however, robes as big of a

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<v Speaker 1>headline as that seems to be. There are plenty of

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<v Speaker 1>others who just look at a guy who was desperate

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<v Speaker 1>to stay alive, and now he's throwing anything he can

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<v Speaker 1>up against the wall and to see if it might

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<v Speaker 1>legally stick.

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<v Speaker 3>And look, the cynic in me says that exact same thing.

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<v Speaker 3>We see this all the time. There's no guilty prisoners

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<v Speaker 3>on death row. Everyone's innocent, right. Most people say, I

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<v Speaker 3>didn't do it wasn't me. It was this guy, It

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<v Speaker 3>was him, It wasn't me. Look, I have to at

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<v Speaker 3>least consider the fact that six out of the seven

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<v Speaker 3>Florida State Supreme Court justices opposed the state's request to

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<v Speaker 3>go forward with the execution. That is significant in a

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<v Speaker 3>state like Florida, and six out of seven that to

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<v Speaker 3>me speaks volumes. This wasn't a split decision.

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<v Speaker 2>Oh this does this not speak to.

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<v Speaker 1>It does not. There is nothing they suggested. There's nothing.

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<v Speaker 1>You please tell We've been researching this case for a while.

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<v Speaker 1>I don't see anything other than his own camp that

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<v Speaker 1>is hootin and hollering about an innocent man is about

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<v Speaker 1>to be put to death.

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<v Speaker 3>No, and look everyone, and we have gone over the

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<v Speaker 3>evidence that was presented in court. They claim it was

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<v Speaker 3>all circumstantial. It was the fact that he was last

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<v Speaker 3>seen with this eleven year old girl. And by the way,

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<v Speaker 3>we are talking about we're talking about an eleven year

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<v Speaker 3>old girl who was strangled, drowned, and raped in nineteen

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<v Speaker 3>eighty seven. And this officer, he was a police officer.

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<v Speaker 3>He was a rookie officer, correct James Aaron Jumper. He

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<v Speaker 3>was a young guy, a new officer. And he even

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<v Speaker 3>admits to having seen this eleven year old girl the

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<v Speaker 3>night she went missing. She apparently left her home to

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<v Speaker 3>go she told her mom she needed to get some pencils.

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<v Speaker 3>Ten thirty at night, She's seen with a sixteen year

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<v Speaker 3>old boy near this convene in store. According to James

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<v Speaker 3>Duckett and to eyewitnesses, he tells a little girl and

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<v Speaker 3>the sixteen year old, you guys are out past curfew,

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<v Speaker 3>tells the sixteen year old to skidaddle, gets her in

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<v Speaker 3>the back of his car. She's never seen again. That's

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<v Speaker 3>damning right then, and there the fact that he is

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<v Speaker 3>the last known person to have seen her alive.

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<v Speaker 2>Yeah, throwing the other stuff.

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<v Speaker 3>The other stuff is that her handprints are on the

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<v Speaker 3>hood of his car.

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<v Speaker 2>Okay.

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<v Speaker 3>The other evidence is that that there are tire tracks

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<v Speaker 3>that are leading to the lake where her body was

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<v Speaker 3>found the following day by a fisherman. And the fact

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<v Speaker 3>that there was a pubic hair that they said matched

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<v Speaker 3>his pubic hair. They didn't have the DNA testing abilities

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<v Speaker 3>that they do now. And this is where we are.

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<v Speaker 3>There was some seamen found on the eleven year old's genes,

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<v Speaker 3>and that semen has now been able to undergo a

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<v Speaker 3>type of testing that wasn't available up until recently.

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<v Speaker 2>Okay, please put in context which you mean by recently.

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<v Speaker 3>Here's the twenty twenty four and this is significant. According

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<v Speaker 3>to police and prosecutors, James Aaron Duckett was given the

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<v Speaker 3>opportunity to have that DNA tested with this new way

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<v Speaker 3>of testing it, and he declined, why the opportunity to

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<v Speaker 3>have that seaman tested? And it wasn't until Governor DeSantis

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<v Speaker 3>signed his death warrant and his clock started ticking. You

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<v Speaker 3>got thirty days. All of a sudden, his defense team

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<v Speaker 3>in the last hour and a few days leading up

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<v Speaker 3>to the execution said wait a minute, we want that

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<v Speaker 3>DNA tested.

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<v Speaker 1>Well, I skip it in the first place. I'm not

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<v Speaker 1>saying that sarcastically. I'm saying, what was their legal reasoning

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<v Speaker 1>for why they did not want that DNA tested? What

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<v Speaker 1>was their logic.

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<v Speaker 3>I haven't seen a direct response to that. I've only

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<v Speaker 3>seen the prosecutor raise the exact question that you did

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<v Speaker 3>to the court saying I'm sorry, but an innocent man

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<v Speaker 3>would have asked for this to be tested immediately as

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<v Speaker 3>soon as proper testing was available, and that in and

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<v Speaker 3>of itself speaks for itself.

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<v Speaker 1>S has this been a case? We've seen some cases.

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<v Speaker 1>I mean, what's the folks who get people off who take.

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<v Speaker 3>It Connison's project, the innocent project.

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<v Speaker 2>This is not one of their cases.

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<v Speaker 1>No, nobody else is out there hooting and holland that

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<v Speaker 1>innocent man is about to be killed. Now, is it possible?

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<v Speaker 1>I guess robes, But we are now being inundated at

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<v Speaker 1>this point. If you were, sweetheart, Look, there's a way

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<v Speaker 1>that innocent people act, and they're not quiet.

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<v Speaker 2>For forty years, they are not.

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<v Speaker 3>It's interesting that you say that, because I actually did

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<v Speaker 3>a deeper dive and was reading what the sheriff said

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<v Speaker 3>about his deputy, and look, police aren't one. Aren't a

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<v Speaker 3>group of folks who look to their own to look

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<v Speaker 3>for suspects or to be suspicious of. But he said

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<v Speaker 3>it was his rookie deputy who he was on the

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<v Speaker 3>scene with him the next day. He said the way

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<v Speaker 3>Officer Duckett was acting was so strange that he started

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<v Speaker 3>to investigate. He said he was uncomfortable, He wasn't curious

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<v Speaker 3>about how she died. He was shifty in a way

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<v Speaker 3>that he felt like made him suddenly suspicious. I thought

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<v Speaker 3>that was interesting that his own sheriff, on the day

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<v Speaker 3>her body was found, started getting He said, the way

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<v Speaker 3>he was talking about how he was the last person

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<v Speaker 3>to see him. Sounded like a rehearsed, nervous story, and

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<v Speaker 3>it raised a red flag for him to dig deeper.

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<v Speaker 3>And that is how the investigation into Duckett began was

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<v Speaker 3>because of his sheriff's suspicions. It took five months for

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<v Speaker 3>them to actually bring charges and arrest him. But he

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<v Speaker 3>said that very day that that little girl's body was found,

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<v Speaker 3>he thought, hmm, I thought that was of note as well.

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<v Speaker 1>That does not guilt to make just because somebody had

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<v Speaker 1>a gut feeling. Sure, but it is relevant.

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<v Speaker 3>And I do think I hadn't looked to see. But

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<v Speaker 3>when Duckett was sentenced to death, Before he was sentenced

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<v Speaker 3>to death, I should mention James Duckett actually in court records,

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<v Speaker 3>said this to the judge. He has always maintained his innocence.

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<v Speaker 3>He said, I did not do this. When the person

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<v Speaker 3>who did this repeats it, I want to see the

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<v Speaker 3>face of the person telling the victim's mother, father, sister, brother,

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<v Speaker 3>I am sorry. We thought we had the right one before.

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<v Speaker 3>That's interesting, that's what he said right before sentencing. He

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<v Speaker 3>was defiant.

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<v Speaker 1>Every prosecutor and judge in the country said, yeap that

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<v Speaker 1>sounds familiar. I heard that before, right before I sent

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<v Speaker 1>a guy off to a life sentence.

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<v Speaker 2>Yeah, sounds about right.

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<v Speaker 1>Everybody on cell Block D is innocent. Everybody so fine.

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<v Speaker 1>There are exceptions they should be listened to. But at

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<v Speaker 1>some point, Robes, when do you stop all the back

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<v Speaker 1>and forth and the madness we don't have We have

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<v Speaker 1>our issues with the death penalty, yes, but we also

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<v Speaker 1>have penalties or problems with it being delayed justice that

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<v Speaker 1>this is justice. Why are we waiting forty years? Why

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<v Speaker 1>are we waiting forty two forty five so we can

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<v Speaker 1>get every lab in the country to test this DNA

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<v Speaker 1>that he had forty years to test?

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<v Speaker 3>And yet you made the point, Look, if it's just

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<v Speaker 3>a matter of a day or two more for another

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<v Speaker 3>lab to take a look at it, why not do that?

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<v Speaker 3>And it seems like that is where the Florida State

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<v Speaker 3>Supreme Court fell on this. It's better to be safe

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<v Speaker 3>than sorry. There's no undoing an execution, and so why

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<v Speaker 3>not push it a little forward? So we're hopefully going

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<v Speaker 3>to get some more answers about what will happen to

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<v Speaker 3>Ducket given where we are, we're literally in limbo right now,

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<v Speaker 3>in just a matter of days on Thursday. But when

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<v Speaker 3>we come back, we're going to talk about what Duckett

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<v Speaker 3>has been doing for these past thirty days since DeSantis

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<v Speaker 3>signed his death warrant. He's been writing all about it

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<v Speaker 3>on a website. And welcome back everyone to this episode

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<v Speaker 3>of Amy and TJ. The execution is off for now

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<v Speaker 3>of James Aaron Duckett. He was scheduled to die tonight

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<v Speaker 3>by lethal injection for the rape and murder of an

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<v Speaker 3>eleven year old girl nearly forty years ago. The Florida

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<v Speaker 3>State Supreme Ford said let's give it a few more

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<v Speaker 3>days after the first DNA tests from the case came

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<v Speaker 3>back inconclusive, and the defense asked for another lab to

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<v Speaker 3>take a look at the results before making the decision

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<v Speaker 3>about when or if to actually follow through with the

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<v Speaker 3>execution of James Aaron Duckett. And so a whole host

0:12:28.720 --> 0:12:32.480
<v Speaker 3>of events take place once a governor signs a death

0:12:32.520 --> 0:12:36.440
<v Speaker 3>warrant that I really didn't know. Obviously, this is all

0:12:36.559 --> 0:12:40.080
<v Speaker 3>very rehearsed and scheduled, but I didn't realize the day

0:12:40.280 --> 0:12:42.600
<v Speaker 3>the death warrant is signed, action is taken.

0:12:42.760 --> 0:12:45.800
<v Speaker 1>Yeah, you're isolated this and they keep an eye on you.

0:12:46.000 --> 0:12:49.000
<v Speaker 1>This is a totally different It shifts and right, what

0:12:49.160 --> 0:12:52.400
<v Speaker 1>is it? They their own death were over thirty forty years,

0:12:53.000 --> 0:12:57.880
<v Speaker 1>but they end up not necessarily an isolation that long,

0:12:58.080 --> 0:12:59.319
<v Speaker 1>certainly in Florida.

0:12:59.440 --> 0:13:02.280
<v Speaker 3>In Florida's Oh yes, so he actually duck it. Actually,

0:13:02.960 --> 0:13:05.480
<v Speaker 3>there's a website out there called Prison Writers, and I look,

0:13:05.520 --> 0:13:08.720
<v Speaker 3>they do vet this writing so as to not upset

0:13:08.840 --> 0:13:11.320
<v Speaker 3>or harm any victims' families out there. But they have

0:13:11.400 --> 0:13:14.360
<v Speaker 3>some editors who have journalism backgrounds, and they make sure

0:13:14.480 --> 0:13:19.680
<v Speaker 3>that the writing is non offensive. But he was allowed

0:13:19.720 --> 0:13:22.720
<v Speaker 3>to post through this website what it's been like for

0:13:22.800 --> 0:13:24.920
<v Speaker 3>him these past thirty days. And so he said. On

0:13:25.000 --> 0:13:29.440
<v Speaker 3>February twenty seventh, that is when DeSantis signed his death warrant.

0:13:29.559 --> 0:13:33.280
<v Speaker 3>He said, literally, two vans pulled in. A few minutes later,

0:13:33.360 --> 0:13:36.080
<v Speaker 3>a door to the wing opened up. The warden called

0:13:36.080 --> 0:13:39.120
<v Speaker 3>his name and said, it's time. The governor has signed

0:13:39.200 --> 0:13:39.720
<v Speaker 3>your warrant.

0:13:39.760 --> 0:13:40.320
<v Speaker 2>So he got.

0:13:40.160 --> 0:13:44.360
<v Speaker 3>Handcuffs, shackles, waste chain, and he was escorted past all

0:13:44.400 --> 0:13:46.719
<v Speaker 3>his friends that he had spent all this time and

0:13:46.960 --> 0:13:51.800
<v Speaker 3>death row with saying goodbye, and going into a van

0:13:52.400 --> 0:13:56.040
<v Speaker 3>heading to death death watch basically where he had to

0:13:56.120 --> 0:13:59.560
<v Speaker 3>sign copies of his death warrant and go to the

0:13:59.679 --> 0:14:04.400
<v Speaker 3>Q where he now yes, had a plexiglass a bunk,

0:14:04.480 --> 0:14:07.880
<v Speaker 3>a locker, a small table, a toilet, a sink, but

0:14:07.960 --> 0:14:10.040
<v Speaker 3>he had to let go of all of his limited

0:14:10.040 --> 0:14:13.280
<v Speaker 3>personal property, including his phone, access to internet. All of

0:14:13.320 --> 0:14:15.800
<v Speaker 3>that gone.

0:14:16.080 --> 0:14:19.120
<v Speaker 1>Yeah, the execution still might go through. I mean, the

0:14:19.160 --> 0:14:22.520
<v Speaker 1>execution still might happen. I'm not sure how active, how

0:14:22.560 --> 0:14:25.400
<v Speaker 1>long the warrants they active. I think they go a

0:14:25.440 --> 0:14:28.080
<v Speaker 1>little while. I think they anticipate these things, do they not?

0:14:28.200 --> 0:14:30.200
<v Speaker 1>Isn't the warrant active? They don't have to sign another one,

0:14:30.240 --> 0:14:30.480
<v Speaker 1>do they?

0:14:30.640 --> 0:14:33.480
<v Speaker 3>I don't believe now once you go past the date though,

0:14:33.520 --> 0:14:35.280
<v Speaker 3>I don't know when they extended it to you know how,

0:14:35.320 --> 0:14:39.320
<v Speaker 3>Sometimes they extend the death warrant where they give themselves

0:14:39.360 --> 0:14:41.560
<v Speaker 3>some time in case there's some sort of issue, usually

0:14:41.560 --> 0:14:43.760
<v Speaker 3>only a day. I thought, yeah, I'm not sure how

0:14:43.760 --> 0:14:46.560
<v Speaker 3>this is going to work. But he is still sitting

0:14:46.600 --> 0:14:49.240
<v Speaker 3>there from what we understand, because it is in limbo

0:14:49.360 --> 0:14:53.040
<v Speaker 3>right now in this Q block basically, or Q wing

0:14:53.160 --> 0:14:55.600
<v Speaker 3>is what it's called. And it's just interesting to hear

0:14:55.760 --> 0:14:59.280
<v Speaker 3>him talk about what it's like in these final days

0:14:59.320 --> 0:15:02.080
<v Speaker 3>for death re inmates. He was expecting it to be

0:15:02.160 --> 0:15:05.680
<v Speaker 3>about thirty days. He said, I miss emailing. I mostly

0:15:05.800 --> 0:15:09.960
<v Speaker 3>miss music. The silence is constant. I miss seeing outside.

0:15:10.080 --> 0:15:12.760
<v Speaker 3>The two windows are painted over. You can only see

0:15:12.760 --> 0:15:16.320
<v Speaker 3>their outline. He says that an officer a station in

0:15:16.320 --> 0:15:19.800
<v Speaker 3>front of his cell twenty four to seven, logging everything

0:15:20.000 --> 0:15:23.600
<v Speaker 3>he does, and he is allowed to write on this tablet,

0:15:23.640 --> 0:15:26.440
<v Speaker 3>which then his words were able to be published. But

0:15:26.520 --> 0:15:29.200
<v Speaker 3>he has a space where he says final words because

0:15:29.200 --> 0:15:32.000
<v Speaker 3>he is preparing to die, he said. My legal team

0:15:32.040 --> 0:15:34.960
<v Speaker 3>continues to fight. They have not stopped since the warrant

0:15:35.000 --> 0:15:37.360
<v Speaker 3>was issued. But this is where I say goodbye to

0:15:37.400 --> 0:15:39.880
<v Speaker 3>those who have read my work. I wanted to write

0:15:39.960 --> 0:15:42.960
<v Speaker 3>this last piece because, as I see it, it's time.

0:15:43.120 --> 0:15:45.760
<v Speaker 3>Keep me in your prayers and thank you for the support.

0:15:46.400 --> 0:15:48.360
<v Speaker 3>It's I just didn't know that there was even an

0:15:48.400 --> 0:15:53.280
<v Speaker 3>outlet for inmates like this to just basically communicate with

0:15:53.360 --> 0:15:55.800
<v Speaker 3>the outside world about what it's like to be on

0:15:55.880 --> 0:15:59.200
<v Speaker 3>death row or what it's like to await your execution date.

0:15:59.280 --> 0:16:02.440
<v Speaker 1>I guess some people find it, I don't know, interesting,

0:16:02.520 --> 0:16:06.000
<v Speaker 1>fascinating part of someone's story. I don't know. There might

0:16:06.040 --> 0:16:10.600
<v Speaker 1>be others looking at that and find it disgusting. Why

0:16:10.600 --> 0:16:12.000
<v Speaker 1>do they get this out and why do they get

0:16:12.000 --> 0:16:15.000
<v Speaker 1>to put a message out? But they have freedom of speech.

0:16:15.040 --> 0:16:18.280
<v Speaker 1>I guess they shouldn't be kept from speaking. They are

0:16:18.600 --> 0:16:21.920
<v Speaker 1>allowed to profit from their crime, so there are some

0:16:22.040 --> 0:16:24.840
<v Speaker 1>types of rules put in place. But I just wonder

0:16:24.880 --> 0:16:26.440
<v Speaker 1>as you were reading that, I just I wonder what

0:16:26.600 --> 0:16:29.600
<v Speaker 1>the mom of the victim feels about him having a message.

0:16:29.720 --> 0:16:32.040
<v Speaker 1>I wonder if she's even aware, does she even check in?

0:16:32.560 --> 0:16:37.120
<v Speaker 1>I just I don't know he's writing as the sympathetic

0:16:37.520 --> 0:16:40.560
<v Speaker 1>figure in this whole thing. If he's an innocent man,

0:16:40.600 --> 0:16:45.000
<v Speaker 1>obviously he's a sympathetic figure. But I just haven't studied

0:16:45.240 --> 0:16:48.560
<v Speaker 1>the case. But I have seen enough of the folks

0:16:49.640 --> 0:16:51.800
<v Speaker 1>who are studying this case who do have opinions on

0:16:51.840 --> 0:16:54.960
<v Speaker 1>this case. It's just not that ground swell of in

0:16:55.000 --> 0:16:58.840
<v Speaker 1>a sense that's being out there for this sense.

0:16:59.040 --> 0:17:01.920
<v Speaker 3>To your point, and it's one thing to proclaim your innocence,

0:17:01.960 --> 0:17:03.800
<v Speaker 3>it's another thing to have a whole other group of

0:17:03.840 --> 0:17:07.680
<v Speaker 3>folks who devote their lives to trying to do their

0:17:07.680 --> 0:17:10.280
<v Speaker 3>best to make sure that people who are innocent, who

0:17:10.400 --> 0:17:15.320
<v Speaker 3>haven't been properly represented or who haven't had a fair trial,

0:17:15.840 --> 0:17:19.960
<v Speaker 3>actually make sure that they and their rights are protected. Yes,

0:17:20.040 --> 0:17:23.040
<v Speaker 3>there's no group that has come to his aid or

0:17:23.080 --> 0:17:25.720
<v Speaker 3>have come out to say he didn't do it. He's

0:17:25.760 --> 0:17:28.280
<v Speaker 3>an innocent man. He's pretty much at this point the

0:17:28.280 --> 0:17:31.760
<v Speaker 3>only person other than his attorneys who say he's innocent.

0:17:32.480 --> 0:17:35.160
<v Speaker 1>So I mean, we should see again, Robes. I'd see

0:17:35.160 --> 0:17:39.040
<v Speaker 1>it through, not to the point of being unreasonable. If

0:17:39.080 --> 0:17:41.440
<v Speaker 1>you want to, Yes, give him the lab, let them test.

0:17:41.640 --> 0:17:44.600
<v Speaker 1>Then it comes back inconclusive. What do we do then, Well,

0:17:44.640 --> 0:17:46.520
<v Speaker 1>since we don't know for sure, then the least you

0:17:46.560 --> 0:17:47.760
<v Speaker 1>could do is commute his sentence.

0:17:47.880 --> 0:17:48.959
<v Speaker 2>Is that what they're setting up?

0:17:49.040 --> 0:17:53.280
<v Speaker 1>This could probably a media narrative. This could all be

0:17:53.320 --> 0:17:55.920
<v Speaker 1>a pr campaign to get us talking about it, to

0:17:55.960 --> 0:17:58.160
<v Speaker 1>get more people interested in this thing, to where there

0:17:58.320 --> 0:18:01.359
<v Speaker 1>is a ground swell of support for him and attention

0:18:01.440 --> 0:18:02.960
<v Speaker 1>for him, and maybe you get some big names on

0:18:03.000 --> 0:18:04.120
<v Speaker 1>TV talking about him.

0:18:04.359 --> 0:18:07.399
<v Speaker 2>Who knows that lawyers are doing the job trying to

0:18:07.480 --> 0:18:10.320
<v Speaker 2>keep a man alive and I can't fault them for that.

0:18:11.320 --> 0:18:14.000
<v Speaker 3>Wow, I got it too, I got it too. And

0:18:14.040 --> 0:18:17.239
<v Speaker 3>he talks about clemency and what does clemency mean if

0:18:17.280 --> 0:18:19.640
<v Speaker 3>that's what he's actually seeking at this point? But he said,

0:18:19.640 --> 0:18:22.640
<v Speaker 3>it's a chance to convince those in charge who you are,

0:18:23.200 --> 0:18:27.080
<v Speaker 3>not making excuses for why you were here, but showing true,

0:18:27.200 --> 0:18:31.320
<v Speaker 3>honest change by presenting testimony, evidences, witnesses and making the

0:18:31.400 --> 0:18:34.439
<v Speaker 3>argument I am not now who I was. Then I

0:18:34.440 --> 0:18:37.080
<v Speaker 3>guess he's talking about other crimes. When I read that,

0:18:37.119 --> 0:18:39.720
<v Speaker 3>he's writing about what clemency means and how it's not

0:18:39.840 --> 0:18:43.240
<v Speaker 3>being extended to inmates in Florida. If he's talking about himself,

0:18:43.240 --> 0:18:45.560
<v Speaker 3>he's claiming he was innocent from the beginning. So that's

0:18:45.600 --> 0:18:51.240
<v Speaker 3>a strange premise to write about tritle. And that's what

0:18:51.320 --> 0:18:53.600
<v Speaker 3>it seems like. That is what he seems like.

0:18:54.119 --> 0:18:57.560
<v Speaker 2>You should that makes sense, knock yourself out. But how

0:18:57.760 --> 0:18:59.800
<v Speaker 2>just how far do we take this thing?

0:18:59.840 --> 0:18:59.919
<v Speaker 3>Right?

0:19:00.160 --> 0:19:04.040
<v Speaker 1>How far is it allowed? And to his argument about

0:19:04.480 --> 0:19:08.080
<v Speaker 1>clemency rose, what are we supposed to do to folks

0:19:08.080 --> 0:19:09.600
<v Speaker 1>if you have a ten year sentence and then you

0:19:09.640 --> 0:19:11.600
<v Speaker 1>go back to the judge in three years and say, look,

0:19:11.600 --> 0:19:14.480
<v Speaker 1>I'm a changed man. I shouldn't be here for ten

0:19:14.560 --> 0:19:18.520
<v Speaker 1>years because I have been changed. Would we listen to

0:19:18.560 --> 0:19:21.879
<v Speaker 1>that person or would we say no, you need to

0:19:21.960 --> 0:19:25.399
<v Speaker 1>serve your time as justice has been laid out for

0:19:25.480 --> 0:19:30.800
<v Speaker 1>what you did. Take James Dunckett. You're saying I shouldn't

0:19:31.280 --> 0:19:34.320
<v Speaker 1>have to see through the punishment I was given for

0:19:34.440 --> 0:19:37.320
<v Speaker 1>my crime because now I'm a different man than I was.

0:19:37.600 --> 0:19:38.639
<v Speaker 1>That ain't how it works.

0:19:39.359 --> 0:19:42.480
<v Speaker 2>It's just not and that's you got to.

0:19:42.480 --> 0:19:44.720
<v Speaker 1>Take issue with it. But Robes, I compare him to

0:19:44.800 --> 0:19:47.160
<v Speaker 1>anybody else in jail who's going to say, Hey, I'm

0:19:47.160 --> 0:19:51.840
<v Speaker 1>different now, so that sentence doesn't count. No, you're being

0:19:51.880 --> 0:19:53.879
<v Speaker 1>punished for what you did at the time when you

0:19:53.920 --> 0:19:54.199
<v Speaker 1>did it.

0:19:54.400 --> 0:19:57.520
<v Speaker 3>Yep. I know you make a very good noise, and

0:19:57.560 --> 0:20:00.800
<v Speaker 3>I think a lot of people feel exactly the same

0:20:00.840 --> 0:20:03.840
<v Speaker 3>way as you. It'll be interesting to see a what

0:20:03.920 --> 0:20:07.639
<v Speaker 3>the results are come Thursday, if there are new results coming,

0:20:07.880 --> 0:20:12.080
<v Speaker 3>and be what happens next to James Duckett.

0:20:12.200 --> 0:20:13.920
<v Speaker 1>This is the one I was just thinking, Okay, well,

0:20:14.040 --> 0:20:16.520
<v Speaker 1>if we get word the execution is not going to

0:20:16.520 --> 0:20:18.640
<v Speaker 1>go through and he's going to be spared and he's

0:20:18.680 --> 0:20:21.080
<v Speaker 1>just going to get life in prison. Or if they

0:20:21.119 --> 0:20:24.040
<v Speaker 1>go through with the execution, do you have a preference?

0:20:24.280 --> 0:20:24.399
<v Speaker 3>No?

0:20:24.400 --> 0:20:27.920
<v Speaker 2>No, not that. How do you feel either way? Right?

0:20:28.040 --> 0:20:30.920
<v Speaker 1>If they decide to execute this man, if they decide

0:20:30.960 --> 0:20:33.359
<v Speaker 1>not to, My first thought went to the mom of

0:20:33.440 --> 0:20:37.440
<v Speaker 1>the victim who wants this guy executed, and so I

0:20:38.000 --> 0:20:41.399
<v Speaker 1>to think his sentence is commuted and we save a

0:20:41.480 --> 0:20:45.400
<v Speaker 1>life is something I am on board with. But I

0:20:45.560 --> 0:20:48.040
<v Speaker 1>have a problem being on board with it when the

0:20:48.160 --> 0:20:51.280
<v Speaker 1>mother of the eleven year old who was drowned, raped

0:20:52.440 --> 0:20:56.000
<v Speaker 1>says I need this justice. If I have a hard

0:20:56.119 --> 0:20:57.040
<v Speaker 1>time going against that.

0:20:57.200 --> 0:21:00.359
<v Speaker 3>I know we always. I do think that they're should

0:21:00.440 --> 0:21:04.240
<v Speaker 3>be weight given to the victim's family. I think ultimately

0:21:04.760 --> 0:21:09.200
<v Speaker 3>what their wishes are should be considered alongside the sentencing.

0:21:09.280 --> 0:21:11.159
<v Speaker 3>But at this point, we just know that he was

0:21:11.240 --> 0:21:14.439
<v Speaker 3>in fact sentenced to death. We will see what the

0:21:14.480 --> 0:21:19.160
<v Speaker 3>Florida State Supreme Court decides on Thursday at five pm

0:21:19.240 --> 0:21:19.879
<v Speaker 3>April seventh.

0:21:20.119 --> 0:21:21.960
<v Speaker 1>Sorry, what did I no, no, no, no no, I'm just

0:21:21.960 --> 0:21:24.840
<v Speaker 1>confirming the death warrant actually stays active for another week.

0:21:24.960 --> 0:21:27.119
<v Speaker 1>Oh so April seven, Oh wow, thank you many time

0:21:27.240 --> 0:21:27.600
<v Speaker 1>he wants you.

0:21:27.680 --> 0:21:31.520
<v Speaker 3>Okay, wow, So that's interesting. So April second is when yep,

0:21:31.600 --> 0:21:34.320
<v Speaker 3>we're going to hear next from the State Supreme Court,

0:21:34.359 --> 0:21:38.160
<v Speaker 3>and that means they would have five days to actually

0:21:38.240 --> 0:21:40.720
<v Speaker 3>carry out this execution if they choose to do so.

0:21:40.960 --> 0:21:42.720
<v Speaker 2>I'm sure the state is like Yep, we are rare

0:21:42.760 --> 0:21:43.160
<v Speaker 2>and go.

0:21:43.280 --> 0:21:46.280
<v Speaker 3>I'm sure well. The prosecutor definitely signaled that they were,

0:21:46.320 --> 0:21:48.760
<v Speaker 3>so of course, we will continue to keep our eye

0:21:48.840 --> 0:21:50.879
<v Speaker 3>on this story and bring you the very latest In

0:21:50.880 --> 0:21:53.159
<v Speaker 3>the meantime, though, thank you for listening to us. I

0:21:53.240 --> 0:21:56.040
<v Speaker 3>made me Roebuck alongside TJ. Holmes. We will talk to

0:21:56.080 --> 0:22:01.680
<v Speaker 3>you soon. Ten