![\"\"](\"https:\/\/www.newsbeep.com\/us-fl\/wp-content\/uploads\/2026\/07\/Florida-Death-Penalty1-765x510.webp\")
\t\t\t\t\t<\/p>\n\t\t\t\t\t\t\t\t\t\t\t\t<\/p>\n
TALLAHASSEE, Fla. \u2014 The Florida Supreme Court on July 8 lifted its stay of execution for James Aren Duckett, prompting Gov. Ron DeSantis to schedule Duckett\u2019s execution for noon July 28, six hours before the previously scheduled execution of Dominick Occhicone. If both executions proceed, they will mark Florida\u2019s first double execution in a single day since 1964.<\/p>\n
According to the Florida Supreme Court\u2019s decision, Duckett, a former police officer, was convicted of the sexual battery and first-degree murder of 11-year-old Teresa McAbee in 1987. The girl was last seen alive in Duckett\u2019s patrol car.<\/p>\n
Based on circumstantial evidence, including \u201cunique tire tracks\u201d and \u201ccommingled fingerprints,\u201d along with the aggravating circumstances that the murder was \u201cespecially heinous, atrocious, or cruel\u201d and committed during a sexual battery, he was found guilty and sentenced to death by a jury.<\/p>\n
After his execution warrant was signed Feb. 27, 2026, Duckett sought post-conviction DNA testing on a 1987 swab from the victim\u2019s underwear containing sperm heads. According to the court\u2019s decision, the available technology in 1987 was unable to produce \u201cconclusive results\u201d from the sample alone, and Duckett argued that modern DNA testing could prove his innocence.<\/p>\n
The circuit court granted the post-conviction DNA testing but denied Duckett\u2019s request for a stay of execution until testing could be completed, the decision said. Duckett appealed, and the Florida Supreme Court granted a stay March 26.<\/p>\n
The sample was sent to DNA Labs International, Inc., (DLI) a private laboratory selected by the state, according to the decision. The laboratory has faced criticism over the costs associated with forensic testing contracts and policies that prevent defense experts from observing its analysis of evidence.<\/p>\n
The Florida Department of Law Enforcement (FDLE) found the DNA testing results to be inconclusive.<\/p>\n
\u201cNeither FDLE nor DLI had the capability to complete the testing process by performing a statistical analysis on the data that was generated,\u201d the Florida Supreme Court decision states.<\/p>\n
Duckett requested access to the testing data but received it only after appealing the circuit court\u2019s denial to the Florida Supreme Court. According to the decision, a subsequent analysis performed by a bioinformatician selected by the defense also was unable to prove Duckett\u2019s innocence or guilt.<\/p>\n
The court lifted its stay of execution July 8.<\/p>\n
\u201cDuckett obtained the analysis he sought, and the results were not favorable to him,\u201d the court\u2019s decision said.<\/p>\n
Duckett has maintained his innocence since the case began nearly 40 years ago.<\/p>\n
Duckett\u2019s attorneys said, \u201cThe state\u2019s own decisions prevented a full and reliable evaluation that could have demonstrated his long-maintained innocence.\u201d They plan to appeal to the U.S. Supreme Court, CBS reported.<\/p>\n
Duckett\u2019s execution is scheduled for July 28, the same day as Occhicone\u2019s.<\/p>\n
Occhicone was convicted of the first-degree murder of his former girlfriend\u2019s parents in 1986. DeSantis signed Occhicone\u2019s death warrant June 26, 2026.<\/p>\n
According to the Death Penalty Information Center, Occhicone\u2019s jury returned a \u201cnon-unanimous, 7-5 recommendation for death,\u201d which would be insufficient under current Florida law. Florida now requires at least eight jurors to recommend the death penalty, making it one of the few states that does not require a unanimous jury recommendation for a death sentence.<\/p>\n
Additionally, a sentencing court found Occhicone committed the murders \u201cunder the influence of extreme mental and emotional disturbance.\u201d However, because his sentence became final before 2002, the death sentence remains in place.<\/p>\n
Florida reinstated the death penalty in 1972. The executions of Duckett and Occhicone would mark the state\u2019s first double execution since 1964.<\/p>\n
Follow the Vanguard on Social Media \u2013 X<\/a>, Instagram <\/a>and Facebook<\/a>.\u00a0 Subscribe <\/a>the Vanguard News letters.\u00a0 To make a tax-deductible donation, please visit davisvanguard.org\/donate<\/a> or give directly through ActBlue<\/a>.\u00a0 Your support will ensure that the vital work of the Vanguard continues.<\/p>\n Categories: Breaking News<\/a> Everyday Injustice<\/a> Tags: DNA testing<\/a> Dominick Occhicone<\/a> Florida Death Penalty<\/a> Florida Supreme Court<\/a> James Aren Duckett<\/a> Ron DeSantis<\/a>