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FORT LAUDERDALE, Fla. \u2014 Attorneys for death row prisoner James Duckett argued this week that Florida is moving toward his July 28 execution after state officials chose DNA testing methods that prevented a complete forensic analysis of key biological evidence, a decision the defense contends undermines confidence in Duckett\u2019s conviction.<\/p>\n
Duckett\u2019s legal team, whose client was previously scheduled for execution on May 31, issued a new statement after Gov. Ron DeSantis rescheduled the execution for July 28.<\/p>\n
The legal team expressed disappointment with the governor\u2019s decision to set a new execution date, arguing that the state\u2019s own actions prevented a full and reliable evaluation of evidence that, they contend, could demonstrate Duckett\u2019s innocence.<\/p>\n
The attorneys also said it was shameful that the governor selected a date only two weeks away and scheduled Duckett\u2019s execution on the same day as Dominick Occhicone\u2019s execution.<\/p>\n
Following the signing of Duckett\u2019s first death warrant, Duckett was granted DNA testing of biological evidence that had never been examined using modern forensic technology.<\/p>\n
Rather than ensuring the use of a testing method that would allow the most complete analysis possible, the state urged the use of a laboratory that, according to the legal team, was not capable of performing the advanced Whole Genome Sequencing, or WGS, needed to fully analyze the degraded DNA evidence.<\/p>\n
The state argued that its decision was based primarily on the need for speed and stated in court that it had \u201ca strong interest in not having the execution delayed\u201d and wanted testing to be completed \u201cas soon as possible.\u201d<\/p>\n
However, the legal team argued that the state\u2019s position ignored expert testimony that another laboratory could perform the necessary WGS testing more quickly than the laboratory selected by the state to conduct what the attorneys described as an inferior test. By refusing to allow any laboratory other than the Florida agency to perform the testing, the legal team contended, the state destroyed the evidence most important to Duckett\u2019s case by choosing a testing method and agency that it knew could not provide an accurate result.<\/p>\n
Duckett was allowed to receive the underlying data so that an independent expert could perform the analysis that, according to the legal team, should have been conducted initially only after the Florida Supreme Court issued a stay of execution. However, by then, the legal team said, it was too late, and valuable time had already passed.<\/p>\n
Because the laboratory selected by the state used a testing method that was not designed for the type of forensic testing required and consumed the entire limited DNA sample, the independent expert was left with data that could not produce either an inclusion or an exclusion.<\/p>\n
The legal team stated that the state\u2019s own decisions directly led to the inconclusive test results. According to Duckett\u2019s attorneys, the state chose both the laboratory and the testing method and prioritized expediency over determining what happened to Teresa McAbee.<\/p>\n
The legal team emphasized its claim that the state is attempting to execute its client without reliable, conclusive evidence. The attorneys argued that, as a result, the truth may never be fully known.<\/p>\n
Finally, the legal team stated that Duckett has always maintained his innocence. The attorneys argued that the state\u2019s duty is to ensure justice is served, not to rush to conclude a case in which they believe serious doubts about guilt remain.<\/p>\n
They argued that resorting to execution without a thorough and complete analysis of the evidence is premature.<\/p>\n
The legal team urged the governor to consider testing by its preferred laboratory and to review the additional evidence before the scheduled execution. The attorneys said, \u201cWe are committed to seeking every avenue of relief for Mr. Duckett ahead of his scheduled July 28 execution so that the State of Florida does not execute an innocent man. We urge Governor DeSantis to reopen the clemency process and fully evaluate the serious issues in the integrity of Mr. Duckett\u2019s conviction.\u201d<\/p>\n
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