Former Lake Cop Seeks Stay of Execution, DNA Retesting

James Duckett, convicted of rape and murder in 1988, maintains his innocence and asks Florida Supreme Court to allow further DNA analysis.

Apr. 7, 2026 at 9:18pm

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An extreme close-up photograph of a torn, tattered piece of denim fabric, the harsh flash illuminating the rough texture and faded colors, conveying the gritty, investigative nature of this unresolved crime.As the legal battle over DNA evidence continues, the harsh reality of a decades-old murder case casts a dark shadow.Mascotte Today

James Duckett, a former police officer in Mascotte, Florida, has been on Death Row since 1988 for the rape and murder of an 11-year-old girl. Duckett has long maintained his innocence, and his attorneys are now asking the Florida Supreme Court to extend the stay on his execution and order a private lab to analyze recent DNA test results that they believe could exonerate him.

Why it matters

Duckett's case has drawn national attention as an example of the ongoing debate around capital punishment, DNA evidence, and the risk of executing potentially innocent individuals. The outcome of this appeal could have significant implications for criminal justice reform and the standards for overturning convictions based on new forensic analysis.

The details

In March, the Florida Supreme Court issued a stay on Duckett's execution and ordered advanced DNA testing on evidence from the 1987 crime. The results were inconclusive, only showing the samples were from a male. Duckett's attorneys then asked a Lake Circuit Court judge to allow further testing by a specialized lab in Texas, but the request was denied. Now Duckett's lawyers are appealing to the state's high court, arguing that without a full analysis, 'the state runs the risk that an innocent man will be executed'.

  • Duckett was convicted and sentenced to death in May 1988 for the 1987 rape and murder of 11-year-old Teresa McAbee.
  • In late February 2026, Florida Governor Ron DeSantis signed Duckett's death warrant, scheduling his execution for March 31, 2026.
  • On March 31, 2026, the Florida Supreme Court issued a stay of execution to allow for DNA testing on evidence from the case.
  • In April 2026, the results of the DNA testing were deemed inconclusive by the Florida Department of Law Enforcement.

The players

James Duckett

A former police officer in Mascotte, Florida who was convicted in 1988 of raping and drowning an 11-year-old girl. He has been on Death Row for nearly 40 years and maintains his innocence.

Mary Elizabeth Wells

The lead attorney representing James Duckett in his appeal to the Florida Supreme Court.

Ron DeSantis

The Governor of Florida who signed Duckett's death warrant in late February 2026.

Brian Welke

The Lake Circuit Court judge who denied Duckett's request for further DNA testing by a specialized lab in Texas.

Florida Department of Law Enforcement (FDLE)

The state agency that conducted the initial DNA testing on evidence from the case, which produced inconclusive results.

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What they’re saying

“Without such a hearing and further analysis, the state runs 'the risk that an innocent man will be executed without being given the opportunity to fully analyze the DNA results'.”

— Mary Elizabeth Wells, Lead Attorney for James Duckett

What’s next

The Florida Supreme Court is scheduled to receive briefs from the state Attorney General's Office by Wednesday in response to Duckett's appeal. It will then be up to Governor DeSantis to decide whether to sign a new death warrant for Duckett's execution.

The takeaway

Duckett's case highlights the ongoing challenges around the use of DNA evidence to overturn convictions, especially in high-profile capital punishment cases. The outcome of this appeal could have significant implications for criminal justice reform and the standards for exonerating individuals based on new forensic analysis.