July 15, 2026
FORT LAUDERDALE, Fla. — The legal team for James Duckett, previously scheduled for execution on Tuesday, March 31, issued the following statement after Gov. Ron DeSantis rescheduled his execution for July 28:
“We are disappointed by the Governor’s decision to set a new execution date for our client James Duckett after the State’s own decisions prevented a full and reliable evaluation that could have demonstrated his long-maintained innocence. It is particularly shameful that the Governor chose a date just two weeks away and set the execution on the very same day as the already scheduled execution of Dominick Occhicone.
After his first death warrant was signed in February, Mr. Duckett was granted DNA testing of biological evidence that had never been tested with modern forensic technology. Instead of ensuring the use of a test that would allow for the most complete analysis possible, the State insisted upon using a laboratory that it knew was not capable of performing the advanced Whole Genome Sequencing (WGS) test necessary to fully analyze this degraded DNA evidence.
The State alleged this choice was for speed, arguing in court that it has “a strong interest in not having the execution delayed,” and wanted testing to be completed “as soon as possible.” Their argument, however, ignored the expert who testified that his lab could do the necessary WGS testing as quickly, if not quicker, than the lab chosen by the State to perform an inferior test. Through their adamant refusal to allow no one but the Florida agency to perform the tests, the state destroyed the evidence most central to Mr. Duckett’s case by choosing a testing method and agency that they knew could not provide a definitive result.
Only when a stay of execution was issued by the Florida Supreme Court allowing additional litigation was Mr. Duckett allowed to receive the underlying data so that an independent expert could attempt the analysis that should have been done from the outset. By then, it was too late. Because the State’s chosen laboratory had used a testing method not designed for the type of forensic testing that was needed, and that consumed all of that limited sample, the expert was left with data than could not provide an inclusion or exclusion.
The inconclusive test results are a direct consequence of the State’s own decisions. They chose the laboratory, chose the testing method, and chose expediency over the truth of what happened to Teresa McAbee. Now, they seek to execute our client without the full truth ever being revealed.
Mr. Duckett has consistently maintained his innocence. The State’s duty is to ensure that justice is done, and not rush to kill in a case with such serious doubts over guilt. We 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 re-open the clemency process and fully evaluate the serious issues in the integrity of Mr. Duckett’s conviction.”
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