The Florida Supreme Court has halted the execution of former Mascotte police officer James Duckett, who was scheduled to die by lethal injection for the 1987 rape and murder of 11-year-old Teresa McAbee. Duckett, 68, was set to be executed at 6 p.m. on March 31 at Florida State Prison, but the court issued a rare stay pending DNA testing results. The execution window under Governor Ron DeSantis’ death warrant expires April 7.

“We are relieved that the court has intervened to halt this execution and allow time to consider Mr. Duckett’s request for the necessary analysis of the DNA results,” said Mary Wells, an attorney for Duckett. The defense had filed a motion requesting DNA testing of evidence from McAbee’s underwear using advanced testing methods not available when the Florida Department of Law Enforcement previously attempted testing in 2003.

“This state-of-the art method of DNA testing was not available when the FDLE previously attempted testing on the slide in 2003 and is capable of proving that Mr. Duckett is actually innocent of first-degree murder and/or will serve to mitigate his sentence,” the defense’s March 5 motion stated. Lake County Circuit Judge Brian Welke ordered that the DNA could be tested and would be sent to DNA Labs International.

The state objected to Duckett’s motion, arguing that advanced DNA technology had been available for years. “Moreover, 22 years ago, in a letter to this Court from Duckett’s counsel, he voluntarily forfeited DNA testing of the same sample at issue now, waiting until now to seek testing,” the state’s filing from March 10 read. The DNA results that came back were determined to be inconclusive, and the sample cannot be tested again because it had been fully consumed.

Duckett was convicted in 1988 for the murder of Teresa McAbee, who had walked to a Circle K convenience store in Mascotte to buy a pencil around 10 p.m. on May 11, 1987. The rookie officer, who had been on the Mascotte Police Department force for seven months, encountered Teresa at the store during his patrol. Duckett has consistently maintained his innocence throughout the nearly 40 years since the crime occurred.

Judge Welke ruled that Duckett had exhausted his options from a DNA standpoint and could not have the results further analyzed. After Duckett appealed that ruling, the Florida Supreme Court gave Duckett until April 7 to file his initial brief on the merits of his appeal. The state was ordered to file its answer brief by noon on April 8, with Duckett having an opportunity to respond by 5 p.m. on April 8.

“Let’s be clear: the delay occurred because the State chose to oppose efforts to allow the full analysis of the data that could provide conclusive evidence on the question of innocence or guilt,” Wells said. “At a time when irreversible punishment was imminent, the State argued against taking steps to ensure the accuracy of the conviction. That position is deeply troubling.” DeSantis typically allocates 30 days between the issuance of a death warrant and the execution of death row inmates.

“DNA testing has time and time again proven to be a powerful tool for uncovering the truth - that is all Mr. Duckett asks,” Wells continued. “Refusing to allow the full analysis, particularly in a capital case, undermines confidence in the integrity of the system.” People with knowledge of the case told News 6 they do not expect Duckett to be executed in the foreseeable future because the death warrant window expires April 7 and the DNA question is still being litigated.

The case centers on events in Mascotte, a rural city just west of Orlando that had fewer than 2,000 residents in 1987. Teresa’s body was found the morning after her disappearance in Knight Lake, less than a mile from the Circle K store. A medical examiner determined she had been raped, strangled and was still alive when her attacker drowned her, with bodily fluid from the killer found on her underwear.

It remains unclear if DeSantis would have to issue a new death warrant once the lingering legal issues are resolved, contingent on whether Duckett’s conviction is upheld. The Supreme Court’s intervention represents a rare stay of execution in Florida’s capital punishment system, highlighting the ongoing legal battle over DNA evidence that could potentially prove Duckett’s innocence or confirm his guilt after nearly four decades on death row.