David Tamihere: New Zealand: Bulletin: The Supreme Court will tomorrow release its decision on David Tamihere's last attempt to clear his name, 36 years after his double murder conviction, having been found guilty in 1990 of murdering Swedish tourists Urban Höglin, 23, and Heidi Paakkonen, 21, in the Coromandel, in a case that shocked the world, RNZ reports, noting that: "Tamihere appealed to the Supreme Court last year, arguing the Court of Appeal should have quashed his convictions in 2025 when it found there had been a miscarriage of justice. Instead, the appeal court had said the convictions should remain. Tamihere has been out of prison since 2010 but has been on a renewed quest to have his convictions overturned since a prosecution witness, prison informant Roberto Conchie Harris, was found guilty of perjury in relation to the case in 2017."

PASSAGE OF THE DAY: "In 2024, the Court of Appeal judges said despite the miscarriage of justice, there was enough other evidence that meant they remained convinced beyond reasonable doubt Tamihere was guilty. Last year, when Tamihere and his legal team appealed that decision, they argued the 1990 trial was "fundamentally defective" and argued the crown case was now different to the one it advanced then."

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STORY: "David Tamihere's last attempt to clear his name to be decided tomorrow,"  published by  RNZ News, om March 30, 2026.

GIST: "The Supreme Court will tomorrow release its decision on David Tamihere's last attempt to clear his name, 36 years after his double murder conviction.

Tamihere, 72, was found guilty in 1990 of murdering Swedish tourists Urban Höglin, 23, and Heidi Paakkonen, 21, in the Coromandel in a case that shocked the world.

Höglin's body was found in 1991, Paakkonen's never was.

Tamihere appealed to the Supreme Court last year, arguing the Court of Appeal should have quashed his convictions in 2025 when it found there had been a miscarriage of justice. Instead, the appeal court had said the convictions should remain.

Tamihere has been out of prison since 2010 but has been on a renewed quest to have his convictions overturned since a prosecution witness, prison informant Roberto Conchie Harris, was found guilty of perjury in relation to the case in 2017.

In 2024, the Court of Appeal judges said despite the miscarriage of justice, there was enough other evidence that meant they remained convinced beyond reasonable doubt Tamihere was guilty.

Last year, when Tamihere and his legal team appealed that decision, they argued the 1990 trial was "fundamentally defective" and argued the crown case was now different to the one it advanced then.

Crown lawyers countered that the case at trial still stood - even without Harris's evidence, and the only reasonable conclusion to draw from the facts was that Tamihere was guilty.

There were some irregularities in the original trial but none of them reached the standard of making it an unfair trial, they said during the hearing.

They said if the Supreme Court did quash the convictions, the Crown would seek a retrial.

But the defence said a retrial would be almost untenable after more than 35 years. Some key witnesses had died.

Höglin and Paakkonen were last seen in Thames in 1989. They had been tramping on the Coromandel Peninsula.

Tamihere had been living in the bush in the area, having been on the run from police for about three years for an earlier rape.

In evidence presented in the original case, Tamihere had admitted stealing the Swedish couple's car and selling their goods, but denied ever having met them.

Two trampers said they saw Tamihere in a bush clearing sitting with a woman fitting Paakkonen's description and wearing a distinctive poncho later found in Tamihere's home.

In the original trial, the now discredited Harris said Tamihere told him he had killed and sexually assaulted the couple and taken Höglin's watch.

Höglin's body was discovered the following year, in the Wentworth Valley, almost 70 kilometres away from where trampers said they saw Tamihere, and there was evidence he had been killed close by. Höglin's watch was still on his wrist.

Tamihere maintains he did not kill the couple.

The court will release its decision tomorrow afternoon."

The entire story can be read at:

https://www.rnz.co.nz/news/national/591040/david-tamihere-s-last-attempt-to-clear-his-name-to-be-decided-tomorrow

PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system.   Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog.

FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan: Executive Director: New England Innocence Project;

FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Christina Swarns: Executive Director: The Innocence Project;

Dr. Henry Lee: Nevada: NBC News (Connecticut) reports on the death of this "world-renowned forensic scientist" at age 87: Publisher's Note: I ask, how do you report responsibly about the death of a man whose illustrious career was marred by a judge's ruling that he gave gave false testimony during the trials of two men - Shawn Henning and Ricky Birch - convicted of murder in the 1980s - whose convictions were overturned, who spent 30 years in prison before being released, and who were ultimately paid $25.2 million by the State of Connecticut. I believe that the NBC News Connecticut story and video (well-worth watching) achieved that goal; Harold Levy: Publisher: The Charles Smith Blog.

PUBLISHER'S NOTE: I ask, how do you report responsibly about the death of Dr. Henry Lee whose illustrious career was marred by a judge's ruling that Henry Lee gave gave false testimony during the trials of two men - Shawn Henning and Ricky Birch - convicted of murder in the 1980s - whose convictions were overturned,   who spent 30 years in prison before being released, and who  were ultimately paid $25.2 million by the State of Connecticut? I believe that the  NBC  News  Connecticut story and video (well-worth watching)  achieved that goal; 

 Harold Levy: Publisher: The Charles Smith Blog.

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STORY: "World-renowned forensic scientist" Dr. Henry Lee dies at age 87," published by NBC News (Connecticut)  on March 27, 2026.

SUB-HEADING: "He came to prominence in the 1980s after his testimony in the so-called wood chipper murder trial.:

Famed forensic scientist Dr. Henry Lee died at the age of 87 on Friday at his home in Nevada, according to the University of New Haven.

Lee joined the university in 1975 and founded the school's forensic science program. He was a professor at the university for more than 50 years.

He came to prominence in the 1980s after his testimony in the so-called wood chipper murder trial. Lee's forensic examination and testimony helped the prosecution secure a guilty verdict against Richard Crafts, despite never finding the body of Crafts' wife.

Lee would go on to testify in or consult on many high-profile cases, including the O.J. Simpson trial and the murder of JonBenét Ramsey.

He served as the chief criminalist for the State of Connecticut and director of the Connecticut State Police Forensic Science Laboratory from 1978 to 2000, according to the university.

His reputation came into question more recently when a judge ruled Lee gave false testimony during the trials of two men who were convicted of murder in the 1980s.

The convictions were overturned, and the men were released from prison after 30 years. The State of Connecticut paid $25.2 million in compensation to the two men."

The entire story can be read at: 

https://www.nbcconnecticut.com/news/local/world-renowned-forensic-scientist-dr-henry-lee-dies-at-age-of-87/3718910/

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Read previous post of this Blog: (Link Below): "Judge finds forensic scientist Henry Lee liable for fabricating evidence in a murder case," by Associated Press Reporter Pat Eaton Robb, published by The Toronto Star, on July 21, 2026.

https://draft.blogger.com/blog/post/edit/120008354894645705/5397731928305948197

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PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system.   Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog.

FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan: Executive Director: New England Innocence Project;

 FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

March 30: Neonatal Nurse Lucy Letby: Sarah Knapton (Science Editor of The Telegraph) does an excellent job of explaining why the Letby case bears striking similarities to the case of Susan Nelles - the Canadian nurse I have often written about in the pages of this Blog - who was accused of poisoning babies at Toronto's Hospital for Sick Children, in a story headed, "Eminent neonatologist says ‘same flawed statistical methodology’ that led to wrongful accusation of nurse Susan Nelles used in Letby case," noting that: "Dr Bohn, who retired as Chief of the Department of Critical Care Medicine in 2011, said: “The Lucy Letby case has echoes of a similar series of unexplained deaths we had in our hospital while I was there involving infants with congenital heart disease.” As in Letby’s case, shift patterns linked Nelles to the deaths which stopped immediately after she was arrested. However the timing coincided with the hospital placing new restrictions on access to digoxin and bringing in updated care protocols. The case was later thrown out before it reached trial and the nurse awarded an out-of-court settlement of $190,000 after bringing a case of malicious prosecution."

QUOTE OF THE DAY: "Speaking about Letby’s trial, Dr Bohn added: “They need a statistical expert to give evidence at trials like these. “It would seem that Chester Hospital was poorly run and short of staff.  Premature babies like these are very fragile. “I think it is highly likely that there has been a grave miscarriage of justice here. The legal system has painted itself into a corner and I don’t see a way out.”

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PASSAGE OF THE DAY: "Dr Bohn added: “(There was a) similar poorly conducted investigation and a rush to find a guilty party. The case was thrown out at a preliminary hearing.  Rightly so. “All the patients were receiving the cardiac drug digoxin but it is rarely used nowadays. “The problem was that the window between efficacy and toxicity is very narrow.  They measured post mortem digoxin levels which were elevated and concluded that there had been deliberate poisoning. “This was a flawed approach because what constituted therapeutic levels had never been established in forensic medicine."

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STORY: "Eminent neonatologist says ‘same flawed statistical methodology’ that led to wrongful accusation of nurse Susan Nelles used in Letby case, by Science Editor Sarah Knapton, published by The Telegraph, on July 11, 2024. "Sarah Knapton is the Science Editor of The Telegraph and has covered all areas of science since 2013. She has previously been named Science Journalist of The Year, was Highly Commended at the Society of Editors Press Awards, and is known for her extensive coverage of the Covid-19 pandemic, and her investigative work on the Lucy Letby case. Sarah previously worked for the Guardian, Central News and The Evening Chronicle in Newcastle."

PHOTO CAPTION: "Susan Nelles' case was later thrown out before it reached trial and the nurse awarded an out-of-court settlement of $190,000 after bringing a case of malicious prosecution."

GIST: The Lucy Letby case bears striking similarities to a Canadian nurse wrongly accused of poisoning babies, an eminent neonatologist has said.

Dr Desmond Bohn, who spent 35 years as a paediatric intensive care specialist, was working at the Hospital for Sick Children in Toronto when nurse Susan Nelles was blamed for the deaths of four infants in her care.

Between June 1980 and March 1981, there was an alarming increase in cardiac deaths on two neonatal wards at the hospital.

Post mortems showed that the babies had unusually high levels of digoxin in their blood, a drug commonly used to slow heart rate and increase circulation.

Dr Bohn, who retired as Chief of the Department of Critical Care Medicine in 2011, said: “The Lucy Letby case has echoes of a similar series of unexplained deaths we had in our hospital while I was there involving infants with congenital heart disease.”

As in Letby’s case, shift patterns linked Nelles to the deaths which stopped immediately after she was arrested.

However the timing coincided with the hospital placing new restrictions on access to digoxin and bringing in updated care protocols.

The case was later thrown out before it reached trial and the nurse awarded an out-of-court settlement of $190,000 after bringing a case of malicious prosecution.

l

Dr Bohn added: “(There was a) similar poorly conducted investigation and a rush to find a guilty party. The case was thrown out at a preliminary hearing.  Rightly so.

“All the patients were receiving the cardiac drug digoxin but it is rarely used nowadays.

“The problem was that the window between efficacy and toxicity is very narrow.  They measured post mortem digoxin levels which were elevated and concluded that there had been deliberate poisoning.

“This was a flawed approach because what constituted therapeutic levels had never been established in forensic medicine.

“Nevertheless, murder was suspected and a nurse named was identified as the culprit using the same flawed statistical methodology as in the Letby case.”

In 1993, more than a decade after Nelles was accused of murder, a report blamed the chemical MBT, used to toughen syringes and medical tubing, for the deaths of these babies.

It also concluded that tests used to measure digoxin in the early 1980s gave falsely high readings which could not be relied upon.

Nelles continued to work as a nurse in Kingston Ontario and in 1999, was awarded an honorary doctorate in law from Queen’s University for work promoting integrity in nursing.

‘Highly likely that there has been a grave miscarriage of justice’

Speaking about Letby’s trial, Dr Bohn added: “They need a statistical expert to give evidence at trials like these.

“It would seem that Chester Hospital was poorly run and short of staff.  Premature babies like these are very fragile.

“I think it is highly likely that there has been a grave miscarriage of justice here. The legal system has painted itself into a corner and I don’t see a way out.”

Letby has been refused the right to appeal, but the Criminal Cases Review Commission (CCRC) said that she, or her representatives, could bring the matter to them for review.

A CCRC spokesman told The Telegraph: “We have not received an application for Lucy Letby.

“Applications to the CCRC can be made by anyone who believes they have been wrongly convicted or sentenced, or by their representatives.”

The entire story can be read at: 

https://www.telegraph.co.uk/news/2024/07/11/lucy-letby-case-susan-nelles-canadian-nurse-accusation/PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system.   Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog.

FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan: Executive Director: New England Innocence Project;

FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Christina Swarns: Executive Director: The Innocence Project;

Faulty DUI Tests: KFI AM 640 (iHeart Radio) reports that California's faulty DUI tests may have tainted cases for a decade, noting that: "For nearly a decade, California law enforcement agencies relied on flawed urine test kits that may have produced false or inflated alcohol readings in driving under the influence (DUI) and other criminal cases — and authorities say an untold number of convictions could now be in question."…"According to the Los Angeles Times, the California Department of Justice alerted roughly 60 law enforcement agencies and seven district attorney's offices this week that cases in their jurisdictions may have been affected by the faulty tests. The problem traces back to Andwin Scientific, a medical supply company based in Simi Valley, in Ventura County, which supplied urinalysis test kits to the state's forensic lab in Santa Rosa beginning around 2016."

PASSAGE OF THE DAY: "Attorneys in each flagged case were notified, including the public defender's office. Assistant District Attorney Brian Staebell said his office waited to alert defense attorneys until it could identify which convictions involved the problematic tests. "It does seem to be limited in scope, and we've provided everything we can to defense attorneys to take action if they feel it's appropriate," Staebell said. Sonoma County Public Defender Brian Morris said his office would examine every case. "When the government's own lab acknowledges that faulty testing kits may have artificially inflated alcohol levels over a nine-year period, it raises serious concerns about the reliability of their forensic testing, internal controls, and safeguards," Morris said in an email. The revelation, he added, "puts the integrity of convictions based on DOJ evidence in serious doubt."

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STORY: "California's Faulty DUI Tests May Have Tainted Cases for a Decade," published by iHeartRadio,  KFI AM 640,  LA Local News, on Match 19, 2026.

GIST: "For nearly a decade, California law enforcement agencies relied on flawed urine test kits that may have produced false or inflated alcohol readings in driving under the influence (DUI) and other criminal cases — and authorities say an untold number of convictions could now be in question.

According to the Los Angeles Times, the California Department of Justice alerted roughly 60 law enforcement agencies and seven district attorney's offices this week that cases in their jurisdictions may have been affected by the faulty tests. The problem traces back to Andwin Scientific, a medical supply company based in Simi Valley, in Ventura County, which supplied urinalysis test kits to the state's forensic lab in Santa Rosa beginning around 2016.

Katina Repp, director of the state's lab in Santa Rosa, explained the flaw in a January 28 letter to the Sonoma County district attorney's office. The test kits contained far less sodium fluoride than their labels indicated — about 100 milligrams instead of the 750 milligrams listed. Sodium fluoride is a preservative that stops urine samples from fermenting. Without enough of it, samples containing high levels of sugar or yeast could have fermented and generated alcohol on their own, potentially skewing test results.

"This may result in an artificially elevated alcohol level in the sample," Repp wrote.

However, Repp also noted that for a sample to ferment, several conditions would have had to occur at the same time — including the tested person having diabetes-level sugar in their urine and an active yeast infection. "It is possible, under these ideal conditions described above, that some fermentation may have occurred," she wrote, "However, this is still not likely as there was at least some sodium fluoride which would help preserve the sample."

The state launched an audit after discovering the problem and ultimately flagged 97 tests showing alcohol levels at or near 0.04% — the legal limit for commercial drivers. That figure represents just 0.07% of all DUI and alcohol-related cases the state reviewed, officials said.

Sonoma County sits at the center of California's wine country and is one of the affected jurisdictions. As first reported by the San Francisco Chronicle, Sonoma County prosecutors identified nine criminal cases with convictions — mostly DUI cases — in which the faulty kits were used. Of 14 total tests run with the kits, five were part of investigations that did not result in charges.

Chief Deputy District Attorney Matthew Henning said only six cases in Sonoma County were ultimately flagged for deeper review, and in each one, prosecutors found enough additional evidence of intoxication that no further action was needed. In three other cases, the people who gave urine samples were not the defendants.

Attorneys in each flagged case were notified, including the public defender's office. Assistant District Attorney Brian Staebell said his office waited to alert defense attorneys until it could identify which convictions involved the problematic tests. "It does seem to be limited in scope, and we've provided everything we can to defense attorneys to take action if they feel it's appropriate," Staebell said.

Sonoma County Public Defender Brian Morris said his office would examine every case. "When the government's own lab acknowledges that faulty testing kits may have artificially inflated alcohol levels over a nine-year period, it raises serious concerns about the reliability of their forensic testing, internal controls, and safeguards," Morris said in an email. The revelation, he added, "puts the integrity of convictions based on DOJ evidence in serious doubt."

Morris also raised questions about the timeline. "We do not yet understand why it took so long for this information to reach the attorneys who represented the affected individuals, but we plan to take whatever steps are necessary to protect these individuals' rights," he said.

State officials said they first learned the tests were faulty in August 2025. Andwin Scientific stopped shipping the affected kits shortly after, and replacement kits sent since September 2025 contain the correct concentration of sodium fluoride. Representatives for Andwin Scientific did not respond to media requests for comment.

Large counties — including Los Angeles, San Francisco, and Orange — operate their own forensic labs and were not affected. The state Justice Department told the Los Angeles Times in an email: "We have alerted the impacted agencies so they can conduct their own review of the case information."

It now falls to local jurisdictions to carry out their own deeper reviews. The Sonoma County public defender's office has not yet publicly stated what steps it plans to take, and the full scope of the issue across all affected California counties remains unclear."

The entire story can be read at: 

https://kfiam640.iheart.com/content/2026-03-19-californias-faulty-dui-tests-may-have-tainted-cases-for-a-decade/

PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system.   Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog.

FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan: Executive Director: New England Innocence Project;

FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Christina Swarns: Executive Director: The Innocence Project;

March 29: "James Duckett: Death Row; Florida; Major (Unwelcome) Development: Bad News: Fox 35 Orlando (Reporters Camille Sarabia and Marie Edinger) reports that last minute DNA results were 'inconclusive' - and that Florida wants his stay of execution revoked, noting that: "In a statement to FOX 35 on March 27, Duckett's attorneys said the inconclusive evidence might not be the end of the road for Duckett. "It is possible that additional analysis could yield a DNA profile," the statement said. "FDLE opined that a qualified bioinformaticist may be able to provide an opinion and calculation based on the male-specific DNA data. FDLE further suggests that Othram, Inc., the laboratory Mr. Duckett’s defense team initially suggested to do the testing, would be capable of further reviewing the data. "Despite clear indication that the data requires additional review, the State argues that Mr. Duckett should be precluded from accessing the data and litigating any further. When the outcome of the results is whether a man lives or dies, there is no valid scientific basis for prohibiting a second examiner to analyze the results."

PASSAGE OF THE DAY: "Duckett was convicted and, in an 8-4 vote, sentenced to death. His efforts to overturn that conviction were unsuccessful"

---------------------------------------------.  

STORY: "James Duckett: DNA test results inconclusive; Florida wants stay of execution revoked," by Reporters Camille Sarabia and Marie Edinger, published by Fox 35 Orlando, on March 27, 2026.  (Camille Sarabia joined FOX 35 Orlando in October 2025 as a digital content producer. Camille was born and raised in Orange County, California. She started her career in South Bend, Indiana, where she worked at ABC57 and at the South Bend Tribune. While working at the Tribune, she received the Hoosier State Press Association's 2024 "Story of the Year" for her team coverage on the "Smith Six," six children who were killed in a house fire...Marie Edinger is an award-winning journalist born and raised in Gainesville, Florida. She joined FOX 35 as a reporter in 2022, and is immensely happy to be back in her home state. She studied Telecommunications and Spanish Linguistics at the University of Florida, graduating in 2016.)

SUB-HEADING: "After DNA evidence that could prove James Duckett's innocence was deemed inconclusive, Duckett's defense says it's possible another analysis may provide answers."

THE BRIEF:"A former Florida police officer accused of killing an 11-year-old girl could still face execution after his last attempt to prove his innocence was deemed inconclusive. "James Duckett, 68, – a former police officer in Mascotte, Florida – was convicted of killing an 11-year-old girl, Teresa McAbee, in 1987. A DNA samples on McAbee's jeans were tested, but the results were inconclusive, a status report said."

GIST: The execution of a former Florida police officer could still take place after his last effort to prove his innocence was deemed inconclusive. 

James Duckett, 68, – a former police officer in Mascotte, Florida – was convicted of killing an 11-year-old girl, Teresa McAbee, in 1987. Now, prosecutors filed to lift Duckett's stay of execution after nearly 40 years of him steadfastly proclaiming his innocence. 

What we know:

Following the advancement in scientific testing of evidence, Duckett's counsel allowed a semen sample that was found on McAbee's jeans to be tested. Duckett's attorneys told FOX 35 on March 26 that the testing results have the potential to conclusively establish Duckett’s innocence. 

Florida Governor Ron DeSantis signed Duckett's death warrant on Feb. 27. 

Duckett previously declined to have the sample tested in 2024. However, Circuit Judge Brian Welke has said advancements in science mean testing of the sample is now appropriate. 

"Duckett could have sought the SNP DNA testing years ago," the state asserted in its March 27 filing. " … A truly innocent man would have sought SNP DNA testing as soon as it was available rather than waiting over four years and until a warrant for his execution was signed."

Days before Duckett's scheduled execution – set for March 31 – Duckett was issued a stay of execution – halting Duckett's scheduled execution until the results from the DNA evidence were completed. 

The results were issued to be submitted by 5 p.m., March 27. 

According to a status report, filed March 27, the DNA results were submitted to the court by 3:31 p.m. – detailing inconclusive results from the testing. 

State files to lift stay of execution

Following the inconclusive results of Duckett's DNA testing, the state filed to lift the stay of execution – claiming the test results don't point to Duckett's innocence. 

"Because the SNP DNA testing is complete and the results do not exonerate Duckett, the stay of the execution should be lifted," the state's motion said. 

Duckett's counsel responds

In a statement to FOX 35 on March 27, Duckett's attorneys said the inconclusive evidence might not be the end of the road for Duckett. 

"It is possible that additional analysis could yield a DNA profile," the statement said. "FDLE opined that a qualified bioinformaticist may be able to provide an opinion and calculation based on the male-specific DNA data. FDLE further suggests that Othram, Inc., the laboratory Mr. Duckett’s defense team initially suggested to do the testing, would be capable of further reviewing the data.

"Despite clear indication that the data requires additional review, the State argues that Mr. Duckett should be precluded from accessing the data and litigating any further. When the outcome of the results is whether a man lives or dies, there is no valid scientific basis for prohibiting a second examiner to analyze the results." 

What happened to Teresa McAbee?

Around 10:30 p.m. on May 11th, 1987, Teresa McAbee, 11, walked to a Circle K convenience store 400 feet from her house. That store at SR 50 and Sunset Ave is no longer there.

According to reports, McAbee was out with a 16-year-old boy that she knew. However, they were approached by Mascotte Police Officer James Duckett, a rookie officer. Officer Duckett claimed the two were out past curfew and told the girl to get in his vehicle.

Teresa McAbee was reported missing that night. Her body was found the next morning in Knight Lake, not far from where she was last reportedly seen. Police said McAbee had been raped, strangled, and drowned.

The evidence and proof

Authorities said there was one set of tire tracks leading out to the girl's body: snow tires.

The shop told detectives that those tired were mistakenly installed on Officer Duckett's patrol vehicle. Detectives found both Duckett's and McAbee's fingerprints on the hood of his patrol vehicle. Experts testified that the pattern likely indicated that the girl was scooting back on the hood.

Investigators testified that hair was found in the girl's underwear, likely belonging to Duckett. That expert’s testimony and credibility have been the subject of much debate over the years, but appellate judges have repeatedly ruled his input was admissible.

At trial, three girls testified that Duckett had coerced them into his car while on duty. A 19-year-old and a 17-year-old said in separate incidents, he’d fondled and tried to kiss them. A 16-year-old said they’d had oral sex multiple times in his patrol car.

He denied all of this.

The conviction

Duckett was convicted and, in an 8-4 vote, sentenced to death. His efforts to overturn that conviction were unsuccessful.  

https://www.fox35orlando.com/news/will-james-duckett-be-executed-last-attempt-prove-innocence-found-inconclusive-court-documents-say

PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system.   Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog.

FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan: Executive Director: New England Innocence Project;

 FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Christina Swarns: Executive Director: The Innocence Project;