COMMENTARY: "Settle questions on Duckett murder conviction: Test the DNA," by reporter Lauren Ritchie, published by The Orlando Sentinel on October 27, 2017.
SUB-HEADING: "Rookie Mascotte Police Office James Duckett is on death row for the rape and murder of 11-year-old Teresa Mae McAbee, a schoolgirl who went to buy a pencil at a convenience store in 1987 and was found dead the next morning."
GIST: "An important piece of evidence that helped win a death sentence for rookie Mascotte Police Officer James Duckett in 1988 has since fallen apart. Yet, the Florida Supreme Court ruled earlier this month that Duckett, convicted of raping and killing an 11-year-old school girl while on duty, shouldn't get a new trial. That's too bad because questions have swirled around the case since the day the jury came back with a guilty verdict. Still, Duckett has a way to save himself from a lethal injection, but so far he hasn't taken it: DNA. At one point, Duckett demanded DNA testing but backed off when he realized that the tiny samples of evidence would be destroyed in the test. And don't look for prosecutors to do it."If you test, it's destroyed, or if you don't get valid profile, then the defense will say you've destroyed the evidence that would have acquitted him," said Ric Ridgway, chief assistant state attorney. Duckett's attorney, Mary Elizabeth Wells of Atlanta, said she intends to discuss the matter with her client. The case began when the body of Teresa McAbee, a fifth-grader at Mascotte Elementary, surfaced in the shallows of Knight Lake on the morning of May 12, 1987. The child walked to a convenience store near her home to buy a pencil to do her homework about 10 p.m. the previous evening, and she never returned. Her mother had reported her missing about midnight. The key pieces of evidence that convicted Duckett were his squad car's tire tracks at the scene, testimony of an expert about the single hair found in the Teresa's panties and the girl's fingerprints on Duckett's cruiser. Duckett had an explanation for Teresa's palm print on his hood: He said he saw and talked with the girl at the store and urged her to go home. Later, he said, he drove around Knight Lake looking for her after her mother summoned police, and that's why his tire tracks — distinctive snow treads — were found there. An "expert" FBI senior agent who provided a damning piece of testimony at the trial later was discredited. Michael Malone swore that a sample of more than 20 of Duckett's hairs had "exactly the same characteristics" and were "completely indistinguishable" from the lone hair found in Teresa's panties. Later, the Justice Department's inspector general and a 2014 FBI report both declared that Malone's testimony "exceeded the limits of science and were, therefore, invalid." The inspector general report stated that Malone didn't just stretch the truth but "falsely testified" in some cases. The Supreme Court, however, concluded in its Oct. 12 opinion that jurors would not have felt the "reasonable doubt" needed to acquit Duckett even if they'd known the hair evidence wasn't on the square. Wells disagrees, and she plans to file a motion for a rehearing. "Juries listen to experts. It's the FBI — the preeminent law enforcement agency — and that's going to carry the day," she said. At the time of the murder, DNA testing wasn't widely used. After it became common, Duckett demanded the testing but then backed off. Now, two bits of surviving evidence could be tested — one is the single hair, and the other is a slide called Q63, which contains a now-dried vaginal swab with semen. Wells said the chain of evidence became so convoluted as prosecutors shopped for a hair expert to say what they wanted — batches of test hairs were lost, mislabeled, found, lost again and retaken — that she has no confidence that the single hair is the right one. The slide, however, is another matter. It is being stored in a temperature-appropriate setting, waiting to settle the question of whether Duckett is really the killer — if it can. The sample has degraded over the years. This seems like a no-brainer for an innocent defendant. Otherwise, one can only conclude that prosecutors have the right man."
The entire commentary can be found at:
http://www.orlandosentinel.com/news/lake/os-lk-lauren-ritchie-test-duckett-dna-20171024-story.html
PUBLISHER'S NOTE: I am monitoring this case/issue. 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. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html 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.
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