PASSAGE OF THE DAY: "Following the signing of Duckett’s first death warrant, Duckett was granted DNA testing of biological evidence that had never been examined using modern forensic technology. Rather than ensuring the use of a testing method that would allow the most complete analysis possible, the state urged the use of a laboratory that, according to the legal team, was not capable of performing the advanced Whole Genome Sequencing, or WGS, needed to fully analyze the degraded DNA evidence."
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PASSAGE TWO OF THE DAY: "PASSAGE TWO OF THE DAY: "The state argued that its decision was based primarily on the need for speed and stated in court that it had “a strong interest in not having the execution delayed” and wanted testing to be completed “as soon as possible.” However, the legal team argued that the state’s position ignored expert testimony that another laboratory could perform the necessary WGS testing more quickly than the laboratory selected by the state to conduct what the attorneys described as an inferior test. By refusing to allow any laboratory other than the Florida agency to perform the testing, the legal team contended, the state destroyed the evidence most important to Duckett’s case by choosing a testing method and agency that it knew could not provide an accurate result."
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STORY: "Defence says Florida chose speed over science in rescheduled Duckett executions," by Shreya Verma, published by the Davis Vanguard, on July 21, 2026. "Shreya Verma is a second-year Political Science Major at the University of California, Irvine. She has previously served as an intern at the Fremont City Council, where she conducted research and co-authored a paper analyzing the impact of social issues, such as homelessness and access to education, on the community, particularly on the marginalized population. Currently, she serves as the Vice President of the Women in Law Association at UCI, Vice President of Finance for The Women's Network, and a committee director for UCI Model United Nations. Her interests include international law, human rights, and supporting underserved communities. She hopes to attend law school and work in Criminal Law in the future."
GIST: Attorneys for death row prisoner James Duckett argued this week that Florida is moving toward his July 28 execution after state officials chose DNA testing methods that prevented a complete forensic analysis of key biological evidence, a decision the defense contends undermines confidence in Duckett’s conviction.
Duckett’s legal team, whose client was previously scheduled for execution on May 31, issued a new statement after Gov. Ron DeSantis rescheduled the execution for July 28.
The legal team expressed disappointment with the governor’s decision to set a new execution date, arguing that the state’s own actions prevented a full and reliable evaluation of evidence that, they contend, could demonstrate Duckett’s innocence.
The attorneys also said it was shameful that the governor selected a date only two weeks away and scheduled Duckett’s execution on the same day as Dominick Occhicone’s execution.
Following the signing of Duckett’s first death warrant, Duckett was granted DNA testing of biological evidence that had never been examined using modern forensic technology.
Rather than ensuring the use of a testing method that would allow the most complete analysis possible, the state urged the use of a laboratory that, according to the legal team, was not capable of performing the advanced Whole Genome Sequencing, or WGS, needed to fully analyze the degraded DNA evidence.
The state argued that its decision was based primarily on the need for speed and stated in court that it had “a strong interest in not having the execution delayed” and wanted testing to be completed “as soon as possible.”
However, the legal team argued that the state’s position ignored expert testimony that another laboratory could perform the necessary WGS testing more quickly than the laboratory selected by the state to conduct what the attorneys described as an inferior test. By refusing to allow any laboratory other than the Florida agency to perform the testing, the legal team contended, the state destroyed the evidence most important to Duckett’s case by choosing a testing method and agency that it knew could not provide an accurate result.
Duckett was allowed to receive the underlying data so that an independent expert could perform the analysis that, according to the legal team, should have been conducted initially only after the Florida Supreme Court issued a stay of execution. However, by then, the legal team said, it was too late, and valuable time had already passed.
Because the laboratory selected by the state used a testing method that was not designed for the type of forensic testing required and consumed the entire limited DNA sample, the independent expert was left with data that could not produce either an inclusion or an exclusion.
The legal team stated that the state’s own decisions directly led to the inconclusive test results. According to Duckett’s attorneys, the state chose both the laboratory and the testing method and prioritized expediency over determining what happened to Teresa McAbee.
The legal team emphasized its claim that the state is attempting to execute its client without reliable, conclusive evidence. The attorneys argued that, as a result, the truth may never be fully known.
Finally, the legal team stated that Duckett has always maintained his innocence. The attorneys argued that the state’s duty is to ensure justice is served, not to rush to conclude a case in which they believe serious doubts about guilt remain.
They argued that resorting to execution without a thorough and complete analysis of the evidence is premature.
The legal team urged the governor to consider testing by its preferred laboratory and to review the additional evidence before the scheduled execution. The attorneys said, “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 reopen the clemency process and fully evaluate the serious issues in the integrity of Mr. Duckett’s conviction.""
The entire story can be read at:
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;
