TAVARES, Fla. — Today, the Circuit Court in Lake County denied James Duckett access to the underlying DNA data generated from recent testing, despite results that failed to produce a definitive result and despite the State lab’s own admission that it is possible to get a more definitive result using a more advanced lab. The State conceded that their own lab is not qualified to assess this evidence further.
To be clear, Mr. Duckett was not asking for additional testing; he was simply asking for the DNA data to be provided in full and read by a qualified lab (which, incidentally, they had asked for in their original motion) to make the inconclusive result conclusive.
“We are seeking the truth here,” said Mr. Duckett’s lead attorney Beth Wells, who has represented Mr. Duckett for 35 years in his fight to prove his innocence. “We are not seeking additional testing, just a right to have the underlying data evaluated by a qualified lab that can answer the question once and for all whether Mr. Duckett is guilty of this crime.”
In its order, the court asserted that “no further testing remains to be done, nor is further testing possible,” and concluded that even if the results were called into question, such analysis would not support Mr. Duckett’s claim of innocence. But the testing conducted in this case did not produce a clear or conclusive result.
Instead of allowing additional analysis to determine what the evidence actually shows, the court has now blocked access to the underlying data altogether. By denying both the data and the ability to retain an independent expert, the court has effectively insulated these inconclusive results from any meaningful scrutiny.
Attorney Wells explained, “What is even more troubling is that the state prioritized the speed of testing over what was needed in this case. The State advocated for this lab despite the fact the FDLE testified that the testing method proposed was not developed for this type of testing. Now we’ve learned that this lab cannot conduct the necessary analysis on its own testing. We sought the truth; they sought speed.”
Attorneys for Mr. Duckett have also requested emails and text messages from the State Attorney, the Attorney General, the Florida Department of Law Enforcement, and DNA Labs International regarding communications about the testing process, including communications and testing instructions sent to the lab. The court denied those requests.
The State and the courts continue to fault Mr. Duckett for waiting until his execution warrant was signed to request this DNA testing. However, this fails to take into account that it is solely because of the rushed, random, and arbitrary warrant process — that is unique to the State of Florida — that created this deadlock. DNA science advances every day. In nearly every other executing state, there is more time for the parties to meaningfully litigate these critical issues. Had Mr. Duckett been given longer than 32 days to raise any final challenges, this testing could have been fully completed and a conclusive result achieved.
“Shouldn’t the State want to have as much certainty as is available to be sure they are executing the right man?” said Grace Hanna, Executive Director of Floridians for Alternatives to the Death Penalty. “Mr. Duckett has maintained his innocence for 40 years, and yet the State is desperate to kill him without getting a definitive answer as to his guilt. Even worse, the State is refusing to offer basic transparency about the process. What are they hiding?”
Mr. Duckett’s team will continue their efforts to ensure that Mr. Duckett is not executed before this critical analysis can be completed.
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