DEVELOPING: Court Stops Florida Execution Scheduled In Days As We Await Results From New DNA Testing

Summary

Podcast Summary

Episode Overview

Podcast: Amy Robach & T.J. Holmes Present
Episode: DEVELOPING: Court Stops Florida Execution Scheduled In Days As We Await Results From New DNA Testing
Release Date: March 27, 2026
Main Theme:
The episode explores the extraordinary decision by the Florida Supreme Court to grant a stay of execution to James Aaron Duckett, a former police officer convicted in 1987 of raping and murdering 11-year-old Theresa Maccabee. With Duckett’s execution just days away, the court halted proceedings to allow newly available DNA testing on key evidence, raising the possibility of exoneration, delay, or resumption of execution.
The hosts discuss the legal, ethical, and emotional intricacies of the case, the role of emerging DNA technology, and broader issues surrounding the death penalty in Florida.

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Key Discussion Points & Insights

1. The Stay of Execution and Legal Stakes

• Background: James Aaron Duckett, former police officer, was convicted in 1987 for the rape and murder of an 11-year-old girl in a small community near Orlando, Florida. His execution was scheduled for March 31, 2026.
• The Florida Supreme Court stepped in with a 6-1 ruling to grant a stay while new DNA testing is conducted on biological evidence found at the crime scene.
• The new testing could result in one of three outcomes: Duckett’s execution proceeding, his execution being rescheduled, or his exoneration and possible release.
  • “He could still be executed on Tuesday...or he could be completely exonerated.” – TJ Holmes (04:19)

2. Case Details and Nature of Evidence

• Crime Details: In 1987, Duckett, while on duty, picked up Theresa Maccabee for curfew violation—she was last seen with him. Her body was found next day in a lake; she had been sexually assaulted, strangled, and drowned.
• Evidence at trial included:
  • Both Duckett’s and victim’s fingerprints in his car
  • Tire tracks matching Duckett’s vehicle near the lake
  • Blood and hair traced to Duckett
  • Testimony from other local girls about Duckett’s inappropriate behavior
• However, semen found on the victim’s clothing has never undergone the current advanced DNA testing—potentially exculpatory.

3. Power and Implications of DNA Testing

• The DNA evidence, if found not to match Duckett, could be “exculpatory,” meaning it would strongly indicate his innocence.
  • “If the semen...doesn’t belong to this guy, that’s exculpatory. I mean, that does that clear him?” – Amy Robach (08:55)
  • “Yes, that would.” – TJ Holmes (09:07)
• The hosts debate why Duckett’s defense waited so long to request advanced DNA analysis, noting prosecutors’ suspicion that this is a stalling tactic rather than a quest for truth.
  • “Why wait until you actually have an execution day set?” – TJ Holmes (07:51)

4. Moral and Legal Responsibility

• The hosts discuss the moral imperative to ensure absolute certainty before carrying out an irreversible punishment, emphasizing the need for justice system integrity.
  • “If there’s even a thought or a question...why wouldn’t we do this before executing a man? You can’t undo that.” – TJ Holmes (07:04)

5. Broader Questions Around the Death Penalty

• The conversation touches on Florida's aggressive use of the death penalty and Governor DeSantis’ record of signing death warrants.
• The co-hosts acknowledge the complexity of seeking peace for victims’ families and justice for the accused, especially with improved scientific methods.
  • “To know that everybody feels comfortable with...an innocent man is not being [executed].” – Amy Robach (20:29)

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Notable Quotes & Memorable Moments

• On the high stakes and rare intervention:
  • “It’s very, very rare that the Supreme Court would step in and stay this execution pending further order...even a bigger deal that it’s happening in the state of Florida because this was a heinous crime.” – TJ Holmes (03:13)
• On the ethical duty to ‘get it right’:
  • “Shouldn’t we get it right? I mean should no matter what. If there’s a question...let’s figure this.” – Amy Robach (06:52)
• On the possible outcomes:
  • “We are looking at a clock, and in a few hours we could find word that this guy is innocent. He didn’t do it...that would be incredible.” – Amy Robach (18:32)
• Reading Duckett’s attorney’s statement:
  • “James Duckett has steadfastly professed his innocence for the nearly four decades he has been on death row...We remain hopeful that the results will bring long awaited clarity and justice.” – Duckett’s attorney (18:53)
• On the emotional gravity:
  • “His innocence now is literally hanging in the balance. But to imagine...39 years behind bars for a crime you didn’t commit.” – TJ Holmes (19:50)
• On the outcome, whatever it may be:
  • “If it confirms that he, in fact did rape and murder this little girl...it gives peace of mind to everyone involved in the process that they got the right guy.” – TJ Holmes (20:47)

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Important Timestamps

• [02:36] – Episode content begins: Amy introduces the breaking development in Florida’s stay of execution
• [03:13] – TJ explains why this rare legal move is a big deal
• [04:18] – Possible outcomes: execution, rescheduling, exoneration
• [05:12] – Details about the original 1987 crime and context
• [06:27] – Clarification: Florida Supreme Court, not U.S. Supreme Court, issued the stay
• [07:04] – Discussion of state’s acknowledgment that DNA test result could prove innocence
• [08:55] – Debate on whether DNA would be exculpatory
• [09:16] – Breakdown of physical and circumstantial evidence
• [10:43] – Discussion of delaying tactics vs. genuine innocence claims
• [12:19] – State must update court on DNA evidence status by evening
• [13:17] – (Ad break, skip)
• [16:47] – Segment recap and additional hypothetical outcomes (inconclusive DNA result)
• [18:29] – Noting the nearly 40-year span since Duckett’s conviction
• [18:53] – Reading the official statement of Duckett’s attorney
• [20:47] – Final reflections on justice, peace of mind, and system integrity

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Tone and Language

The hosts use a conversational yet urgent tone, emphasizing both the human cost and legal complexity of death penalty cases. They move fluidly between empathy for the victim, respect for legal procedure, and scrutiny of the evidentiary process. Both are careful to avoid conclusions before final DNA results, modeling journalistic integrity and sensitivity.

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Conclusion

This episode provides an in-depth, real-time look at a life-and-death legal dilemma: whether to proceed with an execution amid new technological avenues for determining guilt or innocence. Robach and Holmes skillfully blend breaking news coverage with thoughtful commentary, urging caution and a commitment to justice as the state—and the nation—await the results of pivotal DNA testing.

Transcript

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[Amy Robach]

Hey there folks. It is Friday, March 27, and here's something you don't hear every day out of Florida. They have granted a stay of execution for a death row inmate. But the case gets more interesting because the clock is still ticking on that execution. Robes, help us with this one. Welcome to this episode of Amy and tj. This is a scheduled execution for next week. It could or could not go through Robes based on some DNA testing that is pending. This is a hell of a high stakes case right now.

[TJ Holmes]

It certainly is. And all eyes are on the state of Florida. This is almost unheard of. That's why it's, it's first of all, it's very, very rare that the Supreme Court would step in and stay this execution pending further order. First place. But it's even a bigger deal that it's happening in the state of Florida because this was a heinous crime. A former police officer convicted of raping and murdering an 11 year old girl. We're talking about James Aaron Ducket.

[Amy Robach]

Yeah, look, Florida, we've done a lot of executions and not execution stories out of Florida. And just for that context, Robes, it's and given how Desantis is signing death warrants left and right, to hear that one has been halted days before it was supposed to go through. Today is the 27th, it's scheduled for the 31st and it still might go through, it might not go through. And I guess Robes, is it possible this man could go free given the stakes we're talking about? We're gonna give you everybody these details. But I, we haven't discussed that to this Are we really talking about this man could possibly.

[Sarah Spain]

Yes.

[Amy Robach]

Get exonerated.

[TJ Holmes]

Yes. All of the above is possible. He could be, he could still be executed on Tuesday and he could just have postponed execution that would be rescheduled for a later date or he could be completely exonerated. It really is one of those three things. This is a big deal and we're recording this just before noon on Friday. They have given the Supreme Court has given the state of Florida a deadline by the end of business today. They have to let the court know where this DNA evidence is, what the state status of the testing is. That is what's at play here. James Aaron Duckett's attorneys say that they now have a new way of testing some DNA that was found in that little girl's pants. Basically that they say they believe could exonerate their client.

[Amy Robach]

And this was back in May of 1987 is what we're talking the communities outside of Orlando has that right where he was. But yes, he did work as a police officer. But little Teresa Maccabee was out 11 years old. The officer runs into her and another friend says they're out past curfew, says she needs to get in his car. That is the last time she's seen and she's reported missing. Next day her body was found in a lake. Medical examiner determined this 11 year old girl Robes just. And again we got a 13 year old in our house. I just think about a child and did. Just to hear what the medical examiner say this girl went through was just awful.

[TJ Holmes]

It's. It's absolutely horrific. Yes, the medical examiner said that little. Oh my gosh, this little girl was sexually assaulted. She was strangled and then drowned. That's just awful. I. It's hard to even get your head around just the viciousness and the cruelty. But I also. Look, there was a lot of evidence. When you go through what happened in the trial, I'm actually kind of shocked that the Supreme Court. I believe the decision was 6 to 1. Correct. Saying putting a stay on this execution. But when you go back.

[Amy Robach]

I'm sorry, we didn't do distinct. This was the state Supreme Court. So not the U.S. supreme Court. Yes, the U.S. supreme Court never gets involved.

[TJ Holmes]

Yeah. They say no thanks. Hard pass. The state Supreme Court voted 6 to 1 so overwhelmingly in favor of staying the execution. But you go back and you read what came out in court and the evidence that was presented against him. It's kind of. It kind of looks like everything points to this former police officer.

[Amy Robach]

You know, I kind of little off the direction we're going, but you made me think of it. Robes. Shouldn't we get it right? I mean should no matter what. If there's a question. Okay, let's give it a couple days. Let's figure this.

[TJ Holmes]

You know, you make a very good point. And I think that's pretty much where the Supreme Court was at this point because they even said according to court records that even the state of Florida acknowledged that this evidence could prove his innocence. And so if there's even a thought or a question or a possibility that this new evidence or a new way of testing this evidence is available, why shouldn't we. Why wouldn't we do this before executing a man? You can't undo that.

[Amy Robach]

So this is. Yes. DNA. I believe it was semen that was found on the little girl's pants. They have that, and they have had that, but it hasn't gone through whatever latest and greatest DNA testing. I did see a report as well that he. That it's been talked about in the past, and he wasn't on board with even having this DNA test.

[TJ Holmes]

That was what the prosecutor was trying to argue, saying, look, he had this testing, this new testing available to him starting in 2024, and they've known about the DNA. They've known about that since the very beginning of the case. So why wouldn't he have pursued the testing in 2024? Why wait until you actually have an execution day set? Because Governor DeSantis set this execution date fairly recently. And it wasn't until he got his date where he was like, oh, wow, that's the day I'm gonna die, that he then tried to get this process going.

[Amy Robach]

Take your shot, I guess. Take your shot. You got nothing else to lose. And maybe that's why they did it. But who knows how this now DNA is going to work out. But, Robes, if. If this DNA, which he is claiming could clear him first of all, does it.

[TJ Holmes]

Well, so that's my point. The other evidence in the case, and they're saying, yes, but maybe the other evidence in the case could be explained. Some of it could be explained just by the mere fact that he had her in his vehicle to allegedly take her home. And I don't know what he's alleging, that maybe when he dropped her off, someone else must have taken her. Who knows?

[Amy Robach]

But, Ro, I mean, this would have to clear him. If that's. This girl was sexually assaulted and that. I mean, the semen that was left behind, it doesn't belong to this guy. That's exculpatory. I mean, that does that clear him?

[TJ Holmes]

Yes, that would. That would.

[Amy Robach]

That means there's somebody else. But like you said, Robes, all this other stuff you piece together, some of it's circumstantial. Some of it seems to be hard evidence of the interaction.

[TJ Holmes]

Yes, yes, yes. So the evidence that was presented at trial, first of all, both of their fingerprints were on the car, so both his. James Duckett's and Theresa Maccabees fingerprints on his car, I think that could be explained just by the fact that she was seen in his car getting into his car. So that. Okay, but the tire tracks to his vehicle match the tire tracks left behind at the lake where her body was found. Yeah, that's tough to get around. And then the blood and hair from the victim were traced back to him.

[Amy Robach]

That's how they got to him in the first place. That it was. So I. Again, how you can explain it away? Who knows?

[TJ Holmes]

And then to me, one of the more damning ones. And I know this is circumstantial, but this still, this still had some weight when I was reading about it. Other girls in the area testified that this dude, this police officer, James Duckett, was creepy, would offer them rides and tried to assault them. So there was a pattern of behavior that was established by three other young girls who testified at his trial.

[Amy Robach]

Yeah, some of that, some of that circumstantial, and some of that seems to be evidence pointing towards him. But Robes, is he. If he thought this DNA was there and could clear him, he would have been screaming for the past 20, whatever years, test that DNA.

[TJ Holmes]

But what's the point of screaming that now? So you get it postponed so there's a day of execution. So you can get another week, another month, maybe another year. But ultimately, if that DNA is tested, that's the final nail. And I mean, it is going to be. I shouldn't say if it is going to be tested. When it comes back, if it shows it's his DNA, he just put the final. I guess he has nothing to lose, maybe would be the point.

[Amy Robach]

I would say we have seen, again, Ro, we just happen to have covered a lot of executions. And at the end they try everything. And we have seen some try things that. And have the same argument from the judges and the prosecutors. Like this was here the whole time. You had 20 years, you could have tried this option. You're just trying to delay. And yes, Robes, I bet somebody, if you knew you were supposed to die next Tuesday and they pushed it to Wednesday, you would appreciate it, right? You fight forever at the end, you fight for every last second and every last breath. And maybe that's all this is. However, Robes, what if. What if this DNA is tested? It's not his.

[TJ Holmes]

It's. It.

[Erin Andrews]

It's.

[TJ Holmes]

You make a good point. And if you're, if you're at any point a part of the process that leads to the execution of a man, however legal and however warranted it may be in the eyes of most people, you still, if you had any doubt, just a. The tiniest pin prick of a doubt that would stay with you. It would stay with me. It would be one of those things where. Why wouldn't we have tested the DNA? Why wouldn't we have turned over every rock? Why wouldn't we have just made sure, beyond a shadow of A doub out that this man absolutely is guilty of this horrific crime against this 11 year old girl.

[Amy Robach]

So the testing is taking place point as we're speaking. We don't know the status but the court has given the state a deadline of this evening, early evening to let them know. I don't know if they need the results of the test but they want at least the status.

[TJ Holmes]

They want at least the status. But I, from what I've read, it's very possible that we will actually have the results of the DNA testing by late today.

[Amy Robach]

And so you have a stay in place by the court. They can lift that at any time that they want to. So I guess some more legal wrangling needs to take place. But through all this, yes, he wants the DNA tested, but he has been proclaiming his innocence. Stay here. We will let you hear what his attorneys, the statement they put out having to do with all this latest back and forth just days before execution day.

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[TJ Holmes]

Welcome back everyone to this Friday episode here on Amy and TJ where we are talking about something we don't talk about very often. The State of Florida. The State Supreme Court there put a stay of execution on a man convicted of a heinous crime and just days away from execution. We're talking about former police officer James Aaron Duckett. He was convicted of sexually assaulting and murdering an 11 year old girl, Teresa McAbee, back in 1987. His scheduled execution was set for Tuesday, March 31st. But the court has stepped in, saying, wait a minute. We need to know. There is a new way of testing DNA that was found on those. I think it was. It was her little. It was her pants. Correct. Semen on her pants. So this is now. We are waiting for final word of where the process is in the testing and if we actually have perhaps even some results from the DNA testing by the end of the day today. So this is. This is a hour by hour, moment by moment case, because there are. We've mentioned three things that could happen,

[Amy Robach]

but I just thought about another thing I didn't think about before. What if it's inconclusive? Is there any chance it's not a good enough sample?

[TJ Holmes]

If it's inconclusive, I would imagine the standing of the court. 1990, he was convicted. That would have to stand. And the decision by the jury to vote for death. That would have to stand. So this might just be a. A brief pause. This could be a longer stay while they figure things out. Or he could be exonerated.

[Amy Robach]

This is incredible. I am. We're sitting here talking about a crime. How many years ago was on this one?

[TJ Holmes]

40. Almost 40 years ago. 39 years ago.

[Amy Robach]

So we are looking at a clock, and in a few hours we could find word that this guy is innocent. He didn't do it. I don't know. I don't know how many people out there are proclaiming his innocence necessarily, other than his own legal team at this point, but that would be incredible. We are. This is a weird countdown. A weird thing to be wasted on standby for.

[TJ Holmes]

Yeah. On a Friday afternoon. Knowing that there is the possibility that his execution will go forward four days from now. This is what his attorney had to say. Following the court's order, the Supreme Court's order. James Duckett has steadfastly professed his innocence for the nearly four decades he has been on death row. DNA testing currently underway as ordered by the circuit court, has the potential to conclusively establish Mr. Duckett's innocence. Mr. Duckett and his defense team are grateful for the court's decision, recognizing the importance of ensuring that the testing proceeds in a careful, thorough and orderly manner. We remain hopeful that the results will bring long awaited clarity and justice.

[Amy Robach]

Hopefully brings clarity and justice. It could.

[TJ Holmes]

Yes, actually, it. Either way, it could do that.

[Amy Robach]

Very well put. Well said. And it seems like they were leaving open the possibility, well, this might not

[TJ Holmes]

go their clients because all the other evidence points directly at James Duckett. So, yes, if this bit of sperm, if this bit of DNA that was on that little girl's pants, if that has a different suspect, another person, yeah, the whole thing is upended. His innocence now is literally hanging in the balance. But to imagine, I haven't even let myself think about 39 years behind bars for a crime you didn't commit. And he was a former police officer, and maybe he was a little creepy, maybe he was and had some bad behavior or some tendencies, but maybe he didn't actually commit this crime also.

[Amy Robach]

Maybe he's guilty as hell, and bottom line, he's just fine. You know what? But it's okay. We talk about the death penalty plenty here. And to know that everybody feels comfortable with, even if you don't like the death penalty, you can at least say a innocent man is not being.

[TJ Holmes]

You know what? And I think that either way, if he's. If he's exonerated because of the DNA, obviously that's a. A massive win for James Duckett and perhaps even pointing police and investigators in the right direction for the person who is responsible, if that's the case. But if it proves, if it confirms that he, in fact did rape and murder this little girl as he was previously convicted of, that does give peace of mind. It gives peace of mind to everyone involved in the process that they got the right guy and that the right guy is paying for his sins on Tuesday. So this is a really interesting case. It's developing. We will, of course, keep our eye on this, but we thought we would let you know what's happening right now in the state of Florida. But with that, everyone, thank you so much for listening to us. I'm Amy Robach alongside TJ Holmes. We'll talk to you soon.

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[TJ Holmes]

Guaranteed Human.