The Clock Is Ticking: FL Execution Paused To Test DNA; The Results Are In

Summary

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Podcast Summary: "The Clock Is Ticking: FL Execution Paused To Test DNA; The Results Are In"

Podcast: Amy Robach & T.J. Holmes Present
Release Date: March 30, 2026
Hosts: Amy Robach, T.J. Holmes

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Episode Overview

In this tense, timely episode, Amy Robach and T.J. Holmes discuss the last-minute legal battle over the scheduled execution of James Duckett, a Florida death row inmate convicted almost 40 years ago for the rape and murder of an 11-year-old girl. The episode walks listeners through the latest legal maneuvers, including a rare stay of execution by the Florida Supreme Court, DNA testing that returned inconclusive results, and the emotional and ethical debates about justice, appeals, and the death penalty.

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Key Discussion Points & Insights

1. The Status of James Duckett’s Execution

• Execution Scheduled: James Duckett was set for execution on March 31, 2026, after nearly 40 years on death row for crimes committed in 1987.
• Stay of Execution: The Florida Supreme Court issued a stay of execution pending new DNA test results.
• Current Situation: As of recording, the stay is still in place; no final decision had yet been made regarding the execution.

  "As we sit here, as of this moment, it has not been lifted...there is a stay of execution still in place in Florida for this man." — T.J. Holmes (03:45)

2. The DNA Evidence and Legal Arguments

• Inconclusive Results: DNA test results, finally analyzed in 2026, were inconclusive and did not exonerate Duckett.

  "The results came and they were inconclusive." — Amy Robach (03:18) "Big fat nothing." — T.J. Holmes (03:23)

• Prosecution’s Argument: Immediate motion to lift the stay, arguing that inconclusive results do not warrant further delay.
• Defense’s Argument: Emergency appeal for additional DNA testing at a defense-chosen lab, arguing that with a life at stake, every avenue should be exhausted.

  "They want the DNA testing to happen at their guy's office...they say is ready, willing and able to reread this DNA." — Amy Robach (04:01)

3. Details and History of the Case

• The Crime: Duckett, a former police officer, was convicted in 1990 for the rape and drowning of 11-year-old Theresa Makame.
• Evidence: Conviction was supported by physical evidence, eyewitness testimony, matching fingerprints, tire tracks, blood and hair evidence, and testimony from other young girls whom Duckett had propositioned or attempted to assault.

  "Both the 11 year old's fingerprints and ... his fingerprints were on his car. The tire tracks...match his tires...blood and hair from the little girl traced back to him..." — Amy Robach (08:33)

• DNA Timeline: Advanced DNA testing became available in 2024; Duckett declined testing at that time, only requesting it after his execution date was set in 2026.

  "He declined to have it tested when it was offered to him in 2024." — Amy Robach (06:22)

4. Legal & Ethical Reflections

• Supreme Court Reasoning: Most justices allowed testing "just to be sure," with a dissent noting the last-minute timing.

  "It was almost a...come on dude, give me a break. You could have had this. And now in this late hour..." — T.J. Holmes (09:49)

• Cycle of Appeals: Discussion around the exhaustion of appeals, the human drive for survival, and the emotional toll on the victim's family after decades of delay.

  "Oftentimes we do see this, that inmates will do anything to get another day, to get another hour, to get a little more time..." — Amy Robach (10:30)

• Prosecution Request: Not only seeking to proceed with the execution, but also asking the court to bar further appeals from Duckett and his defense team.

  "They literally were like, can we please have Duckett's team be basically told we're done? No, Moss, you cannot file anything else." — Amy Robach (19:25)

5. Broader Death Penalty Reflections

• Deterrence and Human Nature: Discussion of whether the death penalty deters crime and the universality of the desperate desire to keep living.

  "No matter who you are, when it comes to the end, you fight for more time." — T.J. Holmes (16:30) "Some people might make the argument that's why the death penalty is the ultimate punishment...However, the problem is it's rarely a deterrent because folks don't think they're going to get caught." — Amy Robach (17:03)

• Impact on Families: Hosts stress the emotional roller coaster for the victim’s family, noting the repeated delays as a form of torture after nearly 40 years waiting for closure.

6. Final Thoughts and Open Questions

• What Next? Awaiting a court decision on whether to allow additional DNA testing or move forward with the execution.

  "If the courts decide that the stay continues and someone else can take a look at it, that that's it. They can't file another appeal after this one." — Amy Robach (20:39)

• Florida Context: Emphasis on how rare a stay of execution is in Florida, and the case’s sudden high profile.

  "We were floored last week...This came out of nowhere. Wait, there's a stay of execution in Florida?" — T.J. Holmes (21:18)

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Notable Quotes & Memorable Moments

• On the wait for justice:

  "...we're talking about 40 years for that little girl's family to see justice served all the way through." — Amy Robach (17:33)

• On endless appeals:

  "You give a mouse a cookie and where does it end?" — Amy Robach (20:39)

• On the human instinct to survive:

  "No matter who you are, when it comes to the end, you fight for more time." — T.J. Holmes (16:30)

• On finality and exhaustion of appeals:

  "There gets to a point it's not reasonable anymore to have appeals. Your chances of winning...now you're just wasting time." — T.J. Holmes (20:27)

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Important Segment Timestamps

• [02:29] - T.J. Holmes introduces the episode and sets up the current legal pause.
• [03:18] - Amy Robach announces the inconclusive DNA results.
• [04:36] - Recap of the Duckett case and prior legal steps.
• [06:22] - Discussion on the timeline of DNA evidence and why testing was delayed.
• [08:33] - Breakdown of the physical and testimonial evidence against Duckett.
• [10:30] - Reflections on last-minute appeals and the emotional toll.
• [15:54] - Return from break with summary and reiteration of the current court battle.
• [16:30]-[17:19] - Big-picture reflection on the death penalty, deterrence, and human nature.
• [20:15]-[20:39] - Tension between exhaustively pursuing justice and moving forward.
• [21:18]-[21:34] - Commentary on the rarity of such stays in Florida.

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Conclusion

This episode delivers an in-depth look at the intersection of forensic science, legal maneuvering, and the complexities of the death penalty through the human stories of a notorious Florida case. The conversation remains measured yet empathetic, balancing the gravity of the crime, the persistence of appeals, and the pain endured by the victim’s family. The episode ends uncertain of the final court decision, promising continued coverage.

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Transcript

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[T.J. Holmes]

Sometimes AT&T business Wireless connecting changes Everything. Hey there folks. It is Monday, March 30 and an execution is scheduled for tomorrow. But one death row inmate is not sure if he is waking up today. And this is is his last full day on earth because there are questions about that execution. There are stays in place, the Supreme Court is involved, there was DNA testing, you name it. And right now, Robes, as we sit here, we don't know what's going to happen tomorrow to James Duckett. And with that, welcome to this episode of Amy and tj. We previewed this last week in robes Rare Supreme Court put a stay of execution in place. Waiting on some DNA results on Friday that eventually came.

[Amy Robach]

Yes. So the results came and they were inconclusive.

[T.J. Holmes]

Big fat nothing.

[Amy Robach]

So now the state of Florida immediately won the when those DNA test results came in, immediately filed an order asking now the court to lift that stay of execution and to proceed as scheduled with the execution of James Duckett Tomorrow at 6, 6:30pm but at 6pm sorry,

[T.J. Holmes]

but as we sit here, as of this moment, it has not been lifted. As of this moment, there is a stay of execution still in place in Florida for this man as we sit here at this moment, Robes, that execution is not and cannot go forward until some legal action takes place.

[Amy Robach]

That's right. And so yes, we mentioned the state immediately said, hey, can you lift that stay of execution? We'd like to go forward. But not surprisingly, Duckett's attorneys then immediately filed an emergency motion for further testing because it was inconclusive. They now want the DNA testing to happen at their guy's office. They have, they have a lab basically that they say is ready, willing and able to reread this DNA. And they claim they'll be able to come to a conclusive understanding of what or who this DNA is from and

[T.J. Holmes]

reminded the folks here who we are, who, who we're talking about and who his lawyers are fighting to keep alive. This is not a guy, a reminder here, not someone where there is a question or there hasn't been Robes about guilt or innocence. He is convicted of a pretty, not pretty, heinous. This is awful stuff.

[Amy Robach]

It's about as bad as it gets. So this, this man Duckett was basically, he's been on death row for nearly 40 years for the, the drowning and the rape of an 11 year old girl, Theresa Makame, back in 1987. So this is a guy who's been on death row for nearly 40 years. He was convicted of, yes, sexually assaulting, drowning this young girl. And there is a whole lot of evidence beyond this DNA in question.

[T.J. Holmes]

Physical and witnesses correct involved in this case. However, Robes move us all forward to this moment. His he Desantis down there again running out of ink. He's signing death warrants left and right over the past couple of years. Signed his death warrant. So after the death warrant was signed, now Duckett says, wait, wait, wait, wait, wait. There's some DNA on the victim's pants that needs to be tested. I want tested because if it's proves that DNA is not mine, then this could clear me. That is the argument he made before the state Supreme Court. The state supreme court said, okay, knock yourself out. And the argument is about, like you said, where the testing was going to take place. There was a one dissenting voice on the Supreme Court. I think the vote was 4 to 1. But the one dissenting voice, Rose, brought up a lot of arguments that the state has brought up and that you would bring up from common sense. This DNA has been sitting there for years. The technology has been sitting there for years. Why all of a sudden you want to test it now?

[Amy Robach]

Correct. In fact, he declined to have it tested when it was offered to him in 2024. Basically, it's a microscopic of semen on this 11 year old's pair of jeans that wasn't able to be tested with previous technology. New technology, advanced DNA screening has now emerged in the years. And yes, starting in 2024, this screening, this testing was available and he declined. So to wait right until DeSantis on February 27 signed his death warrant, until the days leading up to the actual execution itself. Then and only then does he say, hey wait, I, I want to get this DNA tested. So the prosecution said if, if you were innocent from the beginning like you claim you are, you would have demanded that that DNA be tested the moment that testing was available. And you didn't. And that speaks volumes.

[T.J. Holmes]

They say it was available 2024 and

[Amy Robach]

probably even earlier it was offered to him in 2024.

[T.J. Holmes]

So now he wants to take it. And look, I give. We said this last week, Rose. We give the state Supreme Court credit. Let's just make sure, make sure that this is nothing's going to come. Let them have every option in every appeal. So sure enough, we were waiting on Friday. When is it? They just wanted a status update. They just wanted to know how the testing was going. We didn't know we were going to get results.

[Amy Robach]

Yeah. So they said by 5pm on Friday they needed to have a status update on where the DNA testing was. And because the Testing came back inconclusive. It was interesting the way the D. A worded it. They said because the DNA testing is complete and the results do not exonerate Duckett, this day of execution should be lifted.

[T.J. Holmes]

Okay.

[Amy Robach]

And that was what his attorneys were claiming, that this could exonerate him, this could prove his innocence. And so the state says fine, but it's inconclusive, which does not prove his innocence, which does not exonerate him. So let's continue in the process that was already agreed upon now for 40 plus years. For nearly 40 years.

[T.J. Holmes]

What you said, it doesn't exonerate him. It doesn't convict him either. But also there was robes so much other evidence in this case that the DNA obviously wasn't necessary to convict in the first place.

[Amy Robach]

That's correct. So both of their fingerprints. Both the 11 year old's fingerprints and the off he was. By the way, did we mention he was a former police officer? He was a police officer when this happened. But both of the young girls and his fingerprints were on his car. The tire tracks that were leading to the lake where the little girl's body was found drowned match his tires. And there was blood and hair from the little girl traced back to him. And there's another thing. Three other young girls testified that he had given him or given them rides before and tried to assault them. So it was almost an identical scenario where he found this little 11 year old girl who was out past curfew, said, get in the car, I'm going to take you home. Home? She never gets home.

[T.J. Holmes]

She was with somebody else and she

[Amy Robach]

was with a 16 year old boy out past curfew. He told the 16 year old to. To, you know, scram. Basically takes her, puts her in his vehicle. Yes. And the 16 year old saw it.

[T.J. Holmes]

So that's the evidence against him.

[Amy Robach]

Correct. It's fairly damning, but he has maintained his innocence the entire time. We should mention, however, a jury found him guilty beyond a reasonable doubt.

[T.J. Holmes]

And look, the. It was so interesting reading the dissenting opinion. It was. I won't say it was sarcastic, but it was almost. It was legally sound and all that good stuff and had citations, but it was almost a. Come on dude, give me a break. You could have had this. And now in this late hour. And they also talked about the issue of where the test. The state was fighting to make sure that a state lab did the testing. So that was a back and forth. But again, what else can you give the guy? This is just a further delay, is it not? Okay, yeah. You tested is inconclusive. But now I want this other lab. And then when that tests it and that doesn't come out the way I want, then I want it to go to another specialty lab out there. I mean, what, there's no stop to it.

[Amy Robach]

You mentioned that oftentimes we do see this, that inmates will do anything to get another day, to get another hour, to get a little more time. And that very well may be the case. When we come back, we're going to tell you what ducats are attorneys had to say. They actually issued a statement within their filing immediately after prosecutors said, let's get this execution back on track for Tuesday. We will tell you when we come back what his attorneys have to say in his defense.

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[Amy Robach]

Welcome back, everyone, to this episode of Amy and TJ where we are awaiting wor from the state of Florida, from the courts there at this point now, who put a stay of execution on 68 year old James Duckett's execution which was scheduled for Tuesday, that's tomorrow, March 31st. They were awaiting test results, DNA test results. Those test results came back. They were inconclusive. The prosecutors say didn't, didn't exonerate him. So let's go forward. Ducket's attorneys say Wait, wait, wait, wait, wait. Hold up a second. We want a little more time for what?

[T.J. Holmes]

I mean, we say this all the time. Robes about it is incredible. No matter who you are, when it comes to the end, you fight for more time. It doesn't, I mean it just in the end, we see it time and again. And this hardened criminal, it didn't care, is in prison still fighting for what to continue a prison sentence, never getting out of jail. But it's, I think it's fascinating just the human just we all have that in us to see how much they fight just to scrap and claw for any chance of life continuing.

[Amy Robach]

And some, yeah, and some people might make the argument that's why the death penalty is the ultimate punishment. That's why it's good to have because clearly in the end, no one wants to die. However, the problem is it's rarely a deterrent because folks don't think they're going to get caught.

[T.J. Holmes]

Yeah, I got 40 years. So I get caught, give me the death penalty. All right?

[Amy Robach]

It doesn't matter until you're in your days away, until that clock really is ticking. And in this country, the clock has been very slow to move.

[T.J. Holmes]

And what you want on how much on this one? This was 80.

[Amy Robach]

This was 1987. Was the murder almost to the day? It was in May of 1987 and he was convicted in 1990. But yes, we're talking about 40 years for that little girl's family to see justice served all the way through. We mentioned Duckett's attorneys filing that emergency order trying to get another lab to test the same DNA. Here is what they had to say. It is possible that additional analysis could yield a DNA profile. FDLE opined that a qualified bio inform. I don't know what this is. Bioinformaticist may be able to provide an opinion and calculation based on the male specific DNA data. Data. Despite clear indication that the data requires additional review, the State argues that Mr. Duckett should be precluded from assessing 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.

[T.J. Holmes]

Yeah. What do you think about that last sentence?

[Keep It Posit Sweetie Host]

They.

[Amy Robach]

That's what they used to get the DNA tested in the first place. Now they're saying, well, the results aren't conclusive. So now, once again, a life is at stake. What's the harm in having a second examiner analyze the results?

[T.J. Holmes]

When I hear that, I go, okay, what's. What's on? Okay, let's get that done and then ask again. What's going to be your next thing after this? And the next thing, I am just exhaust everything to where you cannot make any kind of a claim or an appeal of any kind. I'm. I'm kind of okay with it. The part I don't like is that the family has been waiting 40 years, and now they gotta wait, wait. They've been waiting for tomorrow, which is the execution. They had to get the word last Thursday. That has been halted on Friday. About these DNA results now on. That's just. That's. It's more torture.

[Amy Robach]

That is a roller coaster of emotions that I can't even imagine what that's like to go through. It's interesting, though, babe, you just said about, hey, exhaust his appeals, let him file what he wants. In addition to the prosecution asking that this be it and the execution continue, they also asked that he not be allowed to file any more appeals. Like, they literally were like, can we please have Duckett's team be basically told we're done? No, Moss, you cannot file anything else. You are not allowed to continue to fight this. So they asked for that as well.

[T.J. Holmes]

Fighting to stay alive at the end. Fighting to stay alive. I don't know. I don't know how great of a chance there is they're going to allow more testing. I mean, he. If it exonerate him. You've been sitting there 40 years, and this is the. Okay, knock yourself out.

[Amy Robach]

So you think they should postpone it another day, let another lab test it, and then go from there?

[T.J. Holmes]

I got no problem if there's something valid here. I mean, I don't Know all the science.

[Amy Robach]

What if it's inconclusive again? Then what do you do?

[T.J. Holmes]

See you at the death chamber tomorrow, homie. That's just. What do you do? You. You can't we talk about reasonable doubt. There gets to a point it's not reasonable anymore to have appeals. Your chances of winning. Now you're just wasting time.

[Amy Robach]

I don't know where I stand this babe. I totally get what you're saying, but at a certain point, I guess maybe you would say, okay, one more. But it's like you give a mouse a cookie and where does it end? So that is why perhaps the prosecution said kind of left a space. If the courts decide that the stay continues and someone else can take a look at it, that that's it. They can't file another appeal after this one. So we shall see what happens. We don't know exactly when we will get word, but certainly we will be awaiting it as we know so many folks will be doing the same thing in the state of Florida. Not known for being. I shouldn't say kind, but not known for granting clemency and certainly not stays of execution.

[T.J. Holmes]

Rose, we were floored last week because we cover a lot of executions. This was one where, well, there's no guilt or innocence on this one. Anybody's talking about it. It didn't seem to rise to a level have much controversy or anything leading up to it. This came out of nowhere. Wait, there's a state of execution in Florida?

[Amy Robach]

Yeah, Huge headline. Huge headline. So, of course we will follow with whatever developments may take place today, but certainly we'll have to get word soon here about what happens to James Duckett. And with that, everyone, thank you for listening to us. We always appreciate you. I'm Amy Robach alongside T.J. holmes. We will talk to you soon.

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