James Aren Duckett

Case information

• Name: James Aren Duckett
• Date of birth: 09/04/57
• Court: Supreme Court of Florida
• Case number: 72711 opinion SC01-2949 DC# 112232
• Trial court: Fifth Judicial Circuit, Lake County
• Trial court case numbers: 87-1347 and 88-0262
• Sentencing judge: The Honorable Jerry T. Lockett
• Trial attorney: Jack Edmund – Private Attorney
• Direct appeal attorney: Jack Edmund – Private Attorney
• Collateral appeals: Mary Elizabeth Wells – CCRC-S

Timeline

• 05/12/87 — Date of Offense
• 05/11/87 — Night of the offense involving James Duckett, the only police officer on patrol in Mascotte, Florida
• 10:00 p.m. (05/11/87) — Eleven-year-old Teresa McAbee walked to a convenience store to purchase a pencil
• 11:00 p.m. (05/11/87) — McAbee’s mother went to the convenience store looking for her daughter
• Within twenty minutes (05/11/87) — Duckett arrived at the Groveland police station after being contacted there
• Next morning (after 05/11/87) — McAbee’s body was found in a lake less than one mile from the convenience store where she was last seen
• 10/27/87 — Indicted for First Degree Murder (Case# 87-1347)
• 03/01/88 — Information charging one count of Sexual Battery by an Adult of a Victim Under the Age of 12 presented (Case# 88-0262)
• 04/11/88 — Cases ordered consolidated
• 05/10/88 — Jury returned guilty verdicts
• 06/30/88 — Sentenced to death for First Degree Murder; Sexual Battery resulted in life imprisonment
• 07/05/88 — Duckett filed a direct appeal with the Florida Supreme Court
• 09/06/90 — Florida Supreme Court affirmed the convictions and sentences
• 05/01/92 — Duckett filed a 3.850 Motion with the circuit court
• 06/12/92 — 3.850 Motion amended
• 11/14/94 — 3.850 Motion amended again
• 08/10/01 — 3.850 Motion denied by the circuit court
• 09/28/01 — Duckett filed a 3.850 Motion Appeal with the Florida Supreme Court
• 06/07/02 — Duckett filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court
• 10/06/05 — Florida Supreme Court denied the habeas corpus petition and affirmed the denial of the motion
• 05/12/87 — Date of Offense

Background

James Duckett was the only police officer on patrol on the night of 05/11/87 in the city of Mascotte, Florida.

The offence

Around 10:00 p.m., eleven-year-old Teresa McAbee walked to a convenience store to purchase a pencil. After leaving the store, she stopped to talk to a sixteen-year-old boy outside the store. Duckett arrived at the convenience store shortly afterward and, after asking the store clerk the age of McAbee, he approached McAbee and the boy. After a brief conversation, Duckett told McAbee to go home, leaving the boy to wait for his uncle.

When the boy’s uncle arrived, the boy and his uncle witnessed McAbee getting into the passenger side of Duckett’s patrol car.

At 11:00 p.m., McAbee’s mother walked to the convenience store, looking for her daughter. The store clerk told the mother that McAbee had left with Duckett and was probably at the Mascotte police station. When no one was found at the Mascotte police station, the mother drove to nearby Groveland police station, where she reported her daughter missing.

The Groveland police officer contacted a Mascotte police officer, and Duckett arrived at the Groveland police station within twenty minutes.

Duckett used a picture of McAbee to make a flyer that he said he would post at convenience stores in the area, however, he failed to do so. The store clerk reported that the police drove by the store every hour, but she reported that Duckett came by at 9:30 p.m. but did not return for a few hours. Additionally, Duckett made no radio calls between 9:50 p.m. and 12:10 a.m.

The next morning McAbee’s body was found in a lake less than one mile from the convenience store where she was last seen. Medical testimony demonstrated that she was sexually assaulted while alive and then drowned.

Investigation and evidence

Blood and a pubic hair, later identified as probable matches to Duckett, were found in her underpants, and semen was found on her jeans. Distinct tire tracks found at the scene were matched to the tires found on the Mascotte Police Department patrol cars. Duckett’s and McAbee’s fingerprints were found on the hood of the car, indicating that she was sitting backwards on the hood of the car.

Arrest

Duckett arrived at the Groveland police station within twenty minutes after being contacted there.

Trial

Charges and consolidation

• 03/01/88 — Information presented charging one count of Sexual Battery by an Adult of a Victim Under the Age of 12 (Case# 88-0262)

Witness testimony regarding prior conduct

At trial, three girls between the ages of seventeen and nineteen testified that in the six months prior to the murder, Duckett had given rides to each of them and had made sexual advances. One of the girls testified that she participated in sexual acts with Duckett.

Verdicts and sentencing

• Jury recommendation — The jury recommended a death sentence by a vote of 8-4
• 06/30/88 — Sentenced as follows:
  • First Degree Murder — Death
  • Sexual Battery — Life Imprisonment

Appeals

Direct appeal

On 07/05/88, Duckett filed a Direct Appeal with the Florida Supreme Court, citing the following trial court errors:

• circumstantial evidence did not exclude all reasonable hypotheses of innocence
• admitting testimony of the three girls
• qualifying a state witness as an expert in hair analysis
• imposition of the death penalty

The Florida Supreme Court affirmed the convictions and sentences on 09/06/90.

3.850 motion

On 05/01/92, Duckett filed a 3.850 Motion with the circuit court. The motion was amended on 06/12/92 and 11/14/94 and denied on 08/10/01.

On 09/28/01, Duckett filed a 3.850 Motion Appeal with the Florida Supreme Court, raising the following issues:

• ineffective assistance of counsel
• failing to present exculpatory evidence, including DNA evidence
• prosecutorial misconduct
• applying vague aggravating circumstances
• improper jury instructions

On 10/06/05, the Florida Supreme Court affirmed the denial of the motion.

Petition for writ of habeas corpus

On 06/07/02, Duckett filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court, raising the following issues:

• Ring issues

On 10/06/05, the Florida Supreme Court denied the petition.

Outcome

James Duckett was convicted and sentenced. He was sentenced to death on June 30, 1988. He also received a life imprisonment sentence for Sexual Battery.

Aftermath

The Florida Supreme Court affirmed the convictions and sentences on 09/06/90, and later denied the 3.850 motion appeal and the petition for writ of habeas corpus on 10/06/05.