TALLAHASSEE, Fla. — The Florida Supreme Court on July 8 lifted its stay of execution for James Aren Duckett, prompting Gov. Ron DeSantis to schedule Duckett’s execution for noon July 28, six hours before the previously scheduled execution of Dominick Occhicone. If both executions proceed, they will mark Florida’s first double execution in a single day since 1964.
According to the Florida Supreme Court’s decision, Duckett, a former police officer, was convicted of the sexual battery and first-degree murder of 11-year-old Teresa McAbee in 1987. The girl was last seen alive in Duckett’s patrol car.
Based on circumstantial evidence, including “unique tire tracks” and “commingled fingerprints,” along with the aggravating circumstances that the murder was “especially heinous, atrocious, or cruel” and committed during a sexual battery, he was found guilty and sentenced to death by a jury.
After his execution warrant was signed Feb. 27, 2026, Duckett sought post-conviction DNA testing on a 1987 swab from the victim’s underwear containing sperm heads. According to the court’s decision, the available technology in 1987 was unable to produce “conclusive results” from the sample alone, and Duckett argued that modern DNA testing could prove his innocence.
The circuit court granted the post-conviction DNA testing but denied Duckett’s request for a stay of execution until testing could be completed, the decision said. Duckett appealed, and the Florida Supreme Court granted a stay March 26.
The sample was sent to DNA Labs International, Inc., (DLI) a private laboratory selected by the state, according to the decision. The laboratory has faced criticism over the costs associated with forensic testing contracts and policies that prevent defense experts from observing its analysis of evidence.
The Florida Department of Law Enforcement (FDLE) found the DNA testing results to be inconclusive.
“Neither FDLE nor DLI had the capability to complete the testing process by performing a statistical analysis on the data that was generated,” the Florida Supreme Court decision states.
Duckett requested access to the testing data but received it only after appealing the circuit court’s denial to the Florida Supreme Court. According to the decision, a subsequent analysis performed by a bioinformatician selected by the defense also was unable to prove Duckett’s innocence or guilt.
The court lifted its stay of execution July 8.
“Duckett obtained the analysis he sought, and the results were not favorable to him,” the court’s decision said.
Duckett has maintained his innocence since the case began nearly 40 years ago.
Duckett’s attorneys said, “The state’s own decisions prevented a full and reliable evaluation that could have demonstrated his long-maintained innocence.” They plan to appeal to the U.S. Supreme Court, CBS reported.
Duckett’s execution is scheduled for July 28, the same day as Occhicone’s.
Occhicone was convicted of the first-degree murder of his former girlfriend’s parents in 1986. DeSantis signed Occhicone’s death warrant June 26, 2026.
According to the Death Penalty Information Center, Occhicone’s jury returned a “non-unanimous, 7-5 recommendation for death,” which would be insufficient under current Florida law. Florida now requires at least eight jurors to recommend the death penalty, making it one of the few states that does not require a unanimous jury recommendation for a death sentence.
Additionally, a sentencing court found Occhicone committed the murders “under the influence of extreme mental and emotional disturbance.” However, because his sentence became final before 2002, the death sentence remains in place.
Florida reinstated the death penalty in 1972. The executions of Duckett and Occhicone would mark the state’s first double execution since 1964.
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