The Witness...Gwen Gurley

The day before I visited James Duckett in prison, I received this comment on my website. I chose not to publish it but instead I informed Beth Wells, James Duckett's attorney. I sent all the info to her.

In one of the followup emails from Brandie to me:

Beth Wells was able to contact her.  And this past year Brandie was charged with felony child neglect. This seems par for the course as anytime anyone speaks up for James, bad things happen, especially since  Brandie commented about protecting her children is most important to her.

The following is a real-time transcript taken as closed captioning during the oral argument proceedings, and as such, may contain errors. This service is provided solely for the purpose of assisting those with disabilities and should be used for no other purpose. These are not legal documents, and may not be used as legal authority. This transcript is not an official document of the Florida Supreme Court.  YEAR 2003
  James Aren Duckett v. State of Florida

CHIEF JUSTICE: GOOD MORNING EVERYONE. GOOD MORNING. WELCOME TO THE FLORIDA SUPREME COURT. WE APPRECIATE COUNSEL BEING READY TO GO ON THE FIRST CASE. WITHOUT ANY FURTHER ADO, WE WILL CALL THAT CASE IN DUCKETT VERSUS STATE. IF COUNSEL IS READY TO PROCEED, YOU MAY PROCEED.  

This is a current picture of Gwen Gurley now incarcerated at the Lowell Prison in Ocala, Florida.  

MAY IT PLEASE THE COURT. THE ONLY WITNESS WHO PUTS JAMES DUCKETT WITH THE VICTIM IN THIS CASE, THERESA McABEE, AFTER MR. DUCKETT IS SEEN DRIVING BY HIMSELF ON HIGHWAY 50, IS GWEN GURLEY. THE TRIAL COUNSEL DIDN'T DO HIS JOB AND PRESENT EVIDENCE THAT WOULD HAVE SHOWN SHE WAS LYING. THERE WAS A WEALTH OF EVIDENCE THAT COUNSEL DIDN'T PRESENT.   DIDN'T MR. SALVATORE AND HIS UNCLE, MR. RUBIO, DIDN'T THEY ACTUALLY PLACE THE VICTIM IN THE VEHICLE OF THE POLICE OFFICER AND SHE GOT IN ON ONE SIDE AND THE OFFICER WAS STANDING THERE, AND YOU CAN CONCLUDE BY THAT THAT THE OFFICER WAS ABOUT TO GET INTO THE CAR, SO DO WE JUST HAVE MS GURLEY'S TESTIMONY CONCERNING THE OFFICER BEING WITH THE VICTIM?

YES, YOUR HONOR, AND THERE WERE SEVERAL STATEMENTS THAT THERESA McABEE THEN GOT OUT OF THE CAR AND HE DROVE OFF TOWARD THE POLICE STATION AND HE THEN CAME AROUND AND PICKED HER UP AGAIN, AND THERE WERE SEVERAL WITNESSES WHO TESTIFIED AT THE TRIAL THAT HE WAS SEEN DRIVING OFF ON HIGHWAY 50, WITHOUT ANYBODY IN HIS CAR, AND ALSO THERE WAS AN ADDITIONAL WITNESS.

WHO WERE THOSE WITNESSES?  

THEY WERE SHIRLEY WILLIAMS AND KIM VARGAS, AND COUNSEL SAID HE KNEW ABOUT HER AND HAD A PRETRIAL STATEMENT. SHE WAS IN CALIFORNIA AND HE DIDN'T BRING HER BACK. TRIAL COUNSEL DIDN'T PRESENT HER. SHE NOT ONLY SAYS HE DROVE OFF ON HIGHWAY 50 BUT SAYS SHE WALKED HOME FROM THE CONVENIENCE STORE, AND THE STATE NEVER SAID THAT HE TOOK THERESA McABEE FROM THE POINT SHE WAS SITTING IN HIS CAR AND HE WAS QUESTIONING HER. NO ONE TESTIFIED THAT SHE WAS IN THE CAR WHEN THE CAR LEFT THE PARKING LOT,

IN OTHER WORDS THAT SHE WAS IN THERE WITH HIM?  

NO. THAT WAS NOT THE STATE'S CASE. WHAT THEY SAID WAS, AND THEY HAD TO COME UP WITH THIS IMPLAUSIBLE THEORY BECAUSE HE WAS SEEN DRIVING OFF ALONE THAT HE THEN DROVE AROUND A LARGE AREA AND CAME AROUND AND PICKED HER UP BY THE DUMPSTER, AND THAT IS WHEN GWEN GARLEY COMES IN. SHE SAYS AT THE TRIAL I SAW THERESA McABEE. I HEARD HIS VOICE AND I TALKED TO HIM EARLIER IN THE NIGHT, SO I RECOGNIZED HIS VOICE. AND I WALKED TO THE CAR AND SAW A SMALL GUN IN THE PASSENGER SEAT.  

SO THERE WAS A WITNESS, THEN, THE WITNESS YOU ARE ALLUDING TO THAT TESTIFIED THAT THE CHILD WAS WITH HIM IN THE CAR, LEAVING THE CONVENIENCE STORE PROPERTY.  

YES, YOUR HONOR. I AM SORRY. I MISUNDERSTOOD YOUR QUESTION. THERE WERE SEVERAL WITNESSES WHO WERE THERE WHEN MR. DUCKETT WAS QUESTIONING THERESA McABEE ABOUT HER AGE AND CURFEW. THOSE WITNESSES, THE TESTIMONY FROM EVERYBODY THEN WAS THAT MR. DUCKETT LEFT. SOME OF THE WITNESSES DIDN'T SEE MR. DUCKETT LEFT, MR. CARUSO, THAT JUSTICE QUINCE HAS REFERRED TO, BUT GWEN GURLEY SAID I SAW HIM PICK HER UP, AND SHE CAME ALONG, INTERESTINGLY FIVE MONTHS LATER. SHE WAS ALLOWED TO TESTIFY BY VIDEO DEPOSITION BECAUSE SHE WAS FIVE MONTHS PREGNANT. TRIAL COUNSEL DID NOT CROSS-EXAMINATION HER. HE SENT ANOTHER ATTORNEY TO DO THAT. HE WAS NOT EVEN A PARTNER WITH TRIAL COUNSEL BUT SOMEONE WHO SHARED OFFICE SPACE WITH MR. EDMOND. .

WHAT ABOUT THE FINGERPRINTS FOUND ON THE POLICE CAR?  

THERE WERE FINGER PRINTS FOUND ON THE POLICE CAR, AND AFTER THE EVIDENTIARY HEARING, THERE WAS NO RELIABLE EVIDENCE AND MR. EDMOND DROPPED THE BALL HERE, TOO. HE SAID CAN YOU TELL US WHETHER ONE FINGERPRINT IS SUPER IMPOSED? HE SAID, NO, I CAN'T TELL YOU --  

(unrelated text omitted for this article)

BACK TO GWEN GURLEY, THOUGH, SHE WAS THE ONLY WITNESS THAT COULD PUT MR. DUCKETT WITH --  

YOU SAID HER TESTIMONY WASN'T TRUE. WE HAVE THE RECANTATION AND DON'T WE ALSO HAVE THE TESTIMONY OF THE PROSECUTOR AND THE POLICE OFFICER WHO SAY THAT HER RECANTATION IS NOT TRUE, SO HOW ARE WE TO DEAL WITH ALL OF THESE DIFFERENT STORIES?  

WELL, THERE ARE REALLY TWO ISSUES THERE. ONE IS WHETHER OR NOT THE RECANTATION IS TRUE OR NOT. WHEN SHE WAS CALLED TO TESTIFY IN THE EVIDENTIARY HEARING, THE STATE REFUSED TO GRANT HER IMMUNITY AND WAIVE THE APPLICATION OF THE PERJURY STATUTE TO HER AND SHE TOOK THE FIFTH. I WOULD ARGUE THAT THAT MAKES HER UNAVAILABLE AS A WITNESS AND THESE RECANTATIONS SHOULD HAVE COME IN AND WHAT HAPPENED IS THE CIRCUIT COURT DID NOT CONSIDER THE RECANTATIONS. HE DID NOT ADMIT THEM INTO THE EVIDENCE BUT HE MADE A CREDIBILITY FINDING, SAYING SHE WAS NOT CREDIBLE. THERE IS NO TESTIMONY THERE TO SHOW SHE IS OR IS NOT CREDIBLE. IT IS MY POSITION THAT THE CREDIBLE FINDING IS NOT SUPPORTED BY THE RECORD.  

THE OFFICERS DID TESTIFY, CORRECT?  

THE OFFICERS DID TESTIFY.   AND HE WAS ABLE TO WAIVE THE CREDIBILITY OF THE OFFICERS.   HE DID WAIVE THE CREDIBILITY OF THE OFFICERS, YES, YOUR HONOR. SO IF ONE PERSON SAYS A AND THE OTHER PERSON SAYS NOT "A-", AND THE PERSON THAT SAYS NOT "A" TESTIFIES AND THE COURT FINDS HER CREDIBLE, AND THEY SAY NOT "A", AND THEN I AM NOT GOING TO FIND NOT "A". HE DIDN'T ALLOW ANY OF HER STATEMENTS IN, SO HE HAS GOT JUST OFFICERS' STATEMENTS IN AND OF COURSE THEY ARE CREDIBLE. THERE IS NOTHING TO COMPARE IT TO AT THIS TIME. THERE WERE STATEMENTS MADE, BUT THEY ARE NOT IN THE RECORD. ADDITIONALLY, ASIDE FROM WHETHER OR NOT HER RECANTATION IS TRUE, THERE WAS EVIDENCE AT TRIAL THAT TRIAL COUNSEL COULD HAVE PRESENTED THAT WOULD HAVE SHOWN THE JURY THAT MISS GURLEY WAS NOT TESTIFYING TRUTHFULLY. SHE WAS WITH TWO OTHER PERSONS ON THE NIGHT IN QUESTION. VICKI DAVIS AND JESSICA HAND. THEY BOTH GAVE STATEMENTS, DIFFERENT VARIATIONS ABOUT WHETHER OR NOT WHAT MS. GURLEY SAYS HAPPENED, DID HAPPEN. BUT --  

DID THEIR STATEMENTS SAY THAT THEY WERE WITH HER THAT ENTIRE TIME THAT NIGHT?

BECAUSE SHE SAYS THAT SHE CAME BACK AT SOME POINT, WITHOUT THEM, AND THAT IS WHEN SHE SAW WHAT SHE TESTIFIED TO AT TRIAL.   JESSICA HAND'S STATEMENT IS JUST ALL OVER THE PLACE AND I WOULD ASK THE COURT TO READ THAT. HE SAYS I REMEMBER WE WENT DOWN TO THE CIRCLE K THAT NIGHT AND I DON'T REMEMBER SEEING A POLICE OFFICER AND I DON'T REMEMBER GETTING A QUESTION ABOUT CURFEW. WHAT GWEN GURLEY TESTIFIED TO WAS THAT SHE GOT QUESTIONED, ALONG WITH JESSICA HAND GOT QUESTIONS ABOUT THEIR AGE ANSWER HID IN THE BUSHES AND CAME BACK LATER AND THAT IS WHEN SHE SAW THERESA DUCKETT WALKING TOWARD -- THERESA WALKING TOWARD MR. DUCKETT'S CAR. VICKI DAVIS DOESN'T SAY ANYTHING ABOUT AGE IN HER STATEMENT BUT TRIAL COUNSEL NEVER INTERVIEWED THESE PEOPLE. HAD HE INTERVIEWED THEM, HE WOULD HAVE DISCOVERED THAT VICKI DAVIS SAID THAT  GWEN WANTED ME TO SAY THIS, BECAUSE SHE WANTED TO GET OUT OF JAIL IN TIME TO HAVE HER BABY, AND IF YOU LOOK AT THE STATEMENT, IT SAYS THEY NEED TO GET THE FACTS STRAIGHT, AND IF YOU LOOK AT WHAT THAT WAS, SHE SAYS THIS IS WHAT I WAS TOLD TO SAY, IN ORDER TO GET OUT OF JAIL. SHE TURNED OFF THE TAPE DURING THAT STATEMENT: HAD THEY ASKED, SHE SAID THEY TURNED THE TAPE OFF, IN ORDER THAT THEY GET THEIR STORIES STRAIGHT.  

SHE DID SAY THAT?  

ON THE RECORD SHE TESTIFIED. AND SHE DOESN'T HAVE A DOG IN THIS FIGHT. SHE HAS NO INTEREST IN THIS CASE, ONE WAY OR. SHE WAS NOT QUESTIONED AT ALL. SHE WAS NOT CALLED AS A WITNESS. YOU SAID TO JUSTICE CANTERO THAT THE RECANTATION IS NOT IN EVIDENCE, THAT THE JUDGE COULD NOT CONSIDER IT BECAUSE IT WAS NOT EVIDENCE.

HOW ARE WE ARGUING IT?  

WE OFFERED THE RECANTATION INTO EVIDENCE AND THE JUDGE RULED IT WAS HEARSAY AND DIDN'T ALLOW IT IN. WE HAVE ARGUED THAT SHE WAS UNAVAILABLE AS A WITNESS AND IT SHOULD HAVE COME IN. IT ACTUALLY IS IN THE PAPERWORK YOU HAVE, BUT THE JUDGE IN HIS ORDER, DID NOT RELY UPON IT AND RULED IT INADMISSIBLE IN HIS FINAL ORDER.   OKAY.   THE OTHER THINGS THAT VICKI DAVIS AND JESSICA TAND COULD HAVE MADE CLEAR WHEN GURLEY WAS BEING, TESTIFIED, THEY NEVER WENT TO THE CIRCLE K AND SAW JAMES DUCKETT. NONE OF THEM. VICKI DAVIS TESTIFIED THAT GWEN NEVER LEFT HER, ALL NIGHT. THEY NEVER SAW THERESA GETTING INTO THE CAR. ADDITIONALLY, THERE WERE EIGHT OTHER PEOPLE AT THE CIRCLE K THAT NIGHT.   THIS SAYS NOTHING ABOUT OFFICER SALVE CORE AND ALL OF THAT, WERE THEY QUESTIONED ABOUT MS. GURLY?   ONE WAS ASKED DO YOU REMEMBER HER COMING IN THE STORE AND BUYING A COKE. THE OTHERS WERE NEVER ASKED IF THEY HAD SEEN MS. GURLEY. OTHER PEOPLE WERE INTERVIEWED THAT NIGHT AND NONE OF THEM REMEMBERED THIS. THESE WERE STATEMENTS THAT HE HAD.  

CHIEF JUSTICE: THE MARSHAL REMINDS US THAT YOU ARE IN YOUR REBUTTAL TIME. I WOULD LIKE TO SUMMARIZE THIS POINT THAT THERE WAS CROSS-EXAMINATION THAT WOULD HAVE BEEN AVAILABLE FOR GWEN GURLEY. A, SHE HADN'T LEFT THE STATE AND PROBATION RECORDS SHOW THAT SHE WAS IN THE TOWN THREE MONTHS AFTER THIS TRIAL AND ALSO THAT SHE WAS RELEASED THREE OR FOUR WEEKS EARLY FROM HER SENTENCE AND THAT WAS NOT TOLD TO THE JURY THAT SHE WAS, IN FACT, OUT WHEN HER BABY WAS BORN. I WILL SAVE THE REMAINDER FOR REBUTTAL.  

CHIEF JUSTICE: GOOD MORNING.  

GOOD MORNING. I AM KEN NUNNELLEY, AND I REPRESENT THE STATE ON THIS APPEAL.  

CAN YOU ADDRESS THE GWEN GURLEY ISSUE?  

THE GWEN GURLEY ISSUE IS QUITE SIMPLY, A CREDIBILITY DETERMINATION THAT, UNDER LONG STANDING PRECEDENT OF THIS COURT, IS THE PROVINCE OF THE TRIAL COURT. UNFORTUNATELY I HAVE HAD THE MISFORTUNE  TO ARGUE MOST OF THE CASES THAT YOU ALL CITE FOR THAT PROPOSITION AND THAT WE CITE FOR THAT PROPOSITION, THE LEAD CASE BEING STATE VERSUS SPAZIANO. THE CIRCUIT COURT HEARD THE WITNESSES TESTIFY WITH RESPECT TO GWEN GURLEY. THEY HEARD VICKI -- TO GWEN GURLEY. JUDGE LOCKETT, HEARD VICKI DAVIS TESTIFY. HER CREDIBILITY WAS BEFORE THE TRIAL COURT, AS WAS THE TESTIMONY OF THE OTHER INDIVIDUALS WHO TESTIFIED ABOUT THE ALLEGED RECANTATION. RECANTED TESTIMONY IS EXCEEDINGLY UNRELIABLE, AS THIS COURT HAS REPEATEDLY SAID, AND I WOULD SUGGEST THAT THE CIRCUIT COURT DID, IN FACT, HAVE EVIDENCE BEFORE IT THAT REQUIRED IT TO WEIGH CREDIBILITY, AND THE FACT THAT VICKI, EXCUSE ME, GWEN GURLEY TOOK THE FIFTH AMENDMENT ON THE WITNESS STAND, DOES NOT MEAN THE CIRCUIT COURT HAD NOTHING BEFORE IT THAT COULD BE ASSESSED FOR CREDIBILITY. WITH RESPECT TO THE SUGGESTION THAT GWEN GURLEY'S TESTIMONY AT THE CIRCUIT LEVEL,

NOW LET ME BACK UP, WITH, THE IDEA OR THE SUGGESTION THAT THE STATE'S REFUSAL TO GRANT MISS GURLEY IMMUNITY IS, IN SOME FASHION, EQUAL TO UNAVAILABILITY UNDER THE EVIDENCE CODE, IS YET ANOTHER NEW CLAIM THAT IS BEING RAISED FOR THE FIRST TIME HERE.

WHILE COUNSEL WAS MAKING THAT ARGUMENT, I REVIEWED THE BRIEF AS QUICKLY AS I COULD. WHAT I THOUGHT OR HOPED WAS THE RELEVANT PORTION, AND I FIND NO REFERENCE TO UNAVAILABILITY UNDER THE EVIDENCE CODE CONTAINED WITHIN THE DEFENDANT'S BRIEF, NOR DO I FIND A CITATION TO THE EVIDENCE CODE IN THE TABLE OF AUTHORITIES IN THE DEFENDANT'S BRIEF. THEREFORE I WOULD SUGGESTION THAT THAT ISSUE IS NOT PROPERLY BEFORE THE COURT.

THAT ARGUED TO THE TRIAL COURT?  

THAT IS A THAT, BECAUSE SHE TOOK THE FIFTH OR BECAUSE THE STATE WOULDN'T OFFER HER A DEAL, THAT HER TESTIMONY WAS UNAVAILABLE, AND THEREFORE THE COURT SHOULD CONSIDER HER OUT OF COURT STATEMENT?  

WELL, JUSTICE ANSTEAD, I AM NOT TRYING TO DEFLECT YOUR QUESTION, BUT THE SHORT ANSWER IS I DON'T REMEMBER, AND THE REASON I DON'T REMEMBER IS BECAUSE IT WASN'T RELEVANT, BECAUSE IT WASN'T RAISED ON APPEAL TO THIS COURT. NO REASON I WOULD BE READING IT FOR THAT, WHEN THE ISSUE IS NOT BEFORE THE COURT IN THE FIRST PLACE.  

THIS WITNESS, THOUGH, THAT IS ALLEGED TO HAVE RECANTED, HAS NEVER TESTIFIED BEFORE A COURT, RECANTING HER TESTIMONY, IS THAT CORRECT?  

THAT'S CORRECT, YOUR HONOR.  

CAN YOU ADDRESS THE ARGUMENT THAT COUNSEL DID MAKE IN THE BRIEF, REGARDING GWEN GURLEY, AND THAT IS THAT COUNSEL FAILED TO CROSS-EXAMINATION OR EVEN INVESTIGATE A FALSE ALLEGATION OF SEXUAL HARASSMENT THAT SHE HAD MADE ABOUT ANOTHER, ABOUT A SHERIFFS OFFICER, I THINK?  

WELL, YOUR HONOR, FIRST OF ALL, I DON'T KNOW THAT THE, THAT THAT IS AN ISSUE OR A MATTER THAT RISES TO THE LEVEL OF STRICKLAND VERSUS WASHINGTON, DEFICIENT PERFORMANCE IN PREJUDICE. IT IS CERTAINLY A MATTER THAT COULD HAVE BEEN LOOKED INTO BY TRIAL COUNSEL. THE FACT THAT HE DID NOT LOOK INTO THAT, GIVEN THE FACTS THAT THIS CASE, WHICH WERE THAT GWEN GURLEY WAS MERELY A WITNESS. SHE WAS NOT ALLEGING SOME IMPROPRIETY ON THE PART OF MASCOT POLICE DEPARTMENT OFFICERS, WITH RESPECT TO HER. THE FACT THAT SHE HAD AN ALLEGATION WITH RESPECT TO ANOTHER LAW ENFORCEMENT OFFICER, DOES NOT, REALLY, HAVE ANYTHING TO DO WITH THE CASE. I MEAN --

IT DOES IMPEACH HER TESTIMONY, RIGHT?

IT IS IMPEACHMENT MATERIAL,

AND ISN'T, IS SHE THE ONLY ONE WHO TESTIFIED THAT, WHEN OFFICER DUCKETT RETURNED TO THE CONVENIENCE STORE, SHE IS THE ONLY ONE WHO SAID SHE, THAT HE, THEN, LEFT WITH THE VICTIM?  

SHE IS THE WITNESS WHO PUTS THE VICTIM IN THE CAR WITH THE DEFENDANT.

The Case - Mascotte, Florida

To have a better understanding of the layout of the important places in Mascotte, Florida pertinent to this case, I have "google-earthed" and marked the area. In this first picture it is a shot of Teresa McAbee's house located at 29 South Sunset Avenue in Mascotte, Florida 34753. This is how the house appears today, not too different than in 1987.

This next picture is of the convenience store that was called the Circle K and the laundromat next door, again very similar to 1987. The dumpster is to the right of the building  behind the pickup truck.

The next picture shows Polly's Bar now under a different name. This street leads to Teresa's house.

The next is a series of pictures as if walking from the convenience store toward Teresa's house. The lake (where her body was found) is on the right.

It is a very short walking distance from the store to her house (under 5 minute walk).

This is the view of the dumpster from Teresa's house (see how close it is).

This is the view of the lake across the street from Teresa's house.

Teresa's body was found on the edge of the shore of the lake behind the pump house 1500 feet from her home on the curve of the lake. Google states that it is only a 5 minute walk from Teresa's house.

As you can see by the pictures, the crime of raping and murdering Teresa McAbee was all within walking distance from her home.  There is no logic to this case, that Teresa would have to  be taken in a car (or police cruiser) in order to commit this crime.

The Commission on Capital Cases

Duckett's Brief

STATEMENT OF THE CASE AND FACTS

The Statement of the Case and Facts as set out on pages 1-19

of Duckett’s brief is argumentative and is denied.

The Facts from Direct Appeal

On direct appeal, this Court summarized the facts of this

case in the following way:

The facts in this opinion are set forth in extensive

detail since the convictions are based on

circumstantial evidence. Duckett, a police officer for

the City of Mascotte, was the only officer on patrol

from 7:00 p.m., May 11, 1987, to 7:00 a.m., May 12,

1987. Between 10:00 and 10:30 p.m. on May 11, Teresa

McAbee, an eleven-year-old girl, walked a short

distance from her home to a convenience store to

purchase a pencil. Teresa left the store with a

sixteen-year-old Mexican boy, who was doing laundry

next door. The boy testified that they walked over to

the convenience store's dumpster and talked for about

twenty minutes before Duckett approached them. A clerk

at the convenience store testified that Duckett

entered the store and asked her the girl's name and

age, at which time she advised him that Teresa was

between ten and thirteen years old. After indicating

that he was going to check on her, Duckett exited the

store and walked toward the dumpster, where he located

the two children. Duckett testified that he conversed

with the children and subsequently, acting in his

capacity as a police officer, instructed Teresa to

return home. The sixteen-year-old boy testified that,

after speaking with Duckett, he went to the laundromat

to wait for his uncle, who arrived soon thereafter;

that Duckett and Teresa were standing near the patrol

car; and that Duckett asked the uncle the nephew's

age. Subsequently, Duckett suggested that the uncle

talk to his nephew while he spoke to Teresa. According

to the uncle and the boy, Duckett placed Teresa in the

passenger's side of his patrol car and shut the door

before proceeding to the driver's side. The uncle also

testified that he never saw Teresa touch the hood of

Duckett's car.

At approximately 11:00 p.m., Teresa's mother walked to

the convenience store, searching for her daughter.

Upon arrival, she was told by the store's clerk that

Duckett may have taken her daughter to the police

station. The mother then left the store and spent

about an hour with her sister driving around Mascotte

in search of Teresa. During this time, the mother did

not see a police car. She next went to the Mascotte

police station and, finding no one there, she drove a

short distance to the Groveland police station. There,

she told an officer that she wanted to report her

daughter as missing. The officer told her that he

would contact a Mascotte officer to meet her at the

Mascotte police station. Teresa's mother returned to

the Mascotte police station and waited for fifteen to

twenty minutes before Duckett arrived. After arriving,

Duckett told her that he had spoken with Teresa at the

store; that she had been in his police car; and that

he had directed her to return home. Before returning

home, the mother also filed a missing person report

with Duckett. Subsequently, Duckett went to the

mother's residence to get a picture of her daughter,

called the police chief to inform him of the missing

person report, and advised the police chief that he

had made a flyer and did not need any help in the

matter. Duckett then returned to the convenience store

with a flyer but told the clerk not to post it since

it was not a good picture. Although he told the clerk

that he would return with a better one, he never did.

Duckett did bring flyers to two other convenience

stores. The clerk at one of these stores testified

that, while the police usually drove by every

forty-five minutes to an hour, Duckett came by at 9:30

p.m. but failed to return until he brought the flyer

later that evening. A tape of Duckett's radio calls

indicated none between 10:50 p.m. and 12:10 a.m. At

1:15 a.m., Duckett went to the uncle's house to

question his nephew about Teresa, and Duckett returned

to the mother's home around 3:00 a.m.

Later that morning, a man saw what he believed to be

a body in a lake and went to find the police chief,

who determined that it was Teresa's body. The lake is

less than one mile from the convenience store where

Teresa was last seen.

James Aren Duckett - Introduction

James Duckett was born James Hunter on September 4, 1957 to Louise Jordan and James Hunter. When James was 3 years old his mother married James Duckett. When young James Hunter turned 12 years old he signed his own adoption papers and he became James Aren Duckett. He met Carla Roberts when she was 13 years old and he was 15. They married July 11, 1977 when he was almost 20 and Carla almost 18. They had two sons, Justin Samuel born November 13, 1982 and Joshua Ryan born May 15, 1985. To support his family, James enrolled at the police academy in Eustis, Florida. Mascotte Police Chief Mike Brady hired James Duckett before he graduated in November 1986.

While James was on duty as a Mascotte policeman, working the 7pm till 7am shift Monday May 11, 1987 (the day after Mother's Day) a little girl, named Teresa Mae Mcabee, was reported missing by her mother Dorothy Mcabee a little after 11pm. Teresa's body was found on the edge of Knight Lake just a few hundred yards from her home at 9am the next morning. At that time, James was off duty and called to the crime scene. When he shook hands with an investigating officer from the Lake County Sheriff's office, his fate was sealed. That handshake made James the prime suspect, regardless of any facts in the case. Like the Melinda Duckett case, this case was built upon picking a suspect, then building a case, even when the evidence proved otherwise.

Melinda Duckett did not know that James Duckett was Josh's father. When she met Josh he went by the name of Josh Boggs, his mother's second husband. When James' case came up for appeal in Lake County Florida in 2003, Josh told Melinda that his name was not Boggs but Joshua Duckett. Melinda became interested in James' case and wrote him letters. She also acquired a  book written by Jeanne Bragg called "The Truth Shall Set Him Free". Jeanne believed in James' innocence and spent over 10 years researching his case. Melinda also believed James innocent and told him she wanted to help him. She also wanted to reconcile Josh and James as Josh hadn't seen him since James was incarcerated. Melinda and Josh went to visit James in 2005 then Melinda went to see him in May 2006.  Unbeknown to Melinda, Josh Duckett visited James on August 12, 2006. He was  very angry when he found out that James was siding with Melinda regarding the threatening email and also sending child support for Trenton. That same night Melinda was frantically calling friends to get her hands on $5,000 cash because she needed to protect herself and Trenton from Josh.  She was scheduled to visit James again on Sunday August 27, 2006, but James cancelled the visit.That fateful day, Trenton Duckett was abducted.