Original subtitles

>> On this episode of "death row stories," in a tiny Florida

stories," in a tiny Florida town, an 11-year-old girl is

town, an 11-year-old girl is found raped and murdered.

Found raped and murdered. >> That little girl died in the

>> that little girl died in the dark, alone with a monster.

Dark, alone with a monster. >> And the investigation leads

>> and the investigation leads the police back to one of their

the police back to one of their own.

Own. >> Of course, we didn't want to

>> of course, we didn't want to believe a police officer would

believe a police officer would do this.

Do this. >> I had always wanted to get in

>> I had always wanted to get in law enforcement and here I am

law enforcement and here I am going to death row.

Going to death row. >> But a Miami detective becomes

>> but a Miami detective becomes convinced the ex-cop is

convinced the ex-cop is innocent.

Innocent. >> There was really no hard

>> there was really no hard evidence.

Evidence. >> We have an innocent guy here.

>> We have an innocent guy here. This is crazy.

This is crazy. >> And the case takes an

>> and the case takes an unexpected turn.

Unexpected turn. >> You never say it can't be.

>> You never say it can't be. Because often it is.

Because often it is. >> There's a body in the water.

>> There's a body in the water. >> He was butchered and

>> he was butchered and murdered.

Murdered. >> Many people proclaim their

>> many people proclaim their innocence.

Innocence. >> In this case there are a

>> in this case there are a number of things that stink.

Number of things that stink. >> This man is remorseless.

>> This man is remorseless. >> He needs to pay for it with

>> he needs to pay for it with his life.

His life. >> The electric chair flashed in

>> the electric chair flashed in front of my eyes.

Front of my eyes. >> Get a conviction at all

>> get a conviction at all costs.

Costs. Let the truth fall where it may.

>> I was the chief of police for the city of mascotte.

The city of mascotte. Mascotte, Florida, a small, poor

mascotte, Florida, a small, poor community, about 1,700

community, about 1,700 residents.

Residents. Maybe a quarter of them were

maybe a quarter of them were seasonal migrant workers.

Seasonal migrant workers. I was working the school that

I was working the school that morning.

Morning. Then I got contacted by a

then I got contacted by a resident.

Resident. He said I went down to the lake

he said I went down to the lake to go fishing and he said, i'm

to go fishing and he said, i'm not sure but I think there's a

not sure but I think there's a body in the water.

Body in the water. He said, a little girl.

He said, a little girl. The body was floating face down.

The body was floating face down. The feet were touching the

the feet were touching the shoreline and her arms were

shoreline and her arms were spread out.

Spread out. >> Police identified the victim

>> police identified the victim as 11-year-old Teresa mcabee.

As 11-year-old Teresa mcabee. She had last been seen the

she had last been seen the previous evening around 10:00

previous evening around 10:00 P.M. at a circle k convenience

P.M. at a circle k convenience store located just 400 feet from

store located just 400 feet from her home.

Her home. >> She told me she had to do her

>> she told me she had to do her math homework and she didn't

math homework and she didn't have a pencil.

Have a pencil. And I remember I kept telling

and I remember I kept telling her no.

Her no. Because I didn't want her to

because I didn't want her to leave the house.

Leave the house. And she said but mom, it won't

and she said but mom, it won't take but five minutes.

Take but five minutes. So I finally said yeah.

So I finally said yeah. And she left.

And she left. >> When I came back out of the

>> when I came back out of the store --

store -- >> one of the last people to see

>> one of the last people to see Teresa alive was local police

Teresa alive was local police officer James duckett.

Officer James duckett. >> I said listen, it's getting

>> I said listen, it's getting close to 10:30.

Close to 10:30. I said, I want you to go

I said, I want you to go straight home.

Straight home. >> Duckett reminded Teresa of

>> duckett reminded Teresa of the 10:30 P.M. curfew for

the 10:30 P.M. curfew for minors.

Minors. >> When she didn't come back, I

>> when she didn't come back, I walked to the store to make sure

walked to the store to make sure she was still there, and she

she was still there, and she wasn't.

Wasn't. >> She got out of the store.

>> She got out of the store. Walked down in front of the ice

walked down in front of the ice machines again and turned the

machines again and turned the corner.

Corner. I assumed headed home.

I assumed headed home. >> I kept -- just walked places.

>> I kept -- just walked places. I couldn't find her.

I couldn't find her. >> When Teresa's body was

>> when Teresa's body was discovered the following

discovered the following morning, the tiny mascotte

morning, the tiny mascotte police department turned to the

police department turned to the county sheriff's office for

county sheriff's office for help.

Help. Investigator rocky Harris

investigator rocky Harris responded to the call.

Responded to the call. >> I got there.

>> I got there. The child was dead in the water.

The child was dead in the water. I swam out and got her and

I swam out and got her and brought her in.

Brought her in. How do you describe a child?

How do you describe a child? I mean, it was --

I mean, it was -- it was a little tough.

It was a little tough. >> Investigators summoned the

>> investigators summoned the rookie officer duckett to the

rookie officer duckett to the crime scene to get more details

crime scene to get more details about duckett's encounter with

about duckett's encounter with the victim the night before.

The victim the night before. >> At the crime scene, there

>> at the crime scene, there were some tire tracks.

Were some tire tracks. It had rained a little bit in

it had rained a little bit in that area so the tracks were

that area so the tracks were real good.

Real good. And then later on officer

and then later on officer duckett arrived.

Duckett arrived. We looked over at duckett's

we looked over at duckett's patrol car.

Patrol car. The tires matched.

The tires matched. At that point, we had his car

at that point, we had his car impounded and we found the

impounded and we found the child's fingerprints all over

child's fingerprints all over the car, the hood of the car.

The car, the hood of the car. Of course we didn't want to

of course we didn't want to believe a police officer would

believe a police officer would do this.

Do this. >> Teresa mcabee's autopsy

>> Teresa mcabee's autopsy revealed that she had been

revealed that she had been sexually assaulted and strangled

sexually assaulted and strangled to death.

To death. A pubic hair was also found in

a pubic hair was also found in her underwear.

Her underwear. >> We got a court order and took

>> we got a court order and took samples from duckett.

Samples from duckett. That's when it came back

that's when it came back positive identification.

Positive identification. >> A policeman who may have been

>> a policeman who may have been the last person to see

the last person to see 11-year-old Teresa mcabee alive

11-year-old Teresa mcabee alive is under investigation himself

is under investigation himself tonight.

Tonight. >> I just couldn't believe it.

>> I just couldn't believe it. He was supposed to serve and

he was supposed to serve and protect the community.

Protect the community. She probably thought, well, he's

she probably thought, well, he's a police officer.

A police officer. He'll take me home.

He'll take me home. But that never happened.

But that never happened. >> Residents are outraged.

>> Residents are outraged. >> You teach your children to go

>> you teach your children to go to a police officer if they are

to a police officer if they are in trouble or need help.

In trouble or need help. >> Despite the community uproar,

>> despite the community uproar, police chief Mike Brady who had

police chief Mike Brady who had hired and mentored duckett held

hired and mentored duckett held fast in his belief that

fast in his belief that investigators were focusing on

investigators were focusing on the wrong man.

The wrong man. >> My confidence in him hadn't

>> my confidence in him hadn't been shaken.

Been shaken. I was of the opinion that the

I was of the opinion that the truth is going to come out.

Truth is going to come out. He is going to be exonerated as

he is going to be exonerated as a suspect.

A suspect. We're going to get to business

we're going to get to business and find out who murdered this

and find out who murdered this child.

Child. >> Last time I seen her she

>> last time I seen her she turned the corner and was headed

turned the corner and was headed home.

Home. >> Do you want to know

>> do you want to know something?

Something? >> Yes, sir.

>> Yes, sir. >> You're not telling me the

>> you're not telling me the truth.

Truth. >> Yes, sir.

>> Yes, sir. >> The no, you're not, James.

>> The no, you're not, James. >> James duckett was arrested

>> James duckett was arrested and charged with first-degree

and charged with first-degree murder.

Murder. Duckett's trial began on April

duckett's trial began on April 25th, 1988.

25th, 1988. Assistant state attorney Steve

assistant state attorney Steve hurm prosecuted the case and

hurm prosecuted the case and sought the death penalty.

Sought the death penalty. >> That little girl died in the

>> that little girl died in the most traumatic, terrifying way,

most traumatic, terrifying way, in the dark, alone with a

in the dark, alone with a monster.

Monster. >> Hurm called an eyewitness,

>> hurm called an eyewitness, 17-year-old Gwen gurley to the

17-year-old Gwen gurley to the stand.

Stand. Gurley testified that she saw

gurley testified that she saw Teresa talking to duckett on the

Teresa talking to duckett on the night of the murder.

Night of the murder. Moments later she saw duckett

moments later she saw duckett leave the scene with a small

leave the scene with a small person in his police car.

Person in his police car. >> Were you able to see the car?

>> Were you able to see the car? At that time as it turned the

at that time as it turned the corner?

Corner? >> Yes.

>> Yes. >> Were you able to see inside

>> were you able to see inside the car?

The car? >> Yes.

>> Yes. >> How many people did you see?

>> How many people did you see? >> Two.

>> Two. >> Prosecutors also called three

>> prosecutors also called three women who each testified that

women who each testified that officer duckett had made sexual

officer duckett had made sexual advances while he was on duty.

Advances while he was on duty. >> They were all accosted by

>> they were all accosted by duckett when he was on duty in

duckett when he was on duty in uniform in his patrol car on the

uniform in his patrol car on the midnight shift and taken by him

midnight shift and taken by him to wooded areas.

To wooded areas. >> It took the jury less than 90

>> it took the jury less than 90 minutes to find James duckett

minutes to find James duckett guilty of capital sexual battery

guilty of capital sexual battery and murder in the first degree.

And murder in the first degree. On June 30th, 1988, James

on June 30th, 1988, James duckett was sentenced to death.

Duckett was sentenced to death. >> When they sentenced him, it

>> when they sentenced him, it was probably one of the best

was probably one of the best days of my life.

Days of my life. Because I took a bad cop out who

because I took a bad cop out who killed a child.

Killed a child. >> 14 years after duckett's

>> 14 years after duckett's conviction, a retired Miami

conviction, a retired Miami police homicide detective named

police homicide detective named Marshall frank began doing an

Marshall frank began doing an research for a crime novel he

research for a crime novel he wanted to write.

Wanted to write. >> When I retired, I moved to a

>> when I retired, I moved to a little town in north Carolina

little town in north Carolina called Maggie valley and it's in

called Maggie valley and it's in the mountains.

The mountains. It's beautiful.

It's beautiful. I had an idea for a novel in

I had an idea for a novel in which the protagonist ends up on

which the protagonist ends up on death row.

Death row. So being an investigator, I

so being an investigator, I wanted to talk to a death row

wanted to talk to a death row inmate.

Inmate. I got 15 names.

I got 15 names. I wrote each of them a letter.

I wrote each of them a letter. Eight of them wanted to tell me

eight of them wanted to tell me how they weren't guilty.

How they weren't guilty. One of the responses was from

one of the responses was from James duckett.

James duckett. And he seemed logical.

And he seemed logical. He seemed articulate.

He seemed articulate. Contrary to what I promised

contrary to what I promised myself I wouldn't do, I said i'm

myself I wouldn't do, I said i'm going to look more into this.

Going to look more into this. I'm not a bleeding heart.

I'm not a bleeding heart. I don't fall for people saying

I don't fall for people saying they're not guilty because I

they're not guilty because I heard it all my career.

Heard it all my career. I put a lot of people in jail

I put a lot of people in jail for murder.

For murder. I don't think I was ever wrong.

I don't think I was ever wrong. So I pull out all the files.

So I pull out all the files. I read every report.

I read every report. When I started assembling all

when I started assembling all the evidence, it is like a

the evidence, it is like a mosaic.

Mosaic. You get a little piece of this

you get a little piece of this tile, a little piece of that

tile, a little piece of that tile, a little piece of that

tile, a little piece of that tile, you put it all together

tile, you put it all together and you get a picture.

And you get a picture. And the picture was innocent.

>>> Former police officer James duckett was on death row for the

duckett was on death row for the murder of 11-year-old Teresa

murder of 11-year-old Teresa mcabee when retired Miami

mcabee when retired Miami homicide detective Marshall

homicide detective Marshall frank began corresponding with

frank began corresponding with him.

Him. >> I just wanted to see if this

>> I just wanted to see if this needed to be investigated

needed to be investigated further.

Further. If there is an innocent man on

if there is an innocent man on death row.

Death row. I have no problem with punishing

I have no problem with punishing people for doing a terrible

people for doing a terrible crime.

Crime. I put many away by myself.

I put many away by myself. But this guy may have been

but this guy may have been railroaded.

Railroaded. Watch out for the stuff you

watch out for the stuff you don't trip.

Don't trip. Have a seat right here.

Have a seat right here. Don't stand up till we tell you

don't stand up till we tell you to, all right.

To, all right. >> Yeah, yeah, I got you.

>> Yeah, yeah, I got you. >> I'm James aren duckett and we

>> I'm James aren duckett and we are currently at Florida state

are currently at Florida state prison in stark.

Prison in stark. I'm sentenced to death so I am

I'm sentenced to death so I am currently on death row.

Currently on death row. I've been here since June 30th,

I've been here since June 30th, 1988.

1988. >> I wrote duckett a letter.

>> I wrote duckett a letter. Tell me more about this

tell me more about this situation.

Situation. Well, I got a big letter back.

Well, I got a big letter back. >> He reached out to me.

>> He reached out to me. He said I'm a retired detective

he said I'm a retired detective from the Miami police

from the Miami police department.

Department. He said I want to help you out.

He said I want to help you out. I want to see what your case is.

I want to see what your case is. I told him, I walked in this

I told him, I walked in this building scared to death as a

building scared to death as a young man.

Young man. Never been inside a prison.

Never been inside a prison. Never been in any trouble

never been in any trouble before.

Before. And here I am going to death

and here I am going to death row.

Row. I had a career going.

I had a career going. I had a beautiful wife, I had

I had a beautiful wife, I had two young sons, I had a future

two young sons, I had a future that I was moving towards and

that I was moving towards and all of that was taken for no

all of that was taken for no reason except to satisfy

reason except to satisfy somebody's idea that I was the

somebody's idea that I was the one that did this.

One that did this. >> Frank decided to put the

>> frank decided to put the novel he was writing on hold and

novel he was writing on hold and get more involved in duckett's

get more involved in duckett's case.

Case. >> So I go to Florida and I

>> so I go to Florida and I pored over the reports and I

pored over the reports and I began to see flaws.

Began to see flaws. This young woman, her name was

this young woman, her name was Gwen, she said she saw the child

Gwen, she said she saw the child get into the police car.

Get into the police car. >> Marshall discovered there was

>> Marshall discovered there was more to Gwen gurley, the only

more to Gwen gurley, the only eyewitness, than jurors had been

eyewitness, than jurors had been led to believe.

Led to believe. >> I just wanted to know more

>> I just wanted to know more about how that would come about,

about how that would come about, that she would testify against

that she would testify against ducket.

Ducket. >> Gwen gurley was always

>> Gwen gurley was always getting involved in thefts and

getting involved in thefts and involved in disturbances and all

involved in disturbances and all of a sudden she becomes a star

of a sudden she becomes a star witness with the worst

witness with the worst credibility you could ever have.

Credibility you could ever have. >> In '87, I was 16, I was a

>> in '87, I was 16, I was a typical teenager, I would say,

typical teenager, I would say, except I was getting in a little

except I was getting in a little trouble.

Trouble. >> Gwen gurley was in the

>> Gwen gurley was in the leesburg city jail.

Leesburg city jail. >> Three counts of grand theft.

>> Three counts of grand theft. >> And the news report of

>> and the news report of ducket's indictment came on the

ducket's indictment came on the news.

News. >> James duckett in connection

>> James duckett in connection with the killing --

with the killing -- >> and she saw that.

>> And she saw that. She called a female corrections

she called a female corrections officer over.

Officer over. And told her, I was there.

And told her, I was there. I know something about that

I know something about that case.

Case. >> The sheriff's department of

>> the sheriff's department of lake county come talk to me.

Lake county come talk to me. >>> The inference was, we can

>>> the inference was, we can give you a break if you saw

give you a break if you saw something that we should know

something that we should know about.

About. Hint, hint.

Hint, hint. >> Gwen testified against

>> Gwen testified against duckett and was let out of jail

duckett and was let out of jail having served less than six

having served less than six months of a two-year sentence.

Months of a two-year sentence. But a year after James duckett

but a year after James duckett was sentenced to death, gurley

was sentenced to death, gurley recanted her original testimony

recanted her original testimony and said she never actually saw

and said she never actually saw duckett with Teresa mcan be.

Duckett with Teresa mcan be. In a sworn affidavit, she

in a sworn affidavit, she claimed she had been induced

claimed she had been induced into it by investigator rocky

into it by investigator rocky Harris.

Harris. >> Rocky Harris took me in and

>> rocky Harris took me in and out of the jail.

Out of the jail. They asked a lot of questions, a

they asked a lot of questions, a lot of questions.

Lot of questions. >> The best I recall, I never

>> the best I recall, I never offered her any deal whatsoever.

Offered her any deal whatsoever. >> After learning that Gwen

>> after learning that Gwen gurley had recanted her

gurley had recanted her testimony, Marshall frank also

testimony, Marshall frank also discovered that duckett had an

discovered that duckett had an alibi for the time of Teresa's

alibi for the time of Teresa's murder, an alibi that the jury

murder, an alibi that the jury never heard.

Never heard. >> He told me he could not have

>> he told me he could not have been there at the murder because

been there at the murder because he got a call from the jiffy

he got a call from the jiffy stop, another convenience store

stop, another convenience store in a different part of town.

In a different part of town. So he went over there around the

so he went over there around the time the little girl was being

time the little girl was being murdered.

Murdered. He jotted everything down in his

he jotted everything down in his little spiral log book.

Little spiral log book. Time, activity, traffic stop.

Time, activity, traffic stop. >> The notebook has her

>> the notebook has her information in it

information in it that I wrote down that night.

That I wrote down that night. >> I said did that log sheet get

>> I said did that log sheet get introduced into trial?

Introduced into trial? He said no.

He said no. He said, I don't know what

he said, I don't know what happened to it.

Happened to it. It was confiscated from him by

it was confiscated from him by the police.

The police. >> When they took the notebook

>> when they took the notebook when they impounded the patrol

when they impounded the patrol car.

Car. The notebook's got Teresa's

the notebook's got Teresa's information that I wrote down at

information that I wrote down at 10:30 that night and then at

10:30 that night and then at 11:00, I was at the jiffy store.

11:00, I was at the jiffy store. How can you be assaulting Teresa

how can you be assaulting Teresa and be on a well-being check at

and be on a well-being check at the same time?

The same time? They could have went and spoke

they could have went and spoke to the clerk and confirmed that.

To the clerk and confirmed that. >> This alibi would be very

>> this alibi would be very good.

Good. There was no reason for his

there was no reason for his attorney not to produce this in

attorney not to produce this in court as a defense.

Court as a defense. >> But if duckett was innocent,

>> but if duckett was innocent, how could frank explain the

how could frank explain the pubic hair found in Teresa

pubic hair found in Teresa mcabee's underwear?

Mcabee's underwear? Pubic hair that an FBI forensic

pubic hair that an FBI forensic analyst said matched James

analyst said matched James duckett's.

Duckett's. >> Mike Malone was a long-time

>> Mike Malone was a long-time FBI expert and Malone took a

FBI expert and Malone took a look at it and he said it was

look at it and he said it was indistinguishable from duckett's

indistinguishable from duckett's hair.

Hair. >> Marshall frank wasn't so

>> Marshall frank wasn't so sure.

Sure. What he soon learned about FBI

what he soon learned about FBI expert make Malone would further

expert make Malone would further convince him that duckett was

convince him that duckett was innocent.

Innocent. >> Overall, it stunk to high

>> overall, it stunk to high heaven.

Heaven. The whole thing stunk.

>>> Retired homicide detective Marshall frank was

detective Marshall frank was investigating James duckett's

investigating James duckett's case on death row.

Case on death row. At the same time, Beth Wells, an

at the same time, Beth Wells, an appeals attorney from Atlanta,

appeals attorney from Atlanta, was also fighting to prove

was also fighting to prove duckett's innocence.

Duckett's innocence. >> I represent Jim duckett.

>> I represent Jim duckett. I have been representing him

I have been representing him since 1990.

Since 1990. When I started, it was a bloody

when I started, it was a bloody time period in Florida.

Time period in Florida. There were seven execution

there were seven execution warrants the day I was hired.

Warrants the day I was hired. We had seven active warrants.

We had seven active warrants. That means seven men were going

that means seven men were going to be executed and Jim was one

to be executed and Jim was one of my very first clients.

Of my very first clients. >> If there ever is a god-sent

>> if there ever is a god-sent person, I believe Beth is mine.

Person, I believe Beth is mine. She's never gave up on me.

She's never gave up on me. >> I started investigating his

>> I started investigating his case.

Case. And every time I would look into

and every time I would look into something, I would discover,

something, I would discover, well, hang on.

Well, hang on. That's not as they said it was

that's not as they said it was at trial.

At trial. That doesn't flesh out.

That doesn't flesh out. Then you realize, wait, we have

then you realize, wait, we have an innocent guy here.

An innocent guy here. >> The prosecution's key

>> the prosecution's key evidence against James duckett

evidence against James duckett was pubic hair that had been

was pubic hair that had been found in Teresa mcabee's

found in Teresa mcabee's underwear.

Underwear. But neither Beth Wells nor

but neither Beth Wells nor Marshall frank were buying it.

Marshall frank were buying it. >> Duckett was accused of

>> duckett was accused of sexually assaulting her.

Sexually assaulting her. One of the things that troubled

one of the things that troubled me a lot is that the prosecution

me a lot is that the prosecution was saying that the pubic hair

was saying that the pubic hair inside her panties was from the

inside her panties was from the killer, but it wasn't uncommon

killer, but it wasn't uncommon for Teresa to put her mommy's

for Teresa to put her mommy's panties on.

Panties on. So maybe that pubic hair was

so maybe that pubic hair was already there in those panties.

Already there in those panties. >> Records also showed that the

>> records also showed that the prosecution took unusual steps

prosecution took unusual steps to connect the pubic hair to

to connect the pubic hair to duckett.

Duckett. >> The sheriff's department had

>> the sheriff's department had been with the hair analysis

been with the hair analysis shopping it around.

Shopping it around. Fdle, the Florida department of

fdle, the Florida department of law enforcement had told them,

law enforcement had told them, nope.

Nope. Ain't nothing there.

Ain't nothing there. >> Fdle said that that hair was

>> fdle said that that hair was probably not mine.

Probably not mine. 28 out of 30 characteristics

28 out of 30 characteristics didn't match the hair.

Didn't match the hair. >> Nope, ain't nothing there.

>> Nope, ain't nothing there. >> They said we can't do it

>> they said we can't do it because there is no root.

Because there is no root. The state of DNA testing at the

the state of DNA testing at the type is we can't do anything

type is we can't do anything with it.

With it. >> So we went to the FBI because

>> so we went to the FBI because they're the Mac daddy of labs.

They're the Mac daddy of labs. And we asked them to take a look

and we asked them to take a look at it.

At it. >> Mike Malone is the FBI

>> Mike Malone is the FBI expert.

Expert. He tested it and he comes up and

he tested it and he comes up and says yeah, this is Jim

says yeah, this is Jim duckett's hair, microscopically

duckett's hair, microscopically consistent.

Consistent. So you have the preeminent

so you have the preeminent investigative agency in the

investigative agency in the country saying it's Jim

country saying it's Jim duckett's hair.

Duckett's hair. That's powerful evidence to a

that's powerful evidence to a jury.

Jury. There is no question they're

there is no question they're going to believe that.

Going to believe that. >> With advance DNA science not

>> with advance DNA science not yet available at the time of the

yet available at the time of the trial, the prosecution relied on

trial, the prosecution relied on inexact hair testing methods

inexact hair testing methods yielding results that would not

yielding results that would not be accepted in a court of law

be accepted in a court of law today.

Today. >> I consulted a couple of

>> I consulted a couple of forensic experts myself who you

forensic experts myself who you knew and there was no way

knew and there was no way anybody, FBI, no matter where

anybody, FBI, no matter where they're from, could say that

they're from, could say that that pubic hair belonged to

that pubic hair belonged to James duckett.

James duckett. There's no way they could say

there's no way they could say that.

That. >> As it turned out, the FBI's

>> as it turned out, the FBI's hair and fiber analyst, Mike

hair and fiber analyst, Mike Malone had a long history of

Malone had a long history of controversial findings.

Controversial findings. >> Over the years Mike Malone in

>> over the years Mike Malone in many cases has given evidence

many cases has given evidence that through DNA testing we've

that through DNA testing we've discovered is just simply

discovered is just simply incorrect.

Incorrect. Recently, the FBI hired an

recently, the FBI hired an independent expert to re-examine

independent expert to re-examine Mike Malone's testimony in all

Mike Malone's testimony in all these cases because they're

these cases because they're concerned that he's

concerned that he's exaggerating.

Exaggerating. >> For the state to even use the

>> for the state to even use the guy was, like, shame on them.

Guy was, like, shame on them. Shame on them.

Shame on them. A jury should have known that

a jury should have known that that hair could not be

that hair could not be identified to anybody.

Identified to anybody. >> But duckett's defense

>> but duckett's defense attorney Jack Edmond had not

attorney Jack Edmond had not questioned the pubic hair

questioned the pubic hair results at trial.

Results at trial. He also neglected to gather

he also neglected to gather evidence of duckett's alibi and

evidence of duckett's alibi and to depose some key witnesses.

To depose some key witnesses. >> Jack assured me that he would

>> Jack assured me that he would handle this.

Handle this. Don't worry about it.

Don't worry about it. Consider it a short vacation.

Consider it a short vacation. He said we'll get this

he said we'll get this straightened out.

Straightened out. >> I kept telling Jack, I think

>> I kept telling Jack, I think you're overconfident and taking

you're overconfident and taking too much for granted.

Too much for granted. You think they don't have that

you think they don't have that strong of a case.

Strong of a case. But you're not trying to

but you're not trying to convince me.

Convince me. You're trying to convince 12

you're trying to convince 12 other people.

Other people. >> In order to retain Jack

>> in order to retain Jack Edmond, James duckett's family

Edmond, James duckett's family had taken out a mortgage on a

had taken out a mortgage on a their home putting their hopes

their home putting their hopes in one of the most renowned

in one of the most renowned defense attorneys in Florida.

Defense attorneys in Florida. >> Everything I could find, this

>> everything I could find, this attorney did a horrendous job in

attorney did a horrendous job in defending James duckett.

Defending James duckett. Defense attorney 101.

Defense attorney 101. You take depositions from the

you take depositions from the state's witnesses.

State's witnesses. The key witnesses anyway.

The key witnesses anyway. This was never done.

This was never done. >> In 1997, Beth Wells appealed

>> in 1997, Beth Wells appealed duckett's case to the lake

duckett's case to the lake county circuit court in Florida.

County circuit court in Florida. Hoping to get a new trial for

hoping to get a new trial for duckett, Wells called Jack

duckett, Wells called Jack Edmond to the stand to account

Edmond to the stand to account for his poor performance.

For his poor performance. Edmond told the court, I blew

Edmond told the court, I blew it.

It. >> I trusted Jack Edmond.

>> I trusted Jack Edmond. I trusted that 25 years of

I trusted that 25 years of experience as a criminal

experience as a criminal attorney, that he would correct

attorney, that he would correct this, and I was wrong.

This, and I was wrong. >> Beth Wells also offered

>> Beth Wells also offered alternate suspects for the crime

alternate suspects for the crime starting with ex-cons and

starting with ex-cons and migrant workers who stayed at

migrant workers who stayed at the mcabee home.

The mcabee home. >> Teresa's uncle testified that

>> Teresa's uncle testified that she had complained to him that

she had complained to him that there was one man in particular

there was one man in particular who stayed over there with her

who stayed over there with her mother who would try to pull her

mother who would try to pull her down on the couch and touch her

down on the couch and touch her inappropriately.

Inappropriately. And for that reason she had

and for that reason she had asked to stay at the uncle's

asked to stay at the uncle's house.

House. He's never been examined by the

he's never been examined by the police.

Police. They didn't take hair follicles

they didn't take hair follicles from him.

From him. He left town soon after.

He left town soon after. We don't know where he is.

We don't know where he is. We don't have a full name for

we don't have a full name for him.

Him. >> There was always a lot of

>> there was always a lot of people around that home that

people around that home that didn't live there, like a little

didn't live there, like a little gathering.

Gathering. It was always more guys than

it was always more guys than girls.

Girls. There was a lot of the stuff to

there was a lot of the stuff to raise suspicion about, you know,

raise suspicion about, you know, you have an 11-year-old female

you have an 11-year-old female child in the house.

Child in the house. >> I think the person who was

>> I think the person who was harassing Teresa at home killed

harassing Teresa at home killed her, dressed her, and took her

her, dressed her, and took her and dumped her in the lake.

And dumped her in the lake. >> Once they honed in on James

>> once they honed in on James duckett which was very early in

duckett which was very early in the case, they stopped looking

the case, they stopped looking at other people and that's not

at other people and that's not good police work.

Good police work. >> Wells also called gurlly to

>> Wells also called gurlly to testify.

Testify. The only eyewitness who placed

the only eyewitness who placed Teresa in duckett's patrol car

Teresa in duckett's patrol car had recanted her original

had recanted her original testimony.

Testimony. >> If they used Gwen gurley as a

>> if they used Gwen gurley as a key witness to put me here and

key witness to put me here and if she's no longer telling their

if she's no longer telling their lies, that should count for

lies, that should count for something.

Something. >> I can remember when we talked

>> I can remember when we talked to Gwen.

To Gwen. Well, this is great stuff.

Well, this is great stuff. She's recanted.

She's recanted. She's the only person that saw

she's the only person that saw the victim in the car.

The victim in the car. So we think, this is going to

so we think, this is going to get US a new trial.

>>> Nine years after James duckett had been sentenced to

duckett had been sentenced to death, the key witness in his

death, the key witness in his prosecution, Gwen gurley was

prosecution, Gwen gurley was prepared to testify that she had

prepared to testify that she had lied at his original trial.

Lied at his original trial. But the presiding judge put a

but the presiding judge put a stop to Gwen's admission,

stop to Gwen's admission, warning her of perjury charges

warning her of perjury charges if she changed her testimony.

If she changed her testimony. >> Judge lockett told me if I

>> judge lockett told me if I perjured myself that I could be

perjured myself that I could be sentenced to the maximum of I

sentenced to the maximum of I think it was seven years for

think it was seven years for each perjury.

Each perjury. So I pled the fifth.

So I pled the fifth. >> We asked the judge to Grant

>> we asked the judge to Grant immunity and he just didn't do

immunity and he just didn't do it.

It. >> How can you kill somebody,

>> how can you kill somebody, how can you execute somebody and

how can you execute somebody and you've got a state's key witness

you've got a state's key witness that wants to tell the truth,

that wants to tell the truth, and yet, because it's not what

and yet, because it's not what the state wants, they're going

the state wants, they're going to threaten her with perjury and

to threaten her with perjury and send her back to prison?

Send her back to prison? What kind of system is that?

What kind of system is that? >> While duckett's appeal was

>> while duckett's appeal was severely weakened without

severely weakened without gurley's recanted testimony,

gurley's recanted testimony, Beth Wells was still able to

Beth Wells was still able to attack the prosecution's case

attack the prosecution's case starting with the tire tracks

starting with the tire tracks found near Teresa's body.

Found near Teresa's body. >> That little dirt road still

>> that little dirt road still had the tire tracks on it.

Had the tire tracks on it. Which was a pretty good catch by

which was a pretty good catch by the detective.

The detective. So they did the right thing and

so they did the right thing and they preserved the tracks.

They preserved the tracks. They did a mold of it and

they did a mold of it and everything else.

Everything else. And sure enough those tracks had

and sure enough those tracks had the same tire pattern, tread

the same tire pattern, tread pattern that the police cars

pattern that the police cars had.

Had. But just because someone had a

but just because someone had a tire tread of the same basic

tire tread of the same basic pattern doesn't mean it was that

pattern doesn't mean it was that car.

Car. >> Duckett's former boss, police

>> duckett's former boss, police chief Michael Brady, was also

chief Michael Brady, was also suspicious of the tire track

suspicious of the tire track evidence.

Evidence. Soon after lake county

soon after lake county investigators left the crime

investigators left the crime scene he made a discovery that

scene he made a discovery that convinced him the evidence was

convinced him the evidence was flawed.

Flawed. >> We went out and could find no

>> we went out and could find no evidence that the investigators

evidence that the investigators had lifted any kind of tire

had lifted any kind of tire imprint from the surrounding

imprint from the surrounding crime scene area.

Crime scene area. And we walked back to the car.

And we walked back to the car. We walked back to the car.

We walked back to the car. That's when Smith said, wait a

that's when Smith said, wait a minute, here's something over

minute, here's something over here.

Here. And we found residue from a

and we found residue from a plaster of Paris and I realized

plaster of Paris and I realized the investigators lifted that

the investigators lifted that tire imprint from outside the

tire imprint from outside the roped-off crime scene and where

roped-off crime scene and where we had been driving the car all

we had been driving the car all day long.

Day long. And nobody is ever going on

and nobody is ever going on convince me of anything

convince me of anything different.

Different. >> Investigators also conducted

>> investigators also conducted soil comparison tests between

soil comparison tests between duckett's patrol car and samples

duckett's patrol car and samples from the crime scene.

From the crime scene. >> They did soil tests.

>> They did soil tests. No matches.

No matches. There's not one bit of soil

there's not one bit of soil that's consistent with coming

that's consistent with coming from the crime scene and it

from the crime scene and it being on the police car.

Being on the police car. >> But after presenting the tire

>> but after presenting the tire track evidence at the appeal,

track evidence at the appeal, Beth would still have to contend

Beth would still have to contend with the fingerprints on

with the fingerprints on duckett's police car.

Duckett's police car. >> When we had his car

>> when we had his car impounded, the first thing that

impounded, the first thing that came back was the child's

came back was the child's fingerprints on the hood of the

fingerprints on the hood of the car.

Car. That in itself told the tale.

That in itself told the tale. You see how her little hands

you see how her little hands kept getting further and further

kept getting further and further back and his are right there

back and his are right there between them.

Between them. >> Your vehicle was processed.

>> Your vehicle was processed. Do you know whose fingerprints

do you know whose fingerprints are on there?

Are on there? >> No, sir.

>> No, sir. >> Teresa was sitting on the

>> Teresa was sitting on the hood of your car.

Hood of your car. >> No, sir, she had not been on

>> no, sir, she had not been on the hood of my car.

The hood of my car. Nobody was sitting down at any

nobody was sitting down at any time on the hood of my car.

Time on the hood of my car. >> Are you telling US that's not

>> are you telling US that's not her fingerprints?

Her fingerprints? >> Like I said, she was not on

>> like I said, she was not on sitting on my vehicle.

Sitting on my vehicle. >> These are all identified as

>> these are all identified as >> these are all identified as

>> these are all identified as Teresa mcabee.

Teresa mcabee. Here, here, keeps moving up.

Here, here, keeps moving up. And finally there's one

and finally there's one fingerprint sideways in this

fingerprint sideways in this position here.

Position here. >> Mike Brady had a separate

>> Mike Brady had a separate notion of what happened that

notion of what happened that night.

Night. >> We later developed a theory

>> we later developed a theory that she could have jumped up on

that she could have jumped up on the car which would have been

the car which would have been hot from the engine already

hot from the engine already having run for several hours.

Having run for several hours. So she might have jumped back

so she might have jumped back off of it.

Off of it. And that would leave her

and that would leave her fingerprints there.

Fingerprints there. His could have been on there

his could have been on there from using it as a desk.

From using it as a desk. They had our theory.

They had our theory. We had our theories.

We had our theories. >> The girl is sitting on your

>> the girl is sitting on your vehicle in a laid back position.

Vehicle in a laid back position. >> I'm telling you the honest to

>> I'm telling you the honest to god truth, I did not do anything

god truth, I did not do anything to that girl.

To that girl. >> I'll be honest with you.

>> I'll be honest with you. Had James duckett said yeah, she

had James duckett said yeah, she sat on the hood of my car.

Sat on the hood of my car. You know, that's why the

you know, that's why the fingerprints are there.

Fingerprints are there. And if he had said, when he was

and if he had said, when he was looking for her, I drove down

looking for her, I drove down past that pump house and went

past that pump house and went through there after the rain.

Through there after the rain. That would have explained away

that would have explained away the tire tracks.

The tire tracks. And we might never have focused

and we might never have focused in on him as a suspect.

In on him as a suspect. >> After Beth Wells finished

>> after Beth Wells finished making her case for a new trial,

making her case for a new trial, judge lockett denied the appeal.

Judge lockett denied the appeal. In 2003, Marshall frank was

in 2003, Marshall frank was ready to go to bat for James

ready to go to bat for James duckett and called Beth Wells to

duckett and called Beth Wells to offer his help.

Offer his help. >> Beth was a little dubious

>> Beth was a little dubious about me.

About me. She was dubious about anybody

she was dubious about anybody who would be on the law

who would be on the law enforcement side.

Enforcement side. Didn't know for sure that I was

didn't know for sure that I was really sincere in my probe.

Really sincere in my probe. >> Marshall frank contacts Jim

>> Marshall frank contacts Jim and I remember initially, I was

and I remember initially, I was like whoa, whoa, whoa, I know

like whoa, whoa, whoa, I know nothing about this guy.

Nothing about this guy. I have no reason to trust him.

I have no reason to trust him. I don't know where he's coming

I don't know where he's coming from.

From. But from Jim's point of view,

but from Jim's point of view, maybe this will be the person

maybe this will be the person who is able to get somebody to

who is able to get somebody to listen.

Listen. >> With the case at a dead end

>> with the case at a dead end and duckett headed toward

and duckett headed toward execution, Marshall frank had an

execution, Marshall frank had an idea.

Idea. >> He said I've got a friend

>> he said I've got a friend that used to work for the "Miami

that used to work for the "Miami herald."

Herald." and I had read edna Buchanan's

and I had read edna Buchanan's stories before over the years.

Stories before over the years. And so I knew who the name was.

And so I knew who the name was. And so I felt excited.

And so I felt excited. >> Edna Buchanan was a pulitzer

>> edna Buchanan was a pulitzer prize winning crime reporter for

prize winning crime reporter for the "Miami herald."

The "Miami herald." >> Edna was an outstanding

>> edna was an outstanding reporter, one of the best I've

reporter, one of the best I've ever known.

Ever known. I wanted to tell her what the

I wanted to tell her what the story was for James duckett.

Story was for James duckett. >> Marshall frank kept calling

>> Marshall frank kept calling me.

Me. I had known him.

I had known him. He had been a source of mine

he had been a source of mine over the years and he said he

over the years and he said he found this case where he is

found this case where he is convinced the man on death row

convinced the man on death row was innocent.

Was innocent. I was dubious because if the

I was dubious because if the wrong person is convicted it is

wrong person is convicted it is usually someone who is poor,

usually someone who is poor, minorities, not a white cop.

Minorities, not a white cop. And I kept saying, well, how

and I kept saying, well, how sure are you?

Sure are you? And he was saying, 115% sure

and he was saying, 115% sure this guy is innocent.

This guy is innocent. So it didn't seem likely but so

so it didn't seem likely but so many cases in Miami and in south

many cases in Miami and in south Florida and the whole state, you

Florida and the whole state, you know, sometimes it is like the

know, sometimes it is like the twilight zone.

Twilight zone. And rod serling is the governor.

And rod serling is the governor. You never just say, it can't be

you never just say, it can't be because often it is.

Because often it is. >> With frank's help in 2003,

>> with frank's help in 2003, edna Buchanan wrote three front

edna Buchanan wrote three front page stories for the "Miami

page stories for the "Miami herald" about duckett's possible

herald" about duckett's possible innocence.

Innocence. >> She started writing the

>> she started writing the stories and I started getting

stories and I started getting all these media requests.

All these media requests. I mean, from tvs and newspapers

I mean, from tvs and newspapers and "48 hours" and "primetime

and "48 hours" and "primetime live."

Live." I mean, they were just flooding

I mean, they were just flooding in my cell.

In my cell. >> As publicity grew around

>> as publicity grew around duckett's case, Marshall frank

duckett's case, Marshall frank was finally able to convince

was finally able to convince Beth Wells to show him a key

Beth Wells to show him a key piece of evidence.

Piece of evidence. >> I wanted to see a copy of the

>> I wanted to see a copy of the notepad that duckett told me

notepad that duckett told me about.

About. >> According to the defense,

>> according to the defense, duckett's police notebook from

duckett's police notebook from the night of the murder

the night of the murder contained his alibi.

Contained his alibi. >> The notebook should have been

>> the notebook should have been in the trial record.

In the trial record. And it is not.

And it is not. The jury never sees it.

The jury never sees it. And when you see it, when you

and when you see it, when you look at it, you go, there's

look at it, you go, there's evidence right here.

Evidence right here. >> Beth faxed me copies of those

>> Beth faxed me copies of those pages.

Pages. I looked at them.

I looked at them. And that began to give me some

and that began to give me some doubts.

Doubts. I could be wrong all along.

>>> Marshall frank was working to prove James duckett's

to prove James duckett's innocence.

Innocence. But once he gained access to

but once he gained access to duckett's police notebook from

duckett's police notebook from the night of the crime, one

the night of the crime, one particular entry aroused frank's

particular entry aroused frank's suspicion.

Suspicion. >> There were certain notation

>> there were certain notation in his log at certain times.

In his log at certain times. Traffic stops and all the little

traffic stops and all the little things that he did.

Things that he did. Everything was in normal order.

Everything was in normal order. But the jiffy stop check that he

but the jiffy stop check that he talked about wasn't in the same

talked about wasn't in the same order as all the other loggings.

Order as all the other loggings. And I thought that was odd,

and I thought that was odd, the way it was written.

The way it was written. It looks as though it was put in

it looks as though it was put in there to establish the alibi.

There to establish the alibi. I said.

I said all right.

All right. Well, I'm still pursuing this

well, I'm still pursuing this because I believe the guy's

because I believe the guy's innocent.

Innocent. >> With the notebook entry

>> with the notebook entry raising his suspicions, frank

raising his suspicions, frank decided to look more closely at

decided to look more closely at evidence he had previously

evidence he had previously discounted including the

discounted including the testimony of three young women

testimony of three young women who said duckett had made sexual

who said duckett had made sexual advances towards them.

Advances towards them. >> They all looked about the

>> they all looked about the same age.

Same age. They had similar physical

they had similar physical appearance.

Appearance. They were slight of build, about

they were slight of build, about the same length hair.

The same length hair. They were all accosted by

they were all accosted by duckett and taken by him to

duckett and taken by him to wooded areas.

Wooded areas. >> All right.

>> All right. So you guys were sitting in a

so you guys were sitting in a car.

Car. Did he want you to touch him

did he want you to touch him with your hands or did he want

with your hands or did he want you to touch him with your

you to touch him with your mouth?

Mouth? >> Both.

>> Both. I touched him with both.

I touched him with both. >> Do you know the difference

>> do you know the difference between circumcised and

between circumcised and uncircumcised?

Uncircumcised? >> He was circumcised.

>> He was circumcised. >> He seen that I was crying and

>> he seen that I was crying and he asked medy want to talk, and

he asked medy want to talk, and I said no.

I said no. He told me to get in the car and

he told me to get in the car and go riding around.

Go riding around. So I got into the police car and

so I got into the police car and went riding around a little

went riding around a little while.

While. I was crying because I was

I was crying because I was scared.

Scared. He put his arms around me and he

he put his arms around me and he touched my boobs and I got real

touched my boobs and I got real upset and I was begging and

upset and I was begging and pleading with him.

Pleading with him. And I was scared that night.

And I was scared that night. Really, really scared.

Really, really scared. I believe that he could have

I believe that he could have done something like that,

done something like that, especially with somebody that

especially with somebody that young.

Young. >> For nearly a year, frank had

>> for nearly a year, frank had only corresponded with duckett

only corresponded with duckett or spoken to him on the phone.

Or spoken to him on the phone. Now for the first time, they

now for the first time, they decided to meet face to face.

Decided to meet face to face. >> I was very apprehensive

>> I was very apprehensive meeting a guy on death row.

Meeting a guy on death row. At that time he had been on

at that time he had been on death row already for about 16

death row already for about 16 years.

Years. That's a long time to be cooped

that's a long time to be cooped up in a walk-in closet.

Up in a walk-in closet. But when I walked into the room,

but when I walked into the room, it was almost like seeing some

it was almost like seeing some old friend, he was so happy to

old friend, he was so happy to see me.

See me. >> I believe it was on father's

>> I believe it was on father's day he showed up here.

Day he showed up here. And I thought we had a good

and I thought we had a good conversation.

Conversation. You know, we ate a hamburger,

you know, we ate a hamburger, had a soda.

Had a soda. We talked about the case and

we talked about the case and this and that.

This and that. >> I asked him about the three

>> I asked him about the three girls and he said that never

girls and he said that never happened.

Happened. That was all a lie.

That was all a lie. Well, I don't know those girls

well, I don't know those girls but I didn't believe him when he

but I didn't believe him when he said that.

Said that. Because if one said it, maybe

because if one said it, maybe it's a lie.

It's a lie. But all three, independently of

but all three, independently of each other it's not likely they

each other it's not likely they were all lying.

Were all lying. But that didn't prove anything

but that didn't prove anything about murder.

About murder. So I finally come to the big

so I finally come to the big question, the big question was

question, the big question was this.

This. When you were questioned the

when you were questioned the night after the murder, you knew

night after the murder, you knew then that you had written down

then that you had written down on a notepad that you had gone

on a notepad that you had gone to jiffy stop at the time of the

to jiffy stop at the time of the murder.

Murder. And you're being questioned by

and you're being questioned by detectives and you had an alibi.

Detectives and you had an alibi. Did you tell them about it?

Did you tell them about it? He said, no.

He said, no. I said, why not?

I said, why not? And then he said, you know, I

and then he said, you know, I don't know why I didn't tell

don't know why I didn't tell them that.

Them that. >> I didn't even think about it

>> I didn't even think about it you know, as far as being an

you know, as far as being an alibi or -- I never even thought

alibi or -- I never even thought about the notebook during trial.

About the notebook during trial. Never even dawned on me.

Never even dawned on me. >> The blood seeped from my

>> the blood seeped from my head.

Head. I felt cold.

I felt cold. Someone is questioning you and

someone is questioning you and you have an alibi for where you

you have an alibi for where you were at the time of a murder

were at the time of a murder somewhere and you don't tell

somewhere and you don't tell the authorities that alibi for a

the authorities that alibi for a reason.

Reason. And the reason's got to be,

and the reason's got to be, there is no alibi.

There is no alibi. I knew then this was a guilty

I knew then this was a guilty man.

Man. I knew then.

I knew then. >> Marshall frank called and

>> Marshall frank called and said something like, whoops!

Said something like, whoops! You'll never guess what

you'll never guess what happened.

Happened. And I had this sinking feeling,

and I had this sinking feeling, and he said, I think he's

and he said, I think he's guilty.

Guilty. And I said, what?

And I said, what? I thought this seasoned homicide

I thought this seasoned homicide detective was reliable and

detective was reliable and trustworthy.

Trustworthy. >> I was wrong.

>> I was wrong. And I crawled under the bottom

and I crawled under the bottom of a mole hill so I could hide

of a mole hill so I could hide from the rest of the world.

From the rest of the world. I was a little bit embarrassed.

I was a little bit embarrassed. >> I loved the herald

>> I loved the herald my entire career.

My entire career. I never had a retraction.

I never had a retraction. I was always credible.

I was always credible. And to have the last story that

and to have the last story that I wrote for the herald be a

I wrote for the herald be a piece of direct because Marshall

piece of direct because Marshall frank was careless with my

frank was careless with my reputation, with his reputation,

reputation, with his reputation, so I got burned on that one.

So I got burned on that one. >> What can I say?

>> What can I say? You know, it was a noble

you know, it was a noble purpose.

Purpose. >> One day Marshall frank calls

>> one day Marshall frank calls up.

Up. He's guilty.

He's guilty. The next thing we know, there is

the next thing we know, there is a big article in the "Miami

a big article in the "Miami herald."

Herald." and I was angry.

And I was angry. I was very angry.

I was very angry. I was angry at him, I was angry

I was angry at him, I was angry at the reporter.

At the reporter. This is a man's life and you're

this is a man's life and you're printing this stuff and it's

printing this stuff and it's dangerous.

Dangerous. Because now everybody reads the

because now everybody reads the "Miami herald."

"Miami herald." The routes are reading it.

The routes are reading it. Everybody reads it.

Everybody reads it. >> People always want to believe

>> people always want to believe that somebody is innocent but it

that somebody is innocent but it is really dangerous years after

is really dangerous years after the fact to get a new trial for

the fact to get a new trial for somebody, for some legal flaw

somebody, for some legal flaw like maybe his lawyer didn't

like maybe his lawyer didn't work hard enough or maybe some

work hard enough or maybe some witness was unreliable.

Witness was unreliable. >> In fact, Gwen gurley, who

>> in fact, Gwen gurley, who recanted her original testimony

recanted her original testimony against Jim duckett now claims

against Jim duckett now claims she was coerced into recanting

she was coerced into recanting by an investigator working for

by an investigator working for the duckett family.

The duckett family. >> This man was at my house.

>> This man was at my house. If I was hanging up clothes he

if I was hanging up clothes he was behind the clothesline.

Was behind the clothesline. He was always around.

He was always around. He never let my life at peace.

He never let my life at peace. So I just told him what he

so I just told him what he wanted to hear to leave me

wanted to hear to leave me alone.

Alone. What he told me happened, I said

what he told me happened, I said okay, it happened.

Okay, it happened. The only reason I even agreed to

the only reason I even agreed to do this interview was just on

do this interview was just on record to let it be known that

record to let it be known that the last time I saw Teresa

the last time I saw Teresa mcabee, she was in James

mcabee, she was in James duckett's police car.

Duckett's police car. That's the last time I saw that

that's the last time I saw that little girl.

Little girl. The next time I heard about her,

the next time I heard about her, she was dead.

She was dead. >> Earlier in his investigation,

>> earlier in his investigation, Marshall frank was urged to meet

Marshall frank was urged to meet with detectives from a sheriff's

with detectives from a sheriff's office in a neighboring county.

Office in a neighboring county. Until now, frank hadn't thought

until now, frank hadn't thought it was important to do so.

It was important to do so. >> Someone told me that James

>> someone told me that James duckett was being investigated

duckett was being investigated by another agency.

By another agency. So I go to the polk county

so I go to the polk county sheriff's department and talk to

sheriff's department and talk to the detectives.

The detectives. They allowed me to read

they allowed me to read significant reports.

Significant reports. And the more they talked to me,

and the more they talked to me, the more I began to think,

the more I began to think, dear, he may have killed another

dear, he may have killed another child.

>>> Marshall frank had become convinced that James duckett was

convinced that James duckett was in fact guilty of murdering

in fact guilty of murdering Teresa mcabee.

Teresa mcabee. And he soon learned that duckett

and he soon learned that duckett was the prime suspect in the

was the prime suspect in the murder of another girl named

murder of another girl named Jennifer weldon.

Jennifer weldon. >> The evidence that I learned

>> the evidence that I learned about the Jennifer weldon murder

about the Jennifer weldon murder was stronger than the evidence

was stronger than the evidence in the Teresa mcabee murder.

In the Teresa mcabee murder. >> While awaiting trial, duckett

>> while awaiting trial, duckett had taken a job at a local

had taken a job at a local phosphate pit located near the

phosphate pit located near the same road where 14-year-old

same road where 14-year-old Jennifer weldon was last seen.

Jennifer weldon was last seen. >> A young girl apparently had

>> a young girl apparently had been walking home or hitchhiking

been walking home or hitchhiking or something and had

or something and had disappeared, and they found her

disappeared, and they found her a week or two later.

A week or two later. They came up there and attempted

they came up there and attempted to question me on that.

To question me on that. >> This girl had been in the

>> this girl had been in the carnival that was on a road

carnival that was on a road duckett used to take.

Duckett used to take. >> Jennifer weldon was 14, was

>> Jennifer weldon was 14, was last seen walking along state

last seen walking along state road 98 in the evening time.

Road 98 in the evening time. The lake county sheriff's

the lake county sheriff's department talked to the

department talked to the supervisors at the phosphorous

supervisors at the phosphorous plant and said duckett showed up

plant and said duckett showed up late the night Jennifer weldon

late the night Jennifer weldon disappeared.

Disappeared. And when he did show up at work,

and when he did show up at work, he was quite disheveled and

he was quite disheveled and seemed to be upset and wasn't

seemed to be upset and wasn't himself.

Himself. Jennifer weldon was carrying a

Jennifer weldon was carrying a lime green bag with a stuffed

lime green bag with a stuffed animal inside the night she

animal inside the night she disappeared.

Disappeared. >> I got call one day from

>> I got call one day from duckett's wife out of the blue,

duckett's wife out of the blue, and she said, Mr. Hurm, I think

and she said, Mr. Hurm, I think Jimmy may have had something to

Jimmy may have had something to do with that case.

Do with that case. I say why do you say that?

I say why do you say that? She said, because I remember him

she said, because I remember him coming home with a bag with a

coming home with a bag with a bag with a little stuffed

bag with a little stuffed animal, and she said the reason

animal, and she said the reason I remember it is I was mad at

I remember it is I was mad at him because we had two boys and

him because we had two boys and I said why wouldn't you bring

I said why wouldn't you bring two toys because you know

two toys because you know they'll fight over it.

They'll fight over it. I get goose bumps thinking about

I get goose bumps thinking about this.

This. >> Police never charge duckett

>> police never charge duckett with the weldon murder, but they

with the weldon murder, but they have said they'll pursue duckett

have said they'll pursue duckett for the crime if he is ever let

for the crime if he is ever let off death row for the mcabee

off death row for the mcabee murder, a possibility Beth Wells

murder, a possibility Beth Wells is counting on.

Is counting on. >> They're presently reviewing

>> they're presently reviewing Jim's case, and I'm 100%

Jim's case, and I'm 100% confident that when they

confident that when they evaluate this evidence, they'll

evaluate this evidence, they'll say, you know what?

Say, you know what? We got it wrong.

We got it wrong. We have to give this guy a new

we have to give this guy a new trial.

Trial. >> The hard evidence was tire

>> the hard evidence was tire tracks which can't be identified

tracks which can't be identified to his car.

To his car. A pubic hair, nothing that he

a pubic hair, nothing that he can even say the pubic hair

can even say the pubic hair belonged to James duckett.

Belonged to James duckett. Gwen, her truthfulness is in

Gwen, her truthfulness is in doubt.

Doubt. >> We've been doing this a long

>> we've been doing this a long time.

Time. Hopefully we won't be doing it

hopefully we won't be doing it much longer, you know.

Much longer, you know. He'll be out and not needing an

he'll be out and not needing an attorney.

Attorney. >> In the meantime, duckett's

>> in the meantime, duckett's appeals had left Teresa's mother

appeals had left Teresa's mother in limbo.

In limbo. >> I just want justice for my

>> I just want justice for my daughter.

Daughter. That's what I want.

That's what I want. 26 years.

26 years. I'm tired.

I'm tired. I don't think I'll ever have

I don't think I'll ever have closure.

Closure. Because he is not going to admit

because he is not going to admit it.

It. >> These years looking back, I

>> these years looking back, I should have drove Teresa home,

should have drove Teresa home, walked her up to the door, I

walked her up to the door, I should have handed her over to

should have handed her over to them.

Them. Absolutely.

Absolutely. And that was my fault.

And that was my fault. I didn't kill your daughter,

I didn't kill your daughter, though.

Though. No.

No. I didn't.

I didn't. >> 11-year-old was killed.

>> 11-year-old was killed. That's tragic.

That's tragic. Murder should never have

murder should never have happened.

Happened. But you don't have a smoking

but you don't have a smoking gun.

Gun. You don't have what a lot of

you don't have what a lot of people demand in a case.

People demand in a case. >> From a legal point of view,

>> from a legal point of view, he really should never have been

he really should never have been convicted.

Convicted. It's a good thing that he was

it's a good thing that he was because there would probably be

because there would probably be other dead kids out there.

Other dead kids out there. >> You know, I'm not a fry 'em

>> you know, I'm not a fry 'em all, fry 'em sooner, that sort

all, fry 'em sooner, that sort of thing.

Of thing. I feel the weight of the state

I feel the weight of the state deciding to take someone's life.

Deciding to take someone's life. But if the death penalty is

but if the death penalty is appropriate for any case, it's

appropriate for any case, it's appropriate for this case

appropriate for this case because of what he did to Teresa

because of what he did to Teresa mcabee.

Mcabee. >> God forbid if he got death

>> god forbid if he got death -- got off death row and was a

-- got off death row and was a serial sex killer.

Serial sex killer. How many more victims would

how many more victims would there be before they caught

there be before they caught duckett again?

Duckett again? >> Grant a new trial.

>> Grant a new trial. I'm not asking to walk out the

I'm not asking to walk out the door.

Door. Grant me a new trial.

Grant me a new trial. Let's put everything on the

let's put everything on the table and do it right and see

table and do it right and see what happens.

What happens. >> Ready?

>> Ready? >> All right.

>> All right. >> Thank you.

>> Thank you. Y'all take care.