Most inmates on Florida's
Death Row -- after years of contemplating their fate -- find many
reasons for proclaiming their innocence. Most such claims prove
baseless -- but not all are fictional concoctions. Witnesses
sometimes lie, police ignore favorable evidence, lawyers may be
incompetent.
James Duckett, 45, says he is among the exceptional Death Row
inmates whose claim of innocence is valid. He may be right. His
lawyer has appealed to the Florida Supreme Court for a new trial.
The high court should give this case the careful, serious scrutiny
that, thus far, has been missing. Lower courts have perfunctorily
upheld the murder conviction. In one instance a court argued that
``with the benefit of time and a made record, claims can be
generated years after the fact.''
An exhaustive review of the case by former Miami-Dade County
detective Marshall Frank, however, buttresses Duckett's claim of
innocence. An account of Mr. Frank's work was outlined in a two-part
Herald series published on Sunday and Monday.
The retired detective's 16-year investigation uncovered much
suggesting that Duckett may have been wrongly convicted. That
includes a key witness who recanted her testimony, damning evidence
that would be inadmissible under today's rules and botched handling
of evidence. Worse yet, Detective Frank found that Duckett's lawyer
did little to prepare for trial and defend his client.
Unfortunately for Duckett and other inmates, once a trial ends in
conviction, the goal of police and prosecutors isn't to correct
errors or to right a miscarriage of justice. In fact, they work
overtime to defend their actions.
Duckett was a rookie cop in the small north Florida town of
Mascotte when he was accused of raping and murdering an 11-year-old
schoolgirl in 1987. The case was prosecuted in nearby Lake County
after investigators quickly settled on Duckett as the primary
suspect and allowed no other evidence to dissuade them. Detective
Frank's investigation offers credible proof that police and
prosecutors may have misinterpreted fingerprint evidence, botched
identifications of a tire cast and pubic hair and failed to
introduce evidence that pointed to Duckett's innocence.
Gov. Jeb Bush has encouraged the courts to speed up the review
process in murder cases. He argues that such delays harm victims who
need closure. But in this case, if the state has made an error,
Duckett will suffer a worse fate -- he'll pay with his life. That is
reason enough for the high court, finally, to closely scrutinize
this case and make sure that an innocent man isn't
executed.