Marshall Frank, a cop for
30 years, supervised 3,000 homicide investigations in Miami-Dade
County. He retired in 1990, giving up his gold badge and .38
revolver for the comfortable life of a novelist in Maggie Valley,
N.C.
His life is not so comfortable anymore. He is again caught up in
a homicide investigation. Time is running out. A life hangs in the
balance. And he now questions his faith and belief in the criminal
justice system.
Frank, 64, a detective captain who made a career of sending
killers to prison, is certain that a Florida Death Row inmate is an
innocent man.
The inmate once was a rookie cop, and he is condemned to die for
the rape and murder of a little girl, supposedly committed while he
was on duty.
''How this could happen is baffling,'' Frank says. ''I'm simply
amazed.'' He stumbled upon the case by chance. Researching a scene
for his fifth novel, Frank wanted details about daily life on Death
Row. He went to the source. He wrote to 15 inmates. Ten responded;
all, not unexpectedly, claimed to be innocent. Not so unusual, he
thought. What was unusual was the response from James Aren Duckett,
45.
''Something just gave me a gut feeling,'' Frank says.
Frank looked into the case, then looked some more, then launched
his own investigation, slowly and methodically examining the
evidence. ``What I found chilled me to the bone.''
His conclusion: ''Jim Duckett is innocent. He didn't do it.''
Frank couldn't stop thinking about it. ``Consider what it would be
like if someone came and took your freedom away, not for a day or a
couple of days, but for more than 5,000 days. Imagine. The prime of
your life gone forever. Your family, your kids, your career and your
dignity. That's what has happened to this man.''
MIAMI EXPERIENCE
Marshall Frank worked as a crack investigator for a big-city
police department through Miami's toughest years of riots, cocaine
wars, the Mariel boatlift and record years of homicides.
James Aren Duckett lived as a small-town policeman. He was a
rookie in a five-man department in the tiny blue-collar town of
Mascotte in Central Florida's Lake County -- until he was accused of
rape and murder. He has been on Death Row since 1988.
Marshall Frank, who pieced together the jigsaw puzzle that was
the police beating death of insurance salesman Arthur McDuffie in
1979 and wrote the rules that detectives use to investigate murders,
is not alone in his conclusion.
Former Mascotte Police Chief Michael Brady, Duckett's boss at the
time of the crime, insists Duckett is innocent and was framed.
So does the town's then-mayor, Josh Thomas. ''Jim Duckett never
killed that girl,'' Thomas says. ``Everybody up here knows he didn't
do it.''
Jeanne Bragg, a former beautician and citrus inspector, a total
stranger like Frank, also became convinced that justice had
miscarried. Untrained as an investigator or a writer, she became
both and published her own book in 2001: The Truth Shall Set Him
Free. So far, it hasn't.
Newspapers also questioned Duckett's guilt. Under the headline
''Maybe Convicted Officer Isn't Guilty,'' Lauren Ritchie, Lake
County editor for The Orlando Sentinel, wrote in November 1997: ``Is
it possible that James Duckett could be innocent? I think it may
be.''
Another pro-bono ''total stranger,'' investigator Ron Hill, took
up the cause on his own, and is writing a book, The Convenient
Suspect.
Duckett remains on Death Row, awaiting a ruling from an appeal to
the Florida Supreme Court. Frank insists that the chances that
Duckett committed the crime are ''zero.'' But outside opinions don't
count for much before the court.
Life as James Duckett knew it ended forever on Monday, May 11,
1987, when he donned his uniform and went to work on the 7 p.m. to 7
a.m. shift. There is not much to patrol in Mascotte (pop. 1,795),
which is 20 minutes south of Leesburg in Lake County. State Road 50
is the town's main street. Its citizenry is made up mostly of
Mexican labor, farmers and poor whites. The town's one bar and three
convenience stores serve the populace quite adequately.
Duckett, then 29, grew up in Central Florida. He married his
childhood sweetheart, Carla, and they had two little boys. When he
was laid off because of a slowdown in the economy, Duckett wanted a
more stable job and decided on a law-enforcement career. He hoped to
eventually become a game warden.
He'd been on the job for just seven months that Monday when
sometime after 10 p.m. Dorothy McAbee gave her daughter Teresa, an
11-year-old schoolgirl, 25 cents to purchase a pencil at the nearby
Circle K convenience store. The fifth-grader insisted she needed it
to do her homework.
The Circle K is just 400 feet from the tiny, rundown converted
garage Teresa shared with her mother, her mother's occasional
boyfriends, her mother's sister Shirley Fernandez, and Shirley's
husband and their two children. Teresa was a fixture at the Circle
K. She hung out there most evenings, making friends, socializing and
playing video games. Her mother had already picked her up there and
brought her home once that night.
Duckett was working radar across from the Circle K after 10 p.m.
when he saw young Teresa McAbee huddled behind a trash bin with a
Mexican teenager named Salvador Calisto. Suspicious, he spoke with
the store clerk. She voiced her concerns, saying that the girl, so
mature for her age that she shared the same size shoes and clothes
as her mother, was frequently there late at night laughing and
talking with strangers, men who gave her quarters to play the
games.
Duckett stepped outside, separated the youngsters for
questioning, took notes, told Calisto, 16, that he had no business
with a girl of 11, reminded them of a 10:30 p.m. curfew for
juveniles, and sent them both home. He also spoke to Calisto's
uncle, who picked him up. Because Teresa lived so close to the
store, Duckett did not drive her home. He said he last saw her
walking toward her residence.
At midnight, the mother, Dorothy McAbee, called police to report
that Teresa had not returned home. Duckett quickly realized that she
was the same girl he had sent home, he said. This was his first
missing person report. He called Chief Brady at home at 1 a.m. to be
sure that he handled it properly. He wrote the reports, went to the
McAbee home for a photo of Teresa, made copies at headquarters,
notified other law-enforcement agencies, then went off duty at 7
a.m.
Mascotte officers normally washed their patrol cars at the end of
their shifts, but it had been a long night, and Duckett did not.
Shortly after 9 a.m., a fisherman at Knight Lake, about a quarter
of a mile from where Teresa was last seen, spotted what he thought
was a mannequin. It was the body of Teresa McAbee, face down in
shallow water at the lake's edge.
Fully dressed in blue jeans, a tan and white striped shirt, socks
and sneakers, the schoolgirl had been sexually abused, strangled and
drowned. Chief Brady turned the investigation over to the larger
Lake County (pop. 152,115) sheriff's department and called in
Duckett from home that afternoon to assist.
Lake County sheriff's detectives Rocky Harris and Chuck Johnson
immediately focused on the last person to see the girl alive,
small-town police officer Jim Duckett. The victim weighed 83 pounds.
Duckett was six feet tall and weighed 225 pounds.
Chief Brady asked why they suspected the officer. He quotes
Johnson's response: ''I could tell the minute I shook hands with
Duckett that he killed that girl.'' Brady, now a North Florida
corrections officer, recalls that he retorted, ''Well, then, next
time we have a killing, we'll just line up everybody in Lake County
so you can shake their hands and tell us who the murderer is.''
Johnson, now an attorney, denies that he made the comment.
Brady said the detectives appeared to eliminate Duckett as a
suspect that first day, but after conferring with Sheriff Noel E.
Griffin, they immediately refocused on the rookie cop as their
suspect.
Brady says the sheriff told him that the way you solve a homicide
is to find a suspect, ``then build a case around him.''
Brady said, ``The way I learned it is, you let the evidence lead
you to a suspect.''
Griffin had troubles of his own at that time. As he faced
reelection, he'd received a lot of bad press. He'd been accused of
botching another murder case involving the slaying of a rancher and
his foreman, and was under fire about items missing from the
evidence locker. A judge had declared that the sheriff's testimony
could not be believed.
Frank wonders if the sheriff, concerned about public image, sent
his detectives on a rush to judgment. Duckett says he was asked to
submit to a polygraph test. He said ''yes'' without qualification
when first questioned. But no test was given.
About five weeks later, after hours of interrogation, he was
asked again. Weary and emotionally upset, he agreed, but considering
the circumstances, wanted to consult an attorney. Duckett was
worried, he said, because the test was to be administered by Lake
County sheriff's Capt. Jim Horner, one of his accusers.
''An accuser is not the independent examiner a good polygraph
requires,'' said Frank. ``Personally, if you asked me if I killed
Abraham Lincoln, I would not take a polygraph. As a detective, I
used the polygraph as an investigative tool, and I understand the
process quite well. The machine does not detect lies, it detects
stress, and persons react differently. My method was to use the
polygraph as an intimidation device, which often worked in securing
confessions. But does a polygraph detect a lie on a chart? No.''
No test was ever given. The case went to trial April 26, 1988,
and the prosecution impressed the jurors. Prosecutors Tom Hogan and
Steve Hurm produced palm prints of the victim on the officer's
cruiser, tire tracks at the scene, a hair identification, and a
witness who said she saw the victim get into the officer's car.
BELATED ANALYSIS
Fifteen years after the crime, Marshall Frank began to dissect
what happened.
The state claimed that Duckett assaulted the girl on the hood of
the police cruiser -- where Teresa's palm prints were found, fingers
pointing outward. ''As if she was sitting,'' Frank says. Teresa
probably sat on the police car's hood while Duckett's back was
turned to question Salvador Calisto and the uncle who came for him,
Frank thinks.
Duckett could have lied and said she did, but the truth is that
he never actually saw Teresa sit on his car. Frank notes from his
own experience that if she was assaulted on the hood of the car as
the prosecutor theorized, ``impressions from other parts of her bare
body should have developed during the testing process, i.e.,
buttocks, arms, legs. They did not.''
The state asserted that tire tracks at the crime scene matched
Duckett's patrol car. The horseshoe-shaped dirt road that abuts
Knight Lake is in a wooded area less than 500 yards from Teresa's
house.
Crime-scene technicians allegedly took a cast of tire tracks from
a mud hole on one side of the road's curve, beyond where the body
was found. Although technicians stated they were the same brand and
pattern as the tires on Duckett's patrol car, the match was not
positive.
When Chief Brady and another officer first heard about the tire
casts, they returned to the scene. They saw no signs of casting at
the mud hole, but did find casting marks on the dirt road near where
the body was found.
Significantly, another Mascotte police car with the same brand of
tires had responded there first. Duckett also parked there that
afternoon. If casts were taken from the area Chief Brady noted,
those cars belonged there. And if Duckett's car had crossed the mud
hole, mud would have been found on his tires and wheel well. None
was.
The prosecution claimed that a pubic hair found in the victim's
panties belonged to James Duckett. But the hair, according to Frank,
had no root, which made DNA identification impossible.
TWICE, NO MATCH
Initially, Lake County investigators sent the hair and samples
from Duckett to the Florida Department of Law Enforcement lab. FDLE
expert Deborah Steger testified there was no match. The Lake County
detectives then sent the same evidence and samples to a private lab,
Lifecode in New York. Again, no match.
''Somewhere in their shopping spree,'' Frank says, ''the Lake
County detectives heard about FBI agent Mike Malone,'' an expert
analyst for hairs and fiber. Five months later, after taking more
samples from Duckett, Malone made a match. That forensic evidence
sealed Duckett's fate.
Marshall Frank contends that the fact that Malone even accepted
the case is suspect because of the FBI's long-standing policy of not
accepting forensic evidence for analysis if another certified crime
lab has already examined it.
Malone had a reputation for being a dream witness for the
prosecution. Although differing with other analysts, he nailed
defendants in cases around the nation. He testified that Duckett's
hair had ''exactly the same characteristics'' and was ''completely
indistinguishable'' from the hair found in the victim's panties.
But Malone's reputation, splendid at the time of conviction, is
now stained in disgrace. ''He was at the center of a crime-lab FBI
scandal in which he had allegedly given incorrect or false testimony
in case after case,'' Frank says. He is cited in ''a devastating
book by John F. Kelly and Philip K. Wearne, Tainting Evidence:
Inside the Scandals at the FBI Lab.'' Malone is now retired.
In the Duckett case, Malone's conclusion was refuted not only by
the FDLE's Deborah Steger and the New York lab, but by Peter
DeForest, professor of criminalistics at John Jay College.
And not only did DeForest disagree with Malone, but he declared:
''There was no match with the original samples taken from Duckett.
However, Malone made a match with a sample they had taken six months
later. It suggested to me that somebody had switched something.
Certainly, something did not smell right.'' But he wasn't called to
testify.
If DeForest is correct, Frank says, then someone in the police
agency must have discarded the evidence hair from the victim's
panties, replacing it with Duckett's hair.
Does Frank believe that happened? ``It would appear so. It could
have been anyone -- someone in the police department or Malone
himself.''
COMING MONDAY: A claim of questionable testimony and
withheld
evidence.