speed. if it's a lower altitude, it means a slower speed. i'm don lemon. thank you so much for joining us. make sure you stay tuned to cnn for any update on the search for flight 370. tune in 4:00 a.m. tomorrow early on this episode of "death row stories" in a tiny florida town an 11-year-old girl is found raped and murdered. >> that little girl died in the dark, alone with a monster. >> and the investigation leads the police back to one of their own. >> of course, we don't want to believe a police officer would do this. >> i have always wanted to get in law enforcement and here i am on death row. >> but a miami detective becomes

convinced the ex-cop is innocent. and the case takes an unexpected turn. >> you never say it can't be, because often it is. >> there is a body in the water. >> he was butchered and murdered. many people proclaim their innocence. >> in this case there are a number of things that stink. >> this man is remorse allessre >> get a conviction at all cost costs. i was the chief of police.

for the city of mascot, mascot florida is a city of about 1700 residents, maybe a quarter of them were seasonal migrant workers. i was working in the school that morning. and i got contacted by a resident. he said i went down to the lake to go fishing, and he said i'm not sure but i think there is a body in the water. and he said it was a little girl. the body was floating face down, and her arms were spread out. >> police identified the victim as 11-year-old teresa macabee. she had last been seen at a circle k convenience store located just 400 feet from her home. >> she told me she had to do her math homework and she didn't

have a pencil. and i remember i kept telling her no, because i didn't want her to leave the house. and she said but mom, it won't take but five minutes. so i finally said yeah. and she left. >> one of the last people to see teresa alive was local police officer james duckett. >> i said listen, it is getting close to 10:30, i want you to go straight home. >> duckett reminded teresa of the 10 p.m. curfew for minors. >> when she didn't come back, she walked to the store. she went. >> she got out of the store. walked down in front of the ice machines again and turned the corner. i assumed headed home. >> and i kept -- he said i couldn't find her. >> when teresa's body was discovered the following

morning, the tiny mascot police department turned to the county sheriff's office for help. investigator rocky harris responded to the call. >> got there, the child was dead in the water. i swam out and got her and brought her in. how do you describe a child -- i mean -- it was a little tough. >> investigators summoned the rookie officer, duckett, to the crime scene to get more details about his encounter with the victim the night before. >> at the crime scene there were some tire tracks. it had rained a little bit in that area so the tracks were real good. and then later on, officer duckett arrived. we looked over at duckett's patrol car, and the tires matched. at that point, we had his car

impounded and we found the child's fingerprints all over the car. the hood of the car. of course, we didn't want to believe a police officer would do this. >> teresa macabee's autopsy revealed she had been sexually assaulted and strangled to death. a pubic hair was also in her underwear. >> the policeman who may have been the last person to see 11-year-old teresa macabee is under investigation himself tonight. >> i just couldn't believe it. he was supposed to serve and protect the community. she probably thought well, he is a police officer, he will take me home. but that never happened. >> residents are outraged. >> you teach your children to go to a police officer if they're in trouble or need help. >> despite the community, police chief mike brady, who had hired

and mentored duckett held fast in his belief that investigators were focusing on the wrong man. >> my confidence in him had not been shaken. i was of the opinion that the truth was going to come out and he is going to be exonerated as a suspect. we're going to get to business and find out who murdered this child. >> last time i seen her she turned the corner and was headed home. >> you want to know something? you're not telling me the truth. >> yes, sir. >> no, you're not, james. >> james duckett was arrested and charged with first degree murder. duckett's trial began on april 25th, 1988, assistant state attorney steve herm prosecuted the case and sought the death penalty. >> that little girl died in the most traumatic, terrifying way in the dark, alone with a

monster. >> herm called an eyewitness, 17-year-old glenn gurley, to the stand. she testified on the night of the murder she talked to duckett, moments later she saw duckett leave the scene with a small person in his police car. >> you saw him at the time when he turned the corner? >> yes. >> you did see inside the car? >> yes. >> how many people did you see? >> two. >> prosecutors also called three women who each testified that officer duckett had made sexual advances while he was on duty. >> they were all accosted by duckett when he was on duty, in uniform in his patrol car on the midnight shift and taken by him to wooded areas. >> it took the jury less than 90 minutes to find james duckett guilty of capital sexual battery and murder in the first degree. on june 30th, 1988, james duckett was sentenced to death.

>> when they sentenced him it was probably one of the best days of my life. because i took a bad cop out that killed a child. >> 14 years after duckett's conviction, a retired miami police homicide detective named marshal frank began doing research for a crime novel he wanted to write. >> when i retired, i moved to a little town in north carolina called naggy valley, and it is in the mountains. it is beautiful. i had an idea for a novel in which the protagonist ends up on death row. so being an investigator i wanted to talk to a death row inmate. i got 15 names, i wrote each of them a letter. eight of them wanted to tell me how they were not guilty. and one of of the responses was from james duckett. and he seemed logical,

articulate. contrary to what i promised myself i wouldn't do i said i'm going to look into this. i'm not a bleeding heart, i don't fall for people saying they're not guilty, because i heard it all in my career. i put a lot of people in jail, i don't think i was ever wrong. so i pulled all the files, when i put together the evidence it was like a mosaic, you get a piece of this tile, that tile, put it altogether and you get a picture. and the picture was innocent. th. i'll just press this, and you'll save on both. ding! ladies and gentlemen, boys and girls, llllet's get ready to bundlllllle... [ holding final syllable ] oh, yeah, sorry! let's get ready to bundle and save. now, that's progressive. oh, i think i broke my spleen! home insurance provided and serviced by third party insurers.

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former police officer james duckett was on death row for the murder of 11-year-old teresa mcabee, when retired homicide detective marshal frank began to comprehe get in touch with him. >> i just wanted to see if this was a death row inmate. this guy may have been railroade railroaded. >> watch out for stuff here. have a seat right here. you don't stand up until we tell you to, all right? >> yeah, yeah, i got you. >> got it? >> james aren duckett, and we are currently at florida state prison in stark. i am sentenced to death. so i am currently on death row.

been here since june 30th, 1988. >> i wrote duckett a letter, tell me more about this situation. well, i got a big letter back. >> he reached out to me. said i'm a retired detective from miami police department. he said i want to help you out. i want to see what your case it. i told him that i walked in this building scared to death as a young man. never been inside a prison, never been in any trouble before. and here i am going to death row. i had a career going. i had a beautiful wife. i had two young sons. i had a future that i was moving towards. and all of that was taken for no reason except to satisfy somebody's idea that i was the one that did this. >> frank decided to put the novel he was writing on hold and

get more involved in duckett's case. >> so i go to florida and i poured over the reports. and i began to see flaws. this young woman, her name was gwen, she says she saw the child get into the police car. >> marshal discovered there was more to gwen gurley, the only eyewitness, than jurors had been led to believe. >> i just wanted to know how it came about that she would testify against duckett. >> gwen gurley was always getting involved in disturbances, and then all of a sudden she becomes a star witness with the worst credibility you could ever have. >> let's see, i was 16, i was a typical teenager, you could say, except i was getting in a little trouble. three counts of grand theft. >> and the news report of

duckett's indictment came on the news. >> james duckett in connection with the killing. >> and she saw that, and she called a female corrections officer over. and told her i was there, i know something about that case. >> the sheriff's department of lake county come talk to me. >> the inference was, we can give you a break if you saw something that we should know about. hint, hint. >> lin testigwen testified agai duckett and was let out of jail after serving two years. but a year after the sentencing, gurley recanted her testimony. she claimed she had been induced into testifying against duckett by investigator rocky harris. >> rocky harris took me in and out of the jail, asked a lot of questions. lot of questions.

>> as a matter of fact, i never offered her any deal whatsoever. >> after learning that gwen gurley had recanted her testimony, marshal also found that duckett had an alibi. >> he told me he could never have been there at the murder because he got a call at the jiffy stop, another convenience store, and went over there around the time the little girl was murdered. he jotted everything down in his little spiral, the traffic stop, activity. >> the notebook has her information in it that i wrote down that night. >> said it is in that log sheet introduced at trial? i said no, i don't know what happened to it. it was taken by the police. >> when they took the notebook and impounded the patrol car,

the notebook has teresa's information that i wrote down at 10:30 that night, and 11:00 i was at the jiffy store. how can you be assaulting teresa and be at the convenience store at the same time. they went and confirmed that. >> there was no reason for his attorney not to produce this in court as a defense. >> but if duckett was innocent, how could frank explain the pubic hair found in teresa mcabee's underwear, pubic hair that the analyst said matched duckett's. >> mike malone was a long-time fbi analyst and said it was indistinguishable from duckett's hair. >> marshal frank was not so sure, and what he soon learned about fbi expert mike malone would further convince him that duckett was innocent. >> overall, it stunk to high

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. retired homicide detective marshal frank was investigating james duckett's case on death row. at the same time, beth wells, appeals attorney from atlanta was also fighting to prove duckett's innocence. >> i represent jim duckett, i have been representing him since 1990. when i started it was a bloody time period in florida.

there were seven execution warrants. the day i was hired we had seven active warrants, that means seven men were going to be executed. and jim was one of my clients. >> if there ever was a godsend person, i believe beth is mine. she never gave up on me. >> i started investigating his case. and every time i would look into something i would discover well hang on, that is not as they say it was at trial. that doesn't flesh out. and you realize wait, we have an innocent guy here. >> the prosecution's key evidence against james duckett was pubic hair that was found in teresa mcabee's underwear, but they were not buying it. >> duckett was accused of sexually assaulting her. one of the things that troubled me was the prosecution said the pubic hair inside her panties was from the killer. but it was not uncommon for

teresa to put her mom's panties on. so maybe that pubic hair was already there. >> records show that the prosecution took steps to connect the hair to duckett. >> the hair analysis, shopping it around, the florida department, law enforcement told them no, there is nothing there. >> fdle said the hair was probably not mine, 28 out of 3030 characteristics did not match mine. >> they said the state of dna at the time was, we can't do anything with it. >> so we went to the fbi because they're the mac daddy of labs. and we asked them to take a look at it. >> mike malone is the fbi expert. he testified and says oh, yeah, this is jim duckett's hair, consistent, you have the pre

preeminent investigator saying it is truth. that is powerful evidence. >> with dna evidence not available at the time of trial, the prosecution relied on evidence not used today. >> i consulted a couple of experts, there was no way, anybody could say that that pubic hair belonged to james duckett. there is no way they could say that. >> as it turned out the fbi's hair and fiber analyst, mike malone, had a long history of controversial findings. >> over the years, mike malone has given dna testimony that we discovered was just simply incorrect. recently, they reexamined the testimony in all of these cases because they're concerned that they is exaggerating. >> for the state to you know use the guy was like shame on them,

shame on them. a jury should have known that that hair could not be identified to anybody. >> but duckett's defense attorney, jack edmond, had not questioned the hair results at trial. he also neglected to gather evidence of duckett's alibi and to depose some key witnesses. >> jack assured me he would handle it, don't worry biabout . we'll get this straightened out. >> i kept telling him, don't take anything for granted. you think they don't have that strong of a case. you're not trying to convince me, you're trying to convince 12 other people. >> in order to retain edmond, his family had put their home up to hire him. >> for everything i could find, this attorney did a terrible job in defending james duckett. defense attorney 101, you take depositions from the state's

witnesses, the key witnesses anyway. this was never done. >> in 1997, beth wells appealed duckett's case to the lake county circuit court in florida, hoping to get a new trial for duckett, wells called jack edmond to the stand to account for his poor performance, edmond told the court, i blew it. >> i trusted jack edmond. i trusted that 25 years of experience as a criminal attorney, that he would correct this. and i was wrong. >> beth wells also offered alternate suspects for the crime. starting with ex-cons and migrant workers who stayed at the mcabee home. >> teresa's uncle testified she

complained that there was one man who would try to pull her down on the couch. for that reason she asked to stay at the uncle's house, he never has been questioned. he left town soon after. we don't know where he is, we don't have a full name for him. >> there was always a lot of people at the home that didn't live there. like a little gathering. there were always more guys than girls. there was a lot of stuff to raise suspicion about. you know, you have an 11-year-old female child in the house. >> i think the person who was harassing teresa at home, killed her, dressed her and dumped her in the lake. but once they honed in on james duckett early in the case, they stopped looking at other people and that was not good police work. >> wells also called gurley to testified. she recanted her testimony.

>> if they use gwen gurley as a key witness to put me here and if she is no longer telling their lies that should account for something. >> i can remember when we talked to gwen, this is great stuff, she is recanting, she is the only person who saw her in his car. so we think this is going to get us a new trial. ♪ ♪ turn around ♪ every now and then i get a little bit hungry ♪ ♪ and there's nothing really good around ♪ ♪ turn around ♪ every now and then i get a little bit tired ♪ ♪ of living off the taste of the air ♪ ♪ turn around, barry ♪ finally, i have a manly chocolatey snack ♪ ♪ and fiber so my wife won't give me any more flack ♪ ♪ i finally found the right snack ♪

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coerce, coe nine years after james duckett had been sentenced to death, the key witness in his prosecution, gwen gurley, was prepared to testify that she had lied at his original trial. but the presiding judge put a stop to gwen's admission, warning her of perjure charges. >> the judge said i would be sentenced to the maximum, i think it was seven years for each perjury, so i pled the fifth. >> we asked the judge to grant immunity and he just didn't do it. >> how can you kill somebody, how can you execute somebody and you have a state's key witness that wants to tell the truth, and yet because it is not what the state wants they're going to threaten her with perjury and send her back to prison?

what kind of system is that? >> while duckett's appeal was severely weakened without gurley's recanted testimony, beth wells was still able to attack the prosecution's case, starting with the tire tracks found near teresa's body. >> the little dirt road had the tire tracks by it, which was a pretty good find by the detective. they preserved the tracks, did a mold of it, everything else. sure enough the tire tracks had the same tread pattern that the police cars had. but just because somebody had the tire tread with the same basic pattern doesn't mean it was that car. >> duckett's former boss, police chief michael brady was also suspicious of the evidence. soon after the investigators left the crime scene, he made a discovery that convinced him the evidence was flawed. >> we went out and could find no evidence that the investigators had lifted any kind of tire

imprint from the crime scene area. and then we walked back to the car, that is when smith said wait a minute, here is something over here. and we found residue from a plaster of paris, and i realized the investigators lifted that tire imprint from outside the roped off crime scene, and where we had been driving the car all day long. and nobody is ever going to convince me of anything different. >> investigators also conducted soil comparison tests between duckett's control car and samples from the crime scene. >> they did soil tests, no matches, there is not one bit of soil that is consistent with coming from the crime scene and being on the police car. >> but after presenting the tire track evidence at the appeal, beth would still have to contend with the fingerprints on duckett's police car. >> when we had his car impounded the first thing that came back was the child's fingerprints on the hood of the car. that in itself told the tale,

you see how her little hands kept getting further and further back, and his is right in between them. >> you see the fingerprints right there? >> no, sir. >> teresa was sitting on the hood of your car. >> no, sir, she had not been on the hood of my car. nobody was sitting down at any time on the hood of my car. >> are you telling us that is not her fingerprints? >> like i said she did not sit on my vehicle. >> here, here. here, and keep looking up, and finally there is one, turning side ways in this position here. >> mike brady had a separate notion of what happened that night. >> we later developed a theory that she could have jumped up on the car which would have been hot on the engine for having run several hours so she would have jumped back on it. that would have left her fingerprints there.

his could have been on there as a desk, they had their theory, we had ours. >> the girl is sitting there on the laid back position. >> i'm telling you the honest to god truth, i did not do anything to that girl. >> i will be honest with you, had james duckett said she sat on the car, that is why the fingerprints were there. and if he had said he was looking for her, i drove down that pump house and looked for her after the rain, that would have explained whereaway the ti tracks and we might never have focused on him as a suspect. >> after beth wells finished making her case for a new trial, jud judge lockett denied the appeal. in 2003, he was ready to go to bat. >> beth was a little dubious

about me, and anybody in the law enforcement side, didn't know that i was really sincere in the probe. >> marshal frank contacts me, i go whoa, whoa, whoa, i don't know this guy, but from jim's point of view maybe this will be the person to get somebody to listen. >> with the case at a dead end and duckett heading towards execution, marshal frank had an idea. >> he said i have a friend that used to work for the miami herald, and i had read the story. i knew who the name was so i felt excited. >> reporter: e dna buchanan was a pulitzer prize winning reporter. >> i wanted to tell her the story. >> marshal frank kept calling me, i had known him, he was a source of mine over the years. he said he found this case where

he was convinced that a man on death row was innocent. i was dubious, because if the wrong person was convicted it is usually somebody who is poor, minorities, not a white cop. and i kept saying well, how sure are you? and he was saying 115% sure this guy is innocent. so it didn't seem likely, but so many cases in miami and in south florida and in the whole state, you know, sometimes it is like the twilight zone and rod serling is the governor. you never say it just can't be. because often it is, with frank's help in 2003, e dna buchanan wrote three stories for the miami herald about duckett's possible innocence. >> she started writing these stories, i started to get media requests from tv, and newspapers and prime time live. they were just flooding in my

cell. >> as publicity grew around duckett's case, marshal frank was finally able to convince beth wells to show him a key piece of evidence. >> i wanted to see a copy of the note pad that duckett told me about. >> according to the defense, duckett's police notebook from the night of the murder contained his alibi. >> the notebook should have been in the trial record and it is not. the jury never sees it. and when you see it, you look at it. you go there is evidence right here. >> beth faxed me copies of those pages. and i looked at them. and that began to give me some doubts. i could be wrong all along. so you can have a getaway from what you know. so you can be surprised by what you don't.

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>> marshal frank was working to prove james duckett's innocence, but once he gained access to his notebook on the night of the crime, one particular entry was noticeable to him. >> the jiffy stop check that he talked about was not in the same order as all the other loggings, and i thought that was odd the way it was written. it looks as though it was put in there to establish the alibi. and i said oh, all right, well, i'm still pursuing this because i believe the guy is innocent. >> with the notebook entry

raising his suspicions, frank decided to look more closely at evidence he had previously discounted including the testimony of three young women who said duckett had made sexual advances toward them. >> they all looked about the same age, they had similar physical appearance, slight of build, about the same length of hair. they were all accosted by duckett and taken by him to wooded areas. >> so you guys were sitting in the car, and did he want you to touch him with your hands or with your mouth? >> both, i touched him with both. you know, the difference between circumcised and uncircumcised? >> he was circumcised. >> he seen i was crying, he asked if i wanted to talk. i said no. he told me to get in the car and we would go riding around.

and so i got in the police car, and we finally left after a little while. i was crying because i was scared. and he put his arms around me. and he touched my boobs, and i got real upset and i was begging and pleading with him. i was scared that night, real, real scared. and i really think he could have done something like that. especially with somebody that young. >> for nearly a year, frank had only corresponded with duckett, now they decided to meet face to face. >> i was very worried about meeting with a guy on death row. at that time he was on death row for 16 years, that is a long

time to be cooped up in a closet. but when i walked in, he was so happy to see me. >> i believe it was on father's day he showed up here. and i thought we had a good conversation. you know, we ate a hamburger, had a soda, we talked about the case, this and that. >> i asked him about the three girls, he said that never happened. it was all a lie. well, i don't know those girls, but i didn't believe him when he said that because if one said it, maybe it is a lie. but all three independently of each other, it was not likely they were all lying. but, that didn't prove anything about murder. so i finally come to the big question, the big question was this. when you were questioned the night after the murder, you knew then that you had written down on a note pad that you had gone to jiffy stop the time of the murder. and you're being questioned by detectives and you had an alibi.

did you tell them about it? he said no. i said why not? and he said you know, i don't know why i didn't tell them that. >> i didn't even think about it. you know, as far as being an alibi. i never even thought about the notebook during trial, never even dawned on me. >> the blood seeped from my head, i felt cold, somebody is questioning you, you have an alibi for where you were at the time of the murder, and you don't tell the authorities the reason. and the reason has to be there is no alibi. i knew then this was a guilty man. i knew then. >> marshal frank called and said something like that oops, you will never guess what happened. and i had this sinking feeling. and he said i think he is guilty. and i said what? i thought this seasoned homicide

detective was reliable and trustworthy. >> i was wrong. and i crawled under the bottom of a mohill so i could hide from the rest of the world because i was a little bit embarrassed. >> i loved the herald, my entire career i never had a retraction. i was always credible. and the last story i wrote for the herald, be a piece of dreg because marshal frank was careless with my reputation, with his reputation. so i got burned on that one. >> what can i say? you know, it was a noble purpose. >> one day, marshal frank calls up, he is guilty. the next thing we know there is a big article in the miami herald and i was angry, i was very angry, i was angry at him and the reporter. this is a man's life and you're printing this stuff and it is dangerous. because now everybody reads the

miami herald, the courts are reading it. everybody reads it. >> people always want to believe somebody is innocent. but it is really dangerous years after the new fact to get a new trial for somebody, you know, for some legal flaw like maybe his lawyer didn't work hard enough or maybe some witness was unreliable. >> in fact, gwen gurley who recanted her original testimony against duckett now claims she was coerced into recanting by an investigator working for the duckett family. >> this man was at my house, if i was hanging up clothes he was always around, he never let my life at peace. so i just told him what he wanted to hear to leave me alone. what he told me happened, i said okay it happened. and the only reason i even agreed to do this interview was just to let it on record to let it be known that the last time i saw teresa mcabee, she was in

james duckett's police car. that is the last time i saw that little girl. the next time i heard about her, she was dead. >> earlier in his investigation, marshal frank was urged to meet with detectives from a sheriff's office in a neighboring county. until now, frank had not thought it was important to do so. >> someone told me that james duckett was being investigated by another agency. so i go over to the polk county sheriff's department and talk to the detectives. they allow me to read the significant reports. and the more they talked to me, the more i began to think oh, dear. he may have killed another child. e

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marshal frank had become convinced that james duckett was in fact guilty of murdering teresa mcabee, and he soon learned that duckett was the prime suspect in the murder of another girl named jennifer weldon. >> the evidence that i learned

about the jennifer weldon murder was stronger than the evidence in the teresa mcabee murder. >> while waiting for trial, duckett had taken a job located near the same road where 14-year-old jennifer weldon was last seen. >> the young girl had apparently been walking home and hitchhiking and disappeared and they found her a week or two later. they came up there and attempted to question me on that. >> this girl had been in a carnival that was on a road duckett used to take. >> jennifer weldon was 14 then, was last seen walking along state road 98. in the evening time. the lake county sheriff's office talked to the superintendents at the plant, saying that duckett showed up late the night jennifer disappeared. and when he showed up, he was not himself, jennifer weldon was

carrying a lime green bag with a stuffed animal inside the night she disappeared. >> i got a call one day from duckett's wife out of the blue, and she says mr. herm, i think jimmy might have had something to do with that case, i said why do you say that? she says because i remember him coming home with a little bag with a little stuffed animal. and she says the reason i remembered it was i was mad at him, because we had two boys and i said why wouldn't you bring two toys because you know they will fight over it. i get goose bumps thinking about this. >> police have never charged him with the weldon murder, but they say he will pursue the crime if he is ever let out for the mcabee crime. >> they will be 100% correct that we have it wrong.

we have to give this guy a new trial. >> the tire tracks, the pubic hair, you can't even say the pubic hair belonged to james duckett. gwen? her truthfulness is in doubt. >> we have been doing this a long time. hopefully we wouldn't be doing it much longer. you know, he will be out and not needing an attorney. >> in the meantime, duckett's appeals have left teresa's mother in limbo. >> i just want justice for my daughter. that is what i want. and 26 years, i'm tired. i don't think i will ever have closure. because he is not going to admit it. >> these years, looking back, i should have drove teresa home, walked her up to the door, should have handed her over. absolutely, and that was my fault. i didn't kill your daughter, though. i didn't.

>> 11-year-old was killed. that is tragic, murder should never have happened. but you don't have the smoking gun. you don't have what a lot of people demand in a case. >> from a legal point of view, he really should never have been convicted. it is a good thing that he was because there would probably be other dead kids out there. >> you know i'm not a fry them all, fry them sooner, that sort of thing. i feel the weight of the state deciding to take someone's life. but, if the death penalty is appropriate for any case it is appropriate for this case. because what he did to teresa mcabee. >> god forbid if he got off death row and was a serial sex killer, how many more victims would there be before they caught duckett again? >> grant a new trial. i'm not asking to walk out the door. grant me a new trial. let's put everything on the table and do it right. and see what happens.

>> ready? >> all right. >> thank you. >> y'all take care. new hope, new clues. more frustration as crews begin their 24th day of searching for a missing malaysian airlines 370. >> we certainly have our challenges in front of us. the hope from pilots who spotted this. >> four orange-colored objects greater than approximately two meters in size each. >> now ships are headed to the area to retrieve and analyze what the pilots saw. but those clues sparking action. with a battery on the missing plane's black box fading fast, a boat is on the way with a navy pinger locater on board to try