TALLAHASSEE — A federal judge late last week declined to pause the planned executions of two Florida inmates, clearing the path for the state to put both men to death on the same day — an unprecedented move in modern Florida history.
U.S. District Judge T. Kent Wetherell II issued a six-page order denying a joint request to halt the executions of James Duckett, 68, and Dominick Occhicone, 80. The decision leaves intact the state’s timetable for carrying out both sentences on Tuesday.
What the judge said
In his written ruling, Wetherell dismissed attorney claims that the compressed schedule and the novelty of executing two people on the same day increased the risk that one or both executions could be mishandled. He described those concerns as mere, in his words,
"conjecture and speculation."
He also weighed the state’s interest in enforcing long-delayed sentences, saying any potential harm to the men was outweighed by that public interest in finality and justice for the victims of the crimes that led to their convictions.
Who the men are and the crimes behind their sentences
Duckett, a former police officer, was convicted in the 1987 slaying of 11-year-old Teresa McAbee in Mascotte, a small town west of Orlando. He has consistently maintained his innocence.
Occhicone was convicted in separate killings tied to Pasco County in 1986; his convictions stem from the murders of his former fiancée’s parents. Had he been executed, he would become the oldest person put to death in Florida since the state resumed capital punishment in 1979.
| Inmate | Age | Conviction Year | Crime Location |
|---|---|---|---|
| James Duckett | 68 | 1987 | Mascotte |
| Dominick Occhicone | 80 | 1986 | Pasco County |
Medical and procedural claims rejected
Duckett’s lawyers had argued that prior chemotherapy left his veins compromised, creating a real risk that medical staff would have difficulty obtaining intravenous access for lethal injection, possibly resulting in repeated painful needle sticks. They pointed to past treatments as the basis for the concern.
Wetherell rejected that argument as speculative. He cited state medical records indicating Duckett last received chemotherapy in 2015, plus a recent physical and evidence that he successfully received intravenous anesthesia during a colonoscopy last year.
The judge also dismissed a separate legal challenge from Duckett that questioned Florida’s lethal injection protocols. Wetherell noted precedent saying the Constitution’s ban on cruel and unusual punishment does not guarantee a painless death.
He added bluntly in his order that Duckett had "earned his death sentence," underscoring the court’s view of the seriousness of the underlying crimes and the legal process that produced the sentences.
Why this case drew attention
Legal observers and death-penalty opponents flagged the rarity of scheduling two executions on the same day, arguing the move raised practical and ethical questions. Defense teams asked federal courts to intervene, saying the simultaneous timeline was untested and could lead to mistakes.
But Wetherell wrote that those hypothetical problems did not amount to the kind of demonstrable risk that would warrant upending the state’s execution plan.
- Timing: The executions remained set for Tuesday following the ruling.
- Age note: Occhicone, at 80, would be the oldest executed in Florida since 1979.
- Medical claim: Duckett’s chemotherapy history was deemed insufficient to show a present risk.
What’s next
The judge’s order represents a final federal-stage denial of the stay request in this district. Additional appeals or emergency filings could still be pursued in other federal courts or perhaps the U.S. Supreme Court, though no such filings are detailed in the order.
For now, the state’s timetable remains in effect. The ruling will likely renew debate in Florida over the death penalty, execution procedures and whether extraordinary scheduling decisions should prompt heightened judicial scrutiny.
Reporting from the Tallahassee federal courthouse continues as the state prepares to carry out the sentences and as lawyers consider any remaining legal avenues.
