Talked About - Lake Legal News

Transcription

Talked About - Lake Legal News
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20
11
In Ra
sid te
e s
Every
Lake
Judge
Photo: Bonnie Whicher
Every
Lake
Fire
Chief
Josh
&
Trenton
Duckett
SAM
A Father’s
Struggle
26
Lake Legal News Nov. 2010
I
t’s been more than fours years since
Joshua Duckett held his missing son
(Trenton), heard his voice or inhaled
that intoxicating baby smell. Thrust into
the spotlight when he was just a toddler
himself—after the arrest and conviction
of his father Jimmy Duckett for the
1987 rape and murder of 11-year-old
Theresa McAbee—cameras have been
around Josh Duckett nearly his whole life.
PLE
Just 2 years old when he was reported
missing by his mother Melinda Duckett on
August 27, 2006, Trenton Duckett would be
6 years old today. Claiming he disappeared
from his own bed, Melinda thrust the Leesburg, Florida, case into the international
spotlight. It was reported on by NBC, ABC
and CBS News, along with CNN Headline
News’ Nancy Grace, just to name a few.
Within days, Lake County’s second largest
city was brimming with law enforcement
from several different agencies, including
the F.D.L.E. and the F.B.I., increasing the
search. Local sex offenders were questioned, informational roadblocks were set
up, but nothing led them to the tot. Less
then two weeks later, Melinda, the only
suspect in the case, killed herself—bringing
any new information to a
screeching halt.
Less than two
months before
little Trenton’s
disappearance, Melinda
accused
Josh
of sending an
e-mail through
MySpace.com
and threatening
Writer: Marilyn M. Aciego
Photos: Bonnie Whicher
the safety of both her and Trenton. The
e-mail (laced with profanity and racial
epithets) threatened, “I am going to hunt
you and your damn son one day and
kill both of you.” Melinda used this e-mail
to get a civil Injunction against Josh—
banning him from contacting her and
restricting Josh’s access to the toddler.
On the night the boy was reported missing,
Melinda said she put him to bed around 7
p.m., and after watching “Lock, Stock and
Two Smoking Barrels,” with friends, Danny
Bass and Chris Pearce, she went to check
on him and he had vanished from her small
apartment in Windermere Villas in Leesburg. Bass made a 911 call and sounded
bewildered; surprised because he had no
idea Trenton was even in the apartment
that night, according to now-retired Leesburg Det. Rich Giles. During the 911 call
Bass made, the police dispatcher asked
to speak with Melinda, who stated, very
emphatically, “I know who friggin’ did it.”
Accusing her estranged husband would
be the only part of Melinda’s story that
stayed consistent throughout hours of
questioning by numerous different law
enforcement agencies over the next
several days. She couldn’t even remember
what the child was wearing when she put
him to bed that night. Melinda’s story
changed many times and she couldn’t seem
to keep it straight during a September
8, 2006 taped telephone interview with
CNN Headline News’ Nancy Grace. The
next day, just hours before Nancy Grace’s
show was set to air, Melinda took her
own life in her grandparents’ home in The
Villages. Melinda’s parents Jerry and Beth
Eubank have since filed a wrongful death
suit against Grace and CNN. It is scheduled
to go to trial this month in Ocala, Florida.
Before Trenton disappeared, Josh and
Melinda had a volatile relationship
and had been estranged for a period of
Lake Legal News Nov. 2010
27
SAM
It’s
been more than fours years since Josh
Duckett held his missing son (Trenton), heard his
voice or inhaled that intoxicating baby smell.
28
Lake Legal News Nov. 2010
several months. They were in a custody
battle that included accusations, D.C.F.
investigations and an Injunction. And the
Injunction still haunts Josh today. He has
made several attempts to have the Injunction dissolved, but has failed each time.
The Injunction bans him from possessing
a firearm and is even keeping him from
going to the academy to become a corrections officer. “It affects me a lot,” Josh
says. “It has kept me from having a career
instead of a job.” As another example,
Josh and his brother Justin have for many
years joined other family members in
Georgia for an annual hunting trip, but
Josh can no longer take part. “I’m not
allowed to carry any kind of gun,” he notes.
PLE
Rich Giles—once lead detective in the
case—believes Josh deserves a hearing in the matter. “I don’t understand
why at the very least (the judge)
can’t give Josh an opportunity for the
hearing,” Giles says. “I don’t believe
he’s been given a fair opportunity.”
Indeed, Giles has given a sworn Affidavit stating Melinda did in fact hack
into Josh’s MySpace.com account and
actually sent the threatening e-mail
to herself. This self-serving e-mail
Former lead
Detective
Rich Giles has
provided an
Affidavit stating
that Melinda
became the unfortunate basis for the
subsequent Injunction, as Josh recalls.
According to the judge’s 2010 Order
Denying Motion, there were several
fatal errors in Josh’s attempt to have the
Injunction dissolved—including the fact
that too much time has passed, and “that
the injunction entered in favor of the Petitioner (Melinda Duckett) is moot to the
extent that the death certificate would
indicate there is no living party to seek
enforcement of the temporary injunction entered against the Respondent.”
Nonetheless, Josh says he just wants his
life back as much as possible: He knows
he will always be the son of murderer and
the father of a missing child, but he would
like to begin a career in law enforcement
and have some semblance of a normal life.
If Trenton is ever found safe, the Injunction
will continue to bar Josh from regaining
immediate custody of his son. Thus (even
after all these years) Trenton would not be
coming home to his father’s waiting arms,
but would be in D.C.F. custody. “(I) just
want them to look at the facts and realize
they were wrong for putting the Injunction
on me.” Josh says. “It has caused more
problems than they realize.” 
Duckett hacked
into Josh’s
MySpace.com
account to send
a threatening
e-mail to herself.
Lake Legal News Nov. 2010
29
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SAM
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18
Lake Legal News Feb. 2010
Practicing
LAW
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to devote himself to painting in 1984, at about age
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PLE
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— Michael Golub
Lake Legal News Feb. 2010
19
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