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You are here: Home / Uncategorized / Florida may execute an innocent man tomorrow

Florida may execute an innocent man tomorrow

April 29, 2026 by FADP

James “Erny” Hitchcock faces execution despite powerful evidence of innocence

Tomorrow at 6 pm, Florida plans to execute James “Erny” Hitchcock for the 1976 murder of 13-year-old Cynthia Driggers — despite deeply troubling evidence that he did not commit the crime.

Erny has spent nearly five decades on Florida’s death row. His death sentence was overturned multiple times. He endured four separate sentencing proceedings. Now, Florida is racing toward his execution while refusing to seriously confront the possibility that it got this horribly wrong.

Here’s how you can help right now as we wait for a ruling from the US Supreme Court:

• Sign the petition

• Send a message to Gov. DeSantis

• Join us Thursday at 5 pm ET across from Florida State Prison or at one of the vigils across the state

• Join the online vigil with Death Penalty Action

What Florida is ignoring

For nearly 50 years, Erny has maintained that his brother Richard killed Cynthia. At trial, Erny testified that Richard dragged Cynthia outside and strangled her to death.

Years later, multiple witnesses came forward saying Richard repeatedly confessed.

“I murdered that girl in Florida and blamed it on my brother.”

“Erny didn’t do that murder.”

Why witnesses stayed silent

Multiple women also described Richard’s long history of violence against women and girls — including strangulation, abuse, and threats. One woman testified he choked her approximately 20 times. Another said he warned her that “the same thing would happen” to her that happened to Cynthia.

Many of these witnesses stayed silent for years because they feared Richard. He was abusive, violent, and deeply feared. They came forward only after his death, when they finally felt safe enough to speak.

Florida already leads the nation in wrongful death row convictions, with 30 death row exonerations.

We should be doing everything possible to prevent another irreversible mistake — not rushing toward one.

Onward,
Bridget Maloney
FADP Communications Director


P.S. Florida expects the public to grow numb as it moves from one execution to the next. We refuse. Richard Knight is scheduled to be executed on May 21 at 6 pm. Please take action for him, too.

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