TALLAHASSEE, Fla. — James “Erny” Hitchcock is scheduled to be executed on Thursday, April 30, at 6:00 p.m. ET at Florida State Prison for the 1976 murder of Cynthia Driggers.
Hitchcock’s attorneys are seeking emergency intervention from the U.S. Supreme Court, arguing that Florida is moving forward despite substantial evidence of innocence while unlawfully blocking access to records related to the state’s lethal injection protocol.
Floridians for Alternatives to the Death Penalty (FADP) is calling for a stay of execution and is mobilizing supporters through a petition and letter-writing campaign urging Gov. Ron DeSantis and the Florida Board of Executive Clemency to stop the execution. Vigils will be held across Florida if the execution proceeds.
Legal Context
Hitchcock has spent nearly 50 years on death row, with courts overturning his death sentence three times over serious legal flaws – only for the State to continue to seek the death penalty. He was last sentenced to death by a 10-2 jury in 1996.
At trial, Hitchcock admitted to unlawful sexual conduct but denied killing Cynthia Driggers. He testified that his brother, Richard Hitchcock, committed the murder. He also told jurors he falsely confessed after days in isolation because being in custody had made him suicidal and he believed it would lead to his execution. He later recanted and has consistently maintained his innocence.
In the years since, pleadings say that at least six witnesses have come forward saying Richard Hitchcock repeatedly confessed, including making statements that he “murdered that girl in Florida” and “blamed it on my brother.” Others said he explicitly stated that his brother “didn’t do that murder.”
Witnesses also described a pattern of violence that mirrored the crime, particularly towards female family members and friends. One testified that Richard choked her approximately 20 times. Another said he slammed her through a glass door and nearly killed her. A third testified that he threatened her by saying the same thing would happen to her that happened to Cynthia.
Multiple witnesses said they did not come forward earlier because they feared Richard. He died less than two years before Hitchcock’s fourth and final resentencing, and only after his death did several witnesses say they felt safe enough to speak publicly about his confessions.
The resentencing judge deemed those witnesses “not sufficiently credible” because of the delay in coming forward. As a result, no jury ever heard about Richard’s multiple confessions over many years.
“I spent years on death row for a crime I didn’t commit. The difference is, my execution warrant was never signed. I’m proof that Florida has been wrong before – and executing James Hitchcock risks making that mistake permanent,” said Herman Lindsey, a Florida death row exoneree, board member at FADP, and the Executive Director of Witness to Innocence.
“The State of Florida is preparing to execute a man despite credible evidence that another person confessed,” said Grace Hanna, Executive Director of FADP. “When witnesses say they stayed silent out of fear, their responses reflect the reality of trauma and should prompt careful scrutiny, not dismissal. Death is irreversible.”
Florida has 30 death row exonerees, more than any other state.
Ongoing Litigation Regarding Lethal Injection Records
Florida’s execution process is also under increasing scrutiny. Earlier this month, Hitchcock’s attorneys sought public records after evidence in another case revealed repeated deviations from protocol during recent executions, including the use of expired drugs, incomplete dosages, and inconsistent documentation. Florida courts denied access to those records, as they have in multiple other death warrant cases this year. In Trotter v. Florida, Justice Sonia Sotomayor warned that the state has created a “Catch-22” – denying access to records for lack of evidence while withholding the very records needed to obtain it.
Recent executions have also taken significantly longer than expected, raising further concerns. Billy Kearse’s March 2026 execution lasted about 24 minutes, while Bryan Jennings’ November 2025 execution lasted about 20 minutes. Medical experts warn that Florida’s use of etomidate can cause flash pulmonary edema – a sensation akin to drowning. Combined with the paralytic drug rocuronium bromide, this raises the risk that severe distress may be occurring out of view.
Despite documented deviations, prolonged execution times, and reports of visible distress during executions including twitching, convulsions, and labored breathing, Florida officials continue to assert that executions have been carried out “without mishap.”
Florida Context
If completed, Hitchcock’s execution would be Florida’s sixth execution of 2026 and the 34th under Gov. Ron DeSantis. Florida has already carried out five executions this year – nearly 63% of all executions conducted in the United States in 2026 so far. In 2025, Florida carried out 19 executions, accounting for approximately 40% of the national total.
Florida currently maintains one of the broadest and most aggressive death penalty systems in the country. The state permits death sentences based on an 8-4 jury recommendation and has enacted laws authorizing the death penalty for certain non-homicide offenses – both in conflict with longstanding U.S. Supreme Court precedent.
Florida is also the only executing state in which the governor holds sole authority to sign death warrants and grant clemency, without binding oversight from an independent body.
The execution of Richard Knight is already scheduled for May 21, underscoring the pace at which Florida continues to carry out death sentences despite mounting legal and constitutional concerns.
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