With a death warrant already signed, attorneys for James Hitchcock filed a critical reply brief with the Florida Supreme Court on Friday morning. The filing represents a high-stakes effort to halt his upcoming execution by demanding access to state records and asserting that Hitchcock is an innocent man.
The 22-page document, filed by the Capital Collateral Regional Counsel, centers on two primary arguments: that the state is withholding vital information about its lethal injection process and that the court has ignored a “compelling case” of Hitchcock’s innocence.
A major portion of the brief focuses on Hitchcock’s attempt to obtain public records from the Florida Department of Corrections (FDOC) and the Florida Department of Law Enforcement (FDLE). His legal team argues that the circuit court’s refusal to grant access to these documents prevents them from investigating whether the state is following its own execution protocols.
READ: Appeal Filed As Execution Date Nears For James E. Hitchcock In 1976 Florida Killing Of Step-Niece
Defense attorneys pointed to records from other cases suggesting that the FDOC may have failed to follow proper procedures during recent executions. They argue that without these logs, Hitchcock is stuck in a “Catch-22,” unable to prove a claim of “maladministration” because the evidence needed to prove it is being kept secret by the state.
“The courts’ denial of access to the requested records sets the dangerous precedent that the State of Florida can execute the condemned using unapproved and untested methods, without consequence, check, or balance,” the brief states.
Beyond the procedural fight over records, Hitchcock’s lawyers are making a blunt appeal for his life based on the claim that he did not commit the murder for which he was sentenced to die.
The defense argues that the only evidence linking Hitchcock to the crime was a recanted confession from decades ago. They contend that Hitchcock, then 20 years old and suffering from depression, took the fall out of a “misplaced sense of allegiance” to his brother, Richard.
The brief highlights that multiple witnesses have since come forward claiming that Richard Hitchcock—who is now deceased—confessed to the murder of Cynthia Driggers. These witnesses reportedly waited until Richard’s death to speak out because they feared retribution from him.
Hitchcock’s attorneys argue that a “manifest injustice” will occur if the state proceeds with the execution without a full hearing on this evidence. “There can be no greater manifest injustice than the execution of an innocent man,” the filing asserts.
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Hitchcock is asking the Florida Supreme Court to stay his execution, currently scheduled for April 30, 2026. He is seeking an order that would force the state to turn over the requested records and allow for an evidentiary hearing to explore his claims of innocence.
The State of Florida has previously argued that Hitchcock’s claims are procedurally barred and that his witnesses lack credibility due to the length of time they waited to come forward. The Supreme Court is expected to rule on the request for a stay in the coming days.
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