Hello Guys!

Thought it was time I check in with you again. I have not written for awhile due to personal problems. I write now because as many of you will know Florida is executing at a higher rate. It seems like Florida is trying to become like Texas. They passed a law in the senate called “The Timely Justice Act”. What it should be called is “The Untimely Just-Us Act”. Made up by those who are the “Just-Us” who can afford justice. 

For those poor white, blacks and Hispanic who cannot afford good private attorneys. They through this law wants to control the courts and rush our cases through the already flawed system. The judges and courts are already understaffed and over loaded with cases. Now if this law is enacted and the courts finds it’s legal, would rush cases through and execution rates will be much faster. Justice will be forgotten. 

The thing is regardless of how it’s done. The death penalty does not work. It’s an archaic-out dated method of ridding society of their undesirables. When a life sentence would do the same thing. No life would be taken - no more legal murder. 

I found out recently that the medical examiner who does the work on guy executed. They list reason of death as homicides or murder by the state. When this is carried out - an execution, they call it the will of the people, and say justice is done. I once said I’ve been here 36 years now. In February that will be 37. So, I could serve 38 without a doubt. But, it isn’t enough apparently. Right now they are concentrating on old cases. 

I watched a movie called “Monsters Ball”. For those of you who wonder what death row is like. The first 30 minutes is a good example of death row-the cells and how an execution goes down. 

The method is now lethal injection. But the method does not matter, death is death. The real question is do we continue to kill people to say killing is wrong. Or do we find a better way. Do we cling an outdated and flawed system or do we follow the Europeans and end the system. 

We need your support more than ever. All you guys who stand up and say: "No, not in my name". For me I believe it will end. I may not be around to see it! But as I’ve always said. It’s about the issue, the cause and not about me as an individual. You can make a difference. You need not be an attorney or rich. Every voice counts. 

They are currently appealing the usage of the new drug used to execute. But, I do not see a win there. And if the timely justice law goes through, Florida could become just like Texas, killing at a fast rate. We lost 7 last year to executions. Also 7 to cancer. So 14 who are not longer with us. Thomas Knight was executed January 7^th. He had been here almost 40 years. Another human being gone. Juan Carlos Chavez was executed the 12th of February and there is another execution scheduled for the end of this month and already for next month too. I feel that 2014 will be a bad year for executions. I hope I am wrong. 

But, either way you can make a difference. I decided to give you 3 names of guys who need legal help. Drop them a line, see how you can aid them legally. 

I don’t have the answers to what changes things. All I know is we fight till it does change. Recent polls show a decline in people who support the death penalty. 40% do not now. It was 30 to 33%. So things are slowly working around to end it. But, there’s still much work and effort to be done. And yes-1 person still makes a difference. 

I will write more soon. For now, just want to get the message out. I’ll sign off here. As I said though, I will be back-soon. Until then take care of yourselves in the struggle.

With love. Average Joe

Legal Aid needed:

Michael Reynolds #P-02128 P-2128-S

Union Correctional Institution

7819 N.W. 228^th. Street

Raiford, Florida 32026-4400

Mike Orme I wing-N

Union Correctional Institution

7819 N.W. 228^th. Street

Raiford, Florida 32026-4410

Sonny B. Oates Jr. 051769 P-2116-N

Union Correctional Institution

7819 N.W. 228^th. Street

Raiford, Florida 32026-4420

Hello Guys,

Thought it was time to check in – see what condition our condition is in. Yes I do use a lot of song references when writing. That comes from listening to so much music over my 34 + years here. One of my escapisms. I get bored – I put on the head phones and slip away. Or when I exercise in my cell. I like all kinds of music. So, when I get tired of rock I go to soul or country – or whatever the mood calls for. Of course if I had an MP3 I’d probably listen to mostly “Pink Floyd” – “Sade” and “Sting” maybe toss in some “Doors” and “Toni Braxton” and a pinch of “Fleetwood Mac” – “Marvin Gaye” and “Carly Simon”. But, radio is best really. You get a D.J. and info. tossed in. Yes music is a major plus for me.

We are still playing musical chairs with moving from cell to cell. Though it has slowed down some. So far I have made 3 moves in about 1 year. For me I prefer to stay in one place. But as is with most things I don’t have a say in the matter. So, I just roll with the changes as they come. We have a new governor, new secretary of prisons and a new attorney general. From what I read about the new secretary of prisons. He made many changes in “Indiana’s Prison System”. Many positive. So far he has closed 6 prisons, 3 regular prisons – 3 boot camps. And plans to privatize 12 others. Let private companies come in and run them. That will not occur here! He’s said he will fire over 100 middle management employees! Officers.



To me, it makes more sense to fire or replace the upper management, or replace them with his own people – loyal to him and his ideas. Just seem sensible to me. The ones who actually run things. But, that’s his choice! Once again I do not run anything. He has said he wants to get out of prison – non violent – short term offenders. And ones arrested for and user of drugs. Get them drug addiction help. Also the very old and sick. All of these things should have been done long ago. So, I applaud these decisions. That prisoners will once again grow much of their own food. An excellent idea. Hopefully it will improve what we are given to eat. Wouldn’t take much. No word yet on death row – just rumors! I will not speculate on those. The budget shortfall will once again change some things here. What all I’m not sure of. To date. They took away fruits we once received! Also deserts on weekends and a meal during the week. Instead of one bar of soap per week – they break it in half – give us a half of a bar. Toilet paper once every 10 days. I hear it may be one roll every 15 days soon. Toothpaste every – once a month. Also may start to sell toilet paper on canteen. One good thing they give us 3 hours twice a week on exercise yard – instead of two! Here’s the deal for me. When good things occur, usually bad things come also. So, I’m waiting to see what else comes from the new regime to decide if it’s good or bad. So far they have not figure out or refuse to accept – that ending the death penalty would save hundreds of millions. Many states have. But the south hangs on to it as a political pawn or because they resist change.



They are also trying and may do! Changing the Florida Supreme Court changing it 0 from 7 justices to 10. 5 would sit on civil cases. 5 on criminal law. Which is a republican based move. Florida house and Senate is dominated by republicans. And this would – also allow them to appoint 3 more judges. I do not fully understand the full intent of this move. But, it’s easy enough to understand that if a political group enacts a new law, they do so to benefit their own agenda or philosophy of life as they want it to be. Of course they white wash it and sell it to the public – as good for everyone. And that goes for any group or political party, or group. I am simplifying it down to my own understanding. I like things that are simple to understand. Take away all the rhetoric and “mumbo jumbo” – the small print no one can read - the disclaimers. And spell out in simple terms what it’s really about. Oh I can usually understand the complicated “Shinola” filled stuff. But, it takes longer and wastes a lot of time and effort. And generally ends up confusing most people. So they really do not understand till it’s too late. Excuse my little rant, but that is the human side! One good thing about all these recent political changes across the U.S. of A. it has knocked people out of their complacency. Woke them up. Not since the 60’s early 70’s has there been such civil protests. A lot of it is self centered – concerning themselves. But sometimes when you wake people up they look around and see other areas of injustices as well. So now, they have poked the sleeping bear. And that never turn out good for the ones that do the poking!



So it ought to be interesting to see what comes from it all. The teachers are angry – the unions are pissed at recent measures passed in several states. All are upset about the economy and federal budget. And defenitely fed up with the political bickering and blame game. Here in Florida – they took away “Tenure for Teachers”. And want to base their Jobs on merit bases. It wasn’t enough that as a whole teachers are very under paid. Let’s face it without teachers – no professional would be educated enough to be where they are. Something politicians seem not to appreciate or acknowledge. Not my usual – mostly death penalty writings. But, what I try to do is let you see the human side of here. And as a whole person – not everything is about the death penalty. I’m just like any other person – in – or outside. My concerns and thoughts range over many topics and concerns. Ideas and world events. Most recent was the merit pay for teachers. My idea is – the teachers should ban together and collect support. To put a referendum on the ballet – to be voted on – to put – enact a law to put politicians on a merit scale of how they are paid and elected. For every promise a politician makes and breaks take away a percentage of their pay. We would end up with honest politicians or ones that worked for free. Smile! Hell they would be paying to work! Don’t get me wrong I think there are good people in politics. Who actually want to work for the people, who put the needs of the people before their own agenda or beliefs. But, as in any group - you have good and bad. Enough on that. I - myself am still hanging tough. It doesn’t get easier with time.



But, as long as I can deal with it I assume I will be o.k. I wonder though if in the end – will it have been worth all the effort. I suppose though we all wonder that same question about anything we do in life.The struggles we face or endure. Maybe it’s not the end result that truly matters. Rather that we do not give up – nor give in to whatever adversity we face. And that we appreciate the people we meet and stand alongside in the journey. That we make the best of what good comes our way as we go. And that we take time to enjoy when we can and laugh, love, live, cry! So, it’s as much the journey as the destination! And what we make of each. O.k. with that I’m out. Got a good book to read, Steig Larsson’s” the girl with the dragon tattoo”. A 3 book set. So far excellent. Till next we talk. Take care of each other!

Sincerely – out of the blue

Average Joe



Added Note: It seem the decision to split the Florida Supreme Court and make it 10 Justices failed. Last I heard, I think they figured out people knew what their agenda was. Whatever the reason I think it’s a good thing!

Average Joe checking in. I hope this finds all of you enjoying life every chance you get. As for here on death row everyone moved. Some pencil pusher in “Tallahassee” decided for security purposes they would move all of us on death row to different cells. So they used the last number of our commitment numbers. Mine was A3 so when I moved all who had A 3 moved. So, I went from 5 wing bottom floor – cell 2 to 2 wing top floor – cell 4, which is cool with me. I usually fit in anywhere I go. For some it’s not! Because they may have problems with others. Since “Tallahassee” assigned the cells and not the staff here at the prison, who know the ones that do not get along. Then they may place guys who do have problems on same floor. But that’s what occurs when someone in “Tallahassee” makes rule to try to justify their job or move upward. Even the ones who work here don’t understand it. Now, we come to the new “Innocence Commission”; what a joke this is! The Florida Supreme Court Chief Justice appointed a panel of people to study why people are falsely convicted. They consists of judges, prosecutors and attorneys. They appoint the very same people that create the problems. And they cannot study cases that may be innocent even now, only cases already found innocent. I take this personally, because the main man Chief Circuit Judge Belvin Perry was my prosecutor in 1988. Where they knowingly hid a witness in my case, we proved this in 2004 at an evidentiary hearing. We found phone messages from the prosecution files where the boss at Sanford Crime Lab came in to testify. He said he called the Prosecutors Office 2 days before my hearing told them he had found their witness. We had the 2 phone messages to back this up. Where this boss Stephen Platt called gave her name – phone number – the prosecutors stood up told the judge after exhaustive search they could not find this hair analyst. And had Stephen Platt read in her testimony. You see they knew she had been proven unqualified to do the work in another case before my hearing.

Now at the same time during my hearing in 2004, my case was heard in Mr. Perry’s court room by a judge who was a friend of Mr. Perry’s not enough? after my hearing in a separate case heard before Mr. Perry. He actually said: “So you’re trying to dig up old bones like Hitchcock”! So, I take it personally that he is head of the Innocence Commission and lends even more credence to the fact it’s a joke. And it’s a shame for those of us who have hope and wish for justice. Those of us that wanted them to do something like this. And maybe help fix a broken system. What we get is another for show to cover their own wrong doings. Another like the hearings on the botched execution! More cover ups. More of acting as if they are concerned about fairness in justice. When all they care about is protecting their own butts! Don’t be fooled. You’ll see what I mean when they complete their study and find nothing that has any real meaning for justice or in any way fixes the broken system. The panel should have been made up of outsiders. Scholars maybe that could be unbiased, and if there were active cases hear those cases. These type of things are why it’s so difficult to end the death penalty. But don’t let this in anyway make you lose hope in the cause. Because no matter what they do, they cannot hide injustice. It stands out on its own. And the efforts of you guys who see it and do not allow it to be swept under the carpet. Instead use it to recharge your enthusiasm and resolve once you see the truth. You can use it in a positive manner. As for myself I am doing ok just passed my 34th. year since being locked up date. 33 1/2 on death row. I’m still alive, still sane and still have some fight left in me. And a sense of humor. So I’m ok, well for where I am. I was speaking to an old friend on the exercise yard last week just joking around. I said: “Man life is a bitch sometimes.”He came back with. “Then that’s a perfect match for a tough old bastard like you.”Couldn’t do nothing, but laugh. That was the perfect come back. More or less just saying:”you can handle it”.

But, I also recognize you guys outside make it possible so we inside can handle it. Thanks! You may not receive much credit outside for all you do. But you do from the guys inside! Take care of yourselves and stay strong maybe have some delicious fried chicken for me! Till next time warmest wishes Average Joe.

Hey guys,

Average Joe checking in with you. I hope this finds all of you strong in spirit and enjoying life each chance you have. Me, I’m ok still surviving those slings and arrows of outrageous misfortune.

Recently, I watched on T.V. our Florida Legislature. It was an open hearing before a committee on criminal justice and the current budget. As many of you are aware, several states overturned their death penalty due to budget. The current financial crisis – due to the recent depression which hit many states very hard – money wise. So some intelligent politicians’ politicians’ – put in to play what many knew long ago. That it is cheaper to house a prisoner for life, than to keep him on death row. Thus, overturned their states death penalty, others have seriously considered this option. But at the committee meeting I watched. The states public defender spoke of ways to reduce the costs to courts and the state. Basically his opinion was to either overturn the death penalty entirely or put a moratorium in place. The head man on the committee said. “Not a Quote”, “Not a Quote”, until the people of Florida wants the end of the death penalty. That is not an option.

It was very short answer. Like it was not even worth considering. Now, I’ve read studies done. A survey to ask – if the sentence was life with out parole – or death. Which was preferable? And 68% said life with out parole. So, the committee member – was either not aware of the survey – opinion poll. Or did not find it convenient to do a little research before casually vetoing the idea. To me, what I see is a stubborn mind set that seems prevalent in the south. That they will hold on to the death penalty till someone pry’s it out of their politically dead fingers. Let’s face it; the death penalty is a pawn politicians use to help win elections. A few years back, they used as the method of execution in Florida – the electric chair. But, that method came under such heavy fire. – As cruel and unusual punishment.

The courts were at the time ready to rule it unconstitutional. So, Florida quickly adopted a new method.

Lethal injection, and - to make it lawful – gave guys on death row an option to choose lethal injection or electric chair, a strange gambit of a legal manoeuvre. Most did not catch this. You see, if everyone chose lethal injection. Then the manner of death they were sentenced to at the original trial – became moot. Yet, if all chose electric chair. Then, they would have still faced the court for a decision of constitutionality of the method of execution. And if the court ruled that the electric chair was cruel and unusual. Then my guess is the death penalty would have been overturned. I may be wrong, but it seems reasonable.

You see at trial the judge sentenced me to be held by the state till time to be executed. At that appointed time be executed by electric chair. The kicker was – when they changed the method of execution, if we did not respond or make a choice within a set time. Then they would put down our choice as lethal injection. I myself never made a decision. I wasn’t aware I was supposed to till way after the time limit expired. The point being. Lethal injection was not put in place for humane reasons. Rather so Florida’s politicians could save and keep the death penalty. I also wonder if a chance was missed on our side. And if the option of choosing the lethal injection – the way it was presented was legal? I mean, when a person has a gun put to their head – then the person with the gun holds up sleeping pills and says – your choice. It seems to me, any choice made would be under extreme duress, which is against the constitutional amendments. Well, it is in every case of law I’ve read – where coercion and actions under extreme duress were made. The reason I delve into the history of method of execution, is to raise the question. Is the change of methods of execution – done under the conditions it was, legal? Was it ever legal? I pose this question – so some of you may ask someone in law – if it is. At the same time I shall investigate it further. Now, back to the original point. Maybe if the Florida budget is hit worse.

Then overturning the death penalty may become an option. Florida will hold onto it though for as long as possible, but on a brighter note.

The death penalty is at its weakest point at this time. And it’s at a time when the more our side shows opposition the better the chances of ending it. So, for those who have fought hard for such a long time – don’t give up - . Find new strength and perhaps we can win. There have been wins all over the US guys set free – due to DNA tests. Ones set free due to innocence projects. Some by some very good efforts by their own attorneys. Many states overturned their death penalties. Each victory brings us closer. So take heart! A friend of mine died recently due to several medical problems. I had known him over 30 years. I wrote a close friend of his a condolence card and note. Just to say – you are not alone in your loss. And, I would like to extend those condolences to all of you who have lost friends and love ones along the way. And just so you will know – you’re still needed and appreciated! And last: I still need a volunteer to help me win my freedom. You can read the article before this one to understand what I need. I plan to check in with you guys a little more often. For the moment just a few thoughts. Take care of yourselves and remember Carpe Diem.



Sincerely Average Joe

To contact:

James Hitchcock # 058293 P-5127-S
Union Correctional Institution
7819 N.W. 228 TH. Street
Raiford Florida 32026-4450