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