The Florida Supreme Court on Monday rejected the latest appeal from condemned killer Jeffrey Hutchinson, affirming a lower court’s denial of his third successive motion for postconviction relief. The decision moves Hutchinson closer to his scheduled execution on May 1.
Hutchinson, 62, is facing execution at Florida State Prison under a death warrant signed by Governor Ron DeSantis for the 1998 murders of his girlfriend, Renee Flaherty, and her three young children in Okaloosa County.
According to the Supreme Court’s order, Hutchinson was convicted and sentenced to death for the murders of 9-year-old Geoffrey Flaherty, 7-year-old Amanda Flaherty, and 4-year-old Logan Flaherty, receiving a life sentence for the murder of Renee Flaherty. He waived his right to a penalty phase jury, and a judge imposed the sentences after weighing aggravating and mitigating circumstances.
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The court’s order recounts the details of the crime from court records: On September 11, 1998, after an argument with Renee Flaherty, Hutchinson left their Crestview home, went to a bar, consumed more alcohol, and then returned.
Using a 12-gauge shotgun, he fatally shot Renee and her three children. Law enforcement, responding to a 911 call from the home, found Hutchinson near a phone and his shotgun on the kitchen counter, with gunshot residue on his hands.
Hutchinson’s latest appeal argued for a new trial or sentencing based on “newly discovered evidence” of brain damage and cognitive impairment allegedly resulting from blast overpressure and Gulf War Illness. He contended this evidence would likely have led to an acquittal on first-degree murder charges or, at minimum, a reduced sentence.
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The Supreme Court, however, disagreed, affirming the circuit court’s summary denial of the motion. The court cited two primary reasons:
Untimeliness: The court found the motion was decades late, filed long after his convictions and death sentences became final in 2004. The court rejected the argument that evolving scientific understanding of Gulf War Illness or diagnoses of brain damage constituted “new facts” under the rules allowing untimely appeals, noting that Gulf War Illness was a known condition with recognized cognitive effects at the time of trial, and traumatic brain damage and cognitive impairment are not new concepts.
Lack of Merit: The court also concluded that, even if timely, the evidence would not have likely produced a different outcome. Regarding the claim it would support an acquittal via a voluntary intoxication defense, the court cited the “overwhelming” evidence of guilt and premeditation shown by Hutchinson’s actions. As for mitigation, the court found the evidence would have only a “marginal effect” compared to the mitigation already presented at his sentencing (admirable military service, Gulf War Illness, and other cognitive/mental health issues).
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The order underscored the significant aggravating factors in the case, particularly the brutality of the children’s murders. It noted that for each child victim under the age of 12, the other two murders served as aggravating circumstances.
The court highlighted the death of Geoffrey Flaherty, who faced Hutchinson, put his arm up to shield himself, was shot in the chest, and then shot again in the head while conscious and kneeling.
The Supreme Court’s order also notes Hutchinson has a long history of unsuccessful state and federal appeals and collateral challenges since his initial conviction and sentence were affirmed in 2004.
The rejection of this successive postconviction motion removes a key legal avenue at the state level as the May 1 execution date approaches.
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