The Commission on Capital Cases updates this information regularly.  This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes. 

 

FREEMAN, John D. (W/M)

DC#     072746

DOB:   11/05/62

 

Fourth Judicial Circuit, Duval County Case # 87-3527

Sentencing Judge: The Honorable Donald Moran

Attorney, Trial: Patrick McGuiness & Ann Finnell – Assistant Public Defender

Attorney, Direct Appeal: Paula Saunders – Assistant Public Defender

Attorney, Collateral Appeals:  Frank Tassone, Jr. – Registry

 

Date of Offense:           11/11/86

Date of Sentence:         11/02/88

 

Circumstances of Offense:

 

Leonard Collier caught John Freeman burglarizing his home on 11/11/86.  A struggle ensued, and a neighbor heard a gunshot and the two struggling over the gun.  The neighbor witnessed Freeman gain control of the gun and repeatedly strike Collier as he attempted to crawl away from the attack.  Collier had no bullet wounds, but was struck in the head ten to twelve times with the gun and later died from his wounds.     

 

Freeman was later found hiding under a dock and was taken into police custody.  A man at the dock told police that Freeman told him that he [Freeman] had been in a fight and police were looking for him.  At the police station, Freeman waived his Miranda rights and admitted to the burglary, but claimed that Collier pointed a gun at him and threatened to shoot him.  Freeman admitted to striking Collier with the gun twice and then fleeing the scene. 

 

Additional Information:

 

On 10/20/86, Alvin Epps came home to find Freeman burglarizing his home, and Freeman stabbed Epps to death before fleeing the scene.  Property stolen from Epps’ residence was later found in Freeman’s residence by Freeman’s girlfriend. Relatives and acquaintances of Freeman reported seeing Freeman in possession of property that was later determined to be Epps’.

 

On 12/04/86, Freeman was indicted for the First-Degree Murder of Alvin Epps

(Case# 86-11599), which was committed on 10/20/86.  The jury recommended a sentence of life imprisonment, but the judge overrode the jury’s recommendation and sentenced Freeman to death on 12/11/87. 

 

On Direct Appeal, the Florida Supreme Court affirmed Freeman’s conviction, but ordered Freeman’s death sentence reduced to life imprisonment. 

 

Trial Summary:

 

04/23/87          Indicted as follows:

                                    Count I            First-Degree Murder

                                    Count II           Armed Burglary

09/15/88          Jury returned guilty verdicts on both counts of the indictment

09/16/88          Jury recommended a death sentence by a vote of 9-3

11/02/88          Sentenced as follows:

                                    Count I            First-Degree Murder – Death

                                    Count II           Armed Burglary – 9 years

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 73,299

563 So.2d 73

 

11/10/88          Appeal filed

05/31/90          FSC affirmed convictions and sentences

07/27/90          Rehearing denied

08/27/90          Mandate issued

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 90-6029

501 U.S. 1259

 

10/22/90          Petition filed

06/28/91          USSC denied Petition

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 79,651

761 So.2d 1055

 

04/07/92          Petition filed

11/02/98          Petition amended

06/08/00          FSC denied Petition

07/10/00          Mandate issued

 

Circuit Court – 3.850 Motion

CC# 87-3527

 

04/12/92          Motion filed

10/26/94          Motion amended

07/28/96          Circuit Court denied Motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 89,199

761 So.2d 1055

 

10/28/96          Appeal filed

06/08/00          FSC remanded for evidentiary hearing

07/10/00          Mandate issued

 

Circuit Court – 3.850 Motion (on remand)

CC# 87-3527

 

07/17/01          Evidentiary hearing held

07/24/01          Circuit Court denied Motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 01-2007

852 So.2d 216

 

09/12/01          Appeal filed

07/11/03          FSC affirmed denial of 3.850 Motion

11/25/03          Rehearing denied

12/29/03          Mandate issued

 

Circuit Court – 3.850 Motion

CC# 87-3527

 

06/19/03          Motion filed

09/15/03          Circuit Court dismissed Motion

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 03-1196

921 So.2d 598

 

02/20/04          Petition filed

04/26/04          USSC denied Petition

 

U.S. District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 03-668

536 F.3d 1225

 

12/29/04          Petition filed

10/23/06          Petition denied

05/03/07          Application for certificate of appealability

07/10/07          Order granting in part certificate of appealability

 

United States Court of Appeals, 11th Circuit- Habeas Appeal

USCA# 07-11658

536 F.3d 1225

 

10/24/07          Appeal filed

07/31/08          Habeas denial affirmed 

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 08-7018

129 S. Ct. 921

 

10/28/08          Petition filed

01/12/09          Petition denied

 

 

Death Warrant Information:

 

03/12/92          Governor Lawton Chiles signed death warrant

04/10/92          FSC granted stay of execution

  

Clemency Hearing:

 

12/03/91          Clemency hearing held (denied) 

 

Factors Contributing to the Delay in Imposition of Sentence:

 

A Petition for Writ of Habeas Corpus was pending from 04/07/92 – 06/08/00 and a 3.850 Motion was pending from 04/12/92 – 07/28/96. 

 

Case Information:

 

Freeman filed a Direct Appeal with the Florida Supreme Court on 11/10/88, citing the following errors: improper admission of testimonial evidence; improper comments by the prosecutor during closing arguments; improper and unconstitutionally vague jury instructions for the heinous, atrocious, or cruel aggravating factor; and disproportionate application of the death penalty in this case.  On 05/31/90, the FSC affirmed the convictions and sentences. 

 

On 10/22/90, Freeman filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 06/28/91.

 

On 04/07/92, Freeman filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court, citing issues of ineffective assistance of counsel.  On 06/08/00, the FSC denied the Habeas Petition. 

 

On 04/12/92, Freeman filed a 3.850 Motion in the Circuit Court that was denied on 07/28/96. 

 

On 10/28/96, Freeman filed a 3.850 Motion Appeal with the Florida Supreme Court, citing issues of ineffective assistance of counsel and withholding of exculpatory evidence by the State.  On 06/08/00, the FSC remanded the case to the Circuit Court for an evidentiary hearing on the ineffective assistance of counsel claim. 

 

On 07/17/01, the Trial Court held an evidentiary hearing on the ineffective assistance of counsel claim and then denied the Motion on 07/24/01. 

 

On 09/12/01, Freeman filed a 3.850 Motion Appeal with the Florida Supreme Court.  On 07/11/03, the FSC affirmed the denial of the 3.850 Motion.

On 06/19/03, Freeman filed a 3.850 Motion with the Circuit Court that was dismissed on 09/15/03.

 

On 02/20/04, Freeman filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 04/26/04. 

 

On 12/29/04, Freeman filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District.  That petition was denied on10/23/06.  Freeman filed an application for certificate of appealability on 5/03/07, which was granted in part on 07/10/107.

 

Freeman filed a Habeas Appeal in the United States Court of Appeals, 11th Circuit on 10/24/07. On 07/31/08, the USCA affirmed the denial of the Habeas Appeal.

 

Freeman filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 10/28/08 that was denied on 01/12/09.

. 

 

 

Institutional Adjustment:

 

THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

 

                                                                    

DATE     DAYS     VIOLATION                                        LOCATION      

 

11/18/90     30                        POSS OF NEGOTIABLES                   FLORIDA STATE PRISON

04/14/98    180                       REFUSED SUB. ABUSE TEST          FLORIDA STATE PRISON

08/13/98    180                       UNAUTH USE OF DRUGS                CENTRAL OFFICE     

04/20/03     30                        POSS OF CONTRABAND                 FLORIDA STATE PRISON

07/08/04    180                       UNAUTH USE OF DRUGS                FLORIDA STATE PRISON

03/22/05     30                        POSS OF CONTRABAND                 FLORIDA STATE PRISON

 

________________________________________________________________________

 

Report Date:   07/17/03          JFL

Approved:       09/02/03          WS

Updated:         01/14/11          JJK