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.
FOTOPOULOS, Konstantinos X. (W/M)
DC# 616550
DOB: 07/26/59
Seventh Judicial Circuit, Volusia County Case # 89-7632, 90-1995, 90-6668
Venue changed to Putnam County
Sentencing Judge: The Honorable S. James Foxman
Attorney, Trial: Carmen F. Corrente – Private
Attorney, Direct Appeal: Douglas N. Duncan & Philip G. Butler, Jr. – Private
Attorney, Collateral Appeals: James L. Driscoll, Jr. – CCRC-M
Date of Offense: 10/20/89 & 11/04/89
Date of Sentence: 11/01/90
Circumstances of Offense:
During the summer of 1989, Konstantinos Fotopoulos began having an extra-marital affair with a bartender, Deidre Hunt, who worked at his bar.
On 10/20/89, Fotopoulos and Hunt lured Kevin Ramsey to an isolated shooting range by telling him he was to be inducted into a club. Fotopoulos intended to kill Ramsey to prevent Ramsey from blackmailing him [Fotopoulos] concerning counterfeiting activities. Fotopoulos threatened Hunt that he would kill her if she did not kill Ramsey. Ramsey was tied to a tree, and Hunt shot Ramsey three times in the chest and once in the head with a .22 pistol, while Fotopoulos videotaped the shooting. Fotopoulos stopped taping and shot Ramsey once in the head with an AK-47 assault rifle.
Fotopoulos then conspired to kill his wife, Lisa Fotopoulos, in order to collect $700,000 in insurance proceeds. Fotopoulos used the videotape of Hunt killing Ramsey in order to get Hunt’s cooperation in the murder of Lisa Fotopoulos. Fotopoulos instructed Hunt to hire someone to kill Lisa Fotopoulos. Hunt attempted to hire a man on two occasions, but the plan never materialized. A friend of Hunt’s, Lisa Henderson, led Hunt to her boyfriend, Teja James, who was hired to kill Lisa Fotopoulos for $5,000. After James botched two attempts to kill Lisa Fotopoulos, Bryan Chase was hired to kill Lisa. After several unsuccessful attempts, Chase went to the Fotopoulos home on 11/04/89 and shot Lisa Fotopoulos once in the head, but the wound was not fatal. Fotopoulos then shot Chase repeatedly, to make the murder attempt appear to be a failed burglary. In a search of the Fotopoulos home by police, the Ramsey murder videotape, a .22 pistol, and an
AK-47 assault rifle were found.
Codefendant Information:
Deidre Hunt was indicted for the same crimes as Fotopoulos, but pled guilty to the charges and was sentenced to death for the murders of Ramsey and Chase. On appeal, however, her convictions were affirmed but her death sentences were vacated. Before her retrial, Hunt was allowed to withdraw her guilty verdict and proceed to trial. The jury returned guilty verdicts on all charges. On 05/07/98, Hunt was sentenced to two terms of life imprisonment.
Teja James testified for the state and, on 07/21/97, was sentenced to 12 years imprisonment for Conspiracy to Commit First-Degree Murder and Attempted First-Degree Murder. He was released on 09/17/01.
Additional Information:
In June of 1990, Fotopoulos pled guilty to six federal counterfeiting charges, which were committed from 1987 – 1989.
Trial Summary:
12/06/89 Indicted as follows (89-7632):
Count I First-Degree Murder (Ramsey)
Count II First-Degree Murder (Chase)
Count III Conspiracy to Commit First-Degree Murder *
Count V Solicitation to Commit First-Degree Murder *
03/12/90 Information presented as follows (90-1995):
Count I Armed Burglary
Count II Attempted First-Degree Murder (Lisa Fotopoulos)
Count III Solicitation to Commit First-Degree Murder **
07/17/90 Trial venue changed to Putnam County
10/08/90 Information presented as follows (90-6668):
Count I Attempted First-Degree Murder (Lisa Fotopoulos)
10/25/90 Jury returned guilty verdicts on all counts
10/29/90 Jury recommended death by two votes of 8-4
11/01/90 Sentenced as follows (89-7632):
Count I First-Degree Murder – Death
Count II First-Degree Murder – Death
Count III Conspiracy to Commit First-Degree Murder –
Life Imprisonment
Count IV Nolle prossed by the State
Count V Solicitation to Commit First-Degree Murder –
Life Imprisonment
Sentenced as follows (90-1995):
Counts I-III Attempted First-Degree Murder –
Life Imprisonment
Sentenced as follows: (90-6668):
Count I Attempted First-Degree Murder –
Life Imprisonment
* - Fotopoulos and Hunt conspired with and solicited Teja James to murder Lisa
Fotopoulos.
** - Fotopoulos and Hunt solicited Bryan Chase to murder Lisa Fotopoulos.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 77,016
608 So.2d 784
12/03/90 Appeal filed
10/15/92 FSC affirmed convictions and sentences
12/24/92 Rehearing denied
01/25/93 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 92-8123
508 U.S. 924
03/23/93 Petition filed
05/17/93 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 89-7632, 90-1995, 90-6668
02/28/95 Motion filed
08/09/96 Pro Se Motion filed
09/11/96 Pro Se Motion adopted and motion refiled
09/27/96 Amended Motion filed
05/16/97 Circuit Court denied motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 91,227
741 So.2d 1135
08/04/97 Appeal filed
08/25/99 Dismissed without prejudice to allow Huff hearing to be held in the
Circuit Court
Circuit Court – 3.850 Motion (on remand)
CC# 89-7632, 90-1995, 90-6668
03/06/00 Huff hearing held
06/15/00 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 00-1511
838 So.2d 1122
07/20/00 Appeal filed
12/19/02 FSC affirmed denial of 3.850 Motion
02/14/03 Rehearing denied
03/17/03 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 01-2824
838 So.2d 1122
12/21/01 Petition filed
12/19/02 FSC denied Petition
02/14/03 Rehearing denied
03/17/03 Mandate issued
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 03-1578
11/04/03 Petition filed
04/29/04 Petition amended
01/29/07 Petition granted and denied in part and remanded for resentencing
03/13/07 Certificate of Appealability filed
07/23/07 COA denied
United States Court of Appeals, 11th Circuit—Habeas Appeal (filed by State)
USCA# 07-11105
516 F.3d 1229
03/13/07 Appeal filed
04/22/08 District court judgment reversed
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 08-5163
129 S. Ct 217
07/02/08 Petition filed
10/06/08 Petition denied
Factors Contributing to the Delay in Imposition of Sentence:
The 3.850 Motion was pending from 02/28/95 – 06/15/00 and the federal Habeas was pending from 11/04/03 – 01/29/07.
Case Information:
Fotopoulos filed a Direct Appeal with the Florida Supreme Court on 12/03/90, citing sixteen errors, many of which focused on inclusion of certain testimonial evidence and aggravating circumstances used in the penalty phase of trial. On 10/15/92, the FSC affirmed the convictions and sentences.
Fotopoulos filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/23/93 that was denied on 05/17/93.
Fotopoulos filed a 3.850 Motion with the Circuit Court on 02/28/95 that was denied, without an evidentiary hearing, on 05/16/97.
Fotopoulos filed a 3.850 Motion Appeal with the Florida Supreme Court on 08/04/97, citing claims of ineffective assistance of counsel and failure to grant an evidentiary hearing for his 3.850 Motion. On 08/25/99, the FSC dismissed the Appeal without prejudice to allow the Circuit Court to hold a Huff hearing to determine if an evidentiary hearing was necessary.
On 03/06/00, a Huff hearing was held in the Circuit Court, and on 06/15/00, the 3.850 Motion was again denied by the Circuit Court.
Fotopoulos filed a 3.850 Motion Appeal with the Florida Supreme Court on 07/20/00, citing claims of ineffective assistance of counsel. On 12/19/02, the FSC affirmed the denial of the 3.850 Motion.
Fotopoulos filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 12/21/01, citing claims of ineffective assistance of counsel. On 12/19/02, the FSC denied the Habeas Petition.
Fotopoulos filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District of Florida, on 11/04/03 and amended the Petition on 04/29/04. On 01/29/07, the USDC granted and denied the petition in part and ordered a resentencing. The court found that prosecutorial misconduct and ineffective assistance of counsel occurred during sentencing. On 03/13/07, Fotopoulos filed a COA, which was denied on 07/23/07.
A Habeas Appeal was filed by the State on 03/13/07 in the United States Court of Appeals, 11th Circuit. The court reversed the judgment of the U.S. District Court on 04/22/08.
On 07/02/08, Fotopoulos filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 10/06/08.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
03/04/93 0 POSS OF CONTRABAND UNION C. I.
06/27/94 0 POSS OF CONTRABAND UNION C. I.
03/21/95 0 REF. SUB. ABUSE TEST UNION C. I.
11/28/95 0 REF. SUB. ABUSE TEST UNION C. I.
12/23/95 0 UNARMED ASSAULT UNION C. I.
12/25/95 0 POSS OF CONTRABAND UNION C. I.
12/28/95 0 POSS OF CONTRABAND UNION C. I.
04/03/00 30 POSS OF CONTRABAND FLORIDA STATE PRISON
09/22/00 30 POSS OF CONTRABAND FLORIDA STATE PRISON
03/28/01 180 POSS OF ESCAPE PARA. FLORIDA STATE PRISON
07/19/01 30 POSS OF CONTRABAND FLORIDA STATE PRISON
07/27/01 60 POSS OF WEAPONS FLORIDA STATE PRISON
08/08/03 90 SPOKEN THREATS FLORIDA STATE PRISON
08/23/03 60 DISRESP.TO OFFICIALS FLORIDA STATE PRISON
Report Date: 09/03/03 JFL
Approved: 09/10/03 WS
Updated: 10/07/08 KLH