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