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 on for statistical or legal purposes.

CUMMING-EL, Frederick (B/M)

AKA: Frederick Wooden

DC #    120190

DOB:   01/11/58   

Eleventh Judicial Circuit, Dade County, Case #91-33268

Sentencing Judge: The Honorable Joseph P. Farina     

Attorney, Criminal Trial: Theodore G. Mastos – Private

Attorney, Direct Appeal: John H. Lipinski – Special Appointed Public Defender

Attorney, Collateral Appeals: Reginald Moss- Registry 

Date of Offense:           09/16/91

Date of Sentence:         02/19/93

Circumstances of Offense:

Frederick Cummings-El was convicted and sentenced to death for the murder of his former girlfriend Kathy Good.

Frederick Cummings-El and Kathy Good had dated and lived together for several months before the relationship ended.  Cummings-El continued to harass Good, and after he assaulted her at a neighbor’s house, she secured a restraining order against him. Cummings-El continually made verbal threats towards Good, stating, “Kathy, I am going to kill you and “I love her.  If I can’t have her, nobody can have her.”

In the early morning of 09/16/91, Cummings-El broke into the Good residence.  He entered Good’s room and stabbed her numerous times while she lay sleeping.  Good’s eight-year-old son, who was sleeping next to her, awoke to the sound of his mother’s screams and saw Cummings-El “punching” her.  Good’s twenty-year-old nephew was asleep on the floor of her bedroom and reported seeing Cummings-El leaving the scene.  As he was fleeing, Good’s mother confronted Cummings-El in the corridor, and he pushed her to the ground in his escape.  Good, wounded and bleeding, stumbled from her bedroom and fell into her mother’s arms, saying “Fred, Fred.”

Medical examiners concluded that Good died from the numerous stab wounds she endured.  Her lungs filled with fluid, and she essentially drowned in her own blood.  She remained conscious for several minutes following the attack and reportedly kept asking what was taking the emergency medical personnel so long. 

Frederick Cummings-El was apprehended and charged with First-Degree Murder and Armed Robbery.  He was convicted and sentenced to death.

Prior Incarceration History in the State of Florida:

Offense Date	Offense	Sentence Date	County	Case No.	Prison Sentence Length
04/04/1990	AGG BATTERY INTENDED HARM	05/30/1990	GADSDEN	9000299	2Y 6M 0D

Trial Summary:

09/16/91          Defendant arrested.

03/17/92          Defendant indicted on the following:

                                    Count I:            First-Degree Murder

                                    Count II:           Armed Robbery

01/29/93          The jury found the defendant guilty on all counts.

02/03/93          Upon advisory sentencing, the jury, by an 8 to 4 majority, voted for the death penalty.

02/19/93          The defendant was sentenced as followed:

                                    Count I:            First-Degree Murder – Death

                                    Count II:           Armed Robbery – 22 years

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC #82,349

684 So. 2d 729

09/13/93          Appeal filed.

09/26/96          FSC affirmed the convictions and sentence of death.

12/10/96          Rehearing denied.

01/09/97          Mandate issued.

United States Supreme Court – Petition for Writ of Certiorari

USSC #96-8226

520 U.S. 1277

03/10/97          Petition filed.

06/16/97          Petition denied.

State Circuit Court – 3.850 Motion

CC #91-33268

05/05/98          Motion filed.

06/14/01          Motion denied.

Florida Supreme Court – 3.850 Motion Appeal

FSC #SC01-1501

863 So. 2d 246

07/09/01          Appeal filed.

10/09/03          FSC affirmed the denial of Cummings-el’s 3.850 Motion.

11/10/03          Mandate issued.

Florida Supreme Court – Pro Se Petition for Writ of Habeas Corpus

FSC #SC01-2379

10/26/01          Petition filed.

12/18/01          Petition dismissed without prejudice for proper filing.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #SC02-1784

863 So. 2d 246

08/09/02          Petition filed.

10/09/03          Petition denied.

11/10/03          Mandate issued.

United States District Court, Southern District – Petition for Writ of Habeas Corpus

USDC #03-23327

12/15/03 Petition filed.

04/20/09 Granted in part, denied in part.

03/23/10 Remanded from USCA

04/06/10 Petition denied

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

USCA #09-12416

588 F.3d 1331

05/18/09 Appeal filed by state.

06/04/09 Cross Appeal filed by Cumming-El.

03/23/10 Affirmed USDC denial, reversed USDC granting of petition. Remanded to USDC.

United States Supreme Court – Petition for Writ of Certiorari

USSC #09-11289

07/07/10 Petition filed.

10/04/10 Petition denied.

Factors Contributing to the Delay in the Imposition of the Sentence:

Cumming-El’s Direct Appeal took three years to reach a disposition.  The Habeas Petition has been pending in the USDC since 12/15/03.   

Case Information:

Cumming-El filed a Direct Appeal in the Florida Supreme Court on 09/13/93.  In that appeal, he argued that the trial court erred in applying the heinous, atrocious and cruel (HAC) aggravating factor and the cold, calculated and premeditated (CCP) aggravating factor.  The Florida Supreme Court found no merit to these claims and affirmed the convictions and sentence of death on 09/26/96.

Cumming-El next filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 06/16/97.

He then filed a Motion to Vacate Judgment and Sentence (3.850) in the State Circuit Court, which was denied on 06/14/01.  Cummings-El steadfastly filed an appeal of that decision in the Florida Supreme Court, which was affirmed on 10/09/03.

On 10/26/01, the defendant filed a Pro Se Petition for Writ of Habeas Corpus in the Florida Supreme Court.  That petition was dismissed without prejudice on 12/18/01 to be filed in the appropriate manner.  Cummings-el again filed a Petition for Writ of Habeas Corpus on 08/09/02, which was denied on 10/09/03.

On 12/15/03, Cumming-El filed a Petition for Writ of Habeas Corpus in the United States District Court. On 04/20/09, the petition was granted in part (on the ineffective assistance of counsel claim) and denied in part (on all other claims). On 03/23/10, the United States Court of Appeals remanded the case back to the USDC. On 04/06/10, the USDC denied the petition.

The State filed a Habeas Appeal in the United States Court of Appeals on 05/18/09. Cumming-El filed a Cross Appeal on 06/04/09. On 03/23/10, the USCA reversed the district court’s granting of habeas (on the ineffective assistance of counsel claim), affirmed the district court’s denial of habeas (on all other claims), and remanded the case to the USDC.

Cumming-El filed a Petition for Writ of Certiorari in the United States Supreme Court on 07/07/10. That petition was denied on 10/04/10.

Institutional Adjustment:

DATE              DAYS              VIOLATION                                       LOCATION   

--------            ----                  ----------------------------                  -----------------

03/29/94          0                      FIGHTING                                          UNION C. I.

03/08/02          60                    DISORDERLY CONDUCT                UNION C. I.

04/05/04          0                      DISORDERLY CONDUCT                UNION C.I.

02/27/06          60                    DISOBEYING ORDER                      UNION C.I.

08/09/06          0                      UNARMED ASSAULT                      UNION C.I. 

________________________________________________________________________

04/01/02 – ew

04/10/02 – approved – ws

10/21/10 – updated – jjk