The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied 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 – SpecialAppointed 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 deathfor the murder of his former girlfriend Kathy Good.
Frederick Cummings-El and Kathy Good had dated and livedtogether for several months before the relationship ended. Cummings-Elcontinued to harass Good, and after he assaulted her at a neighbor’s house, shesecured a restraining order against him. Cummings-El continually made verbalthreats towards Good, stating, “Kathy, I am going to kill you and “I loveher. If I can’t have her, nobody can have her.”
In the early morning of 09/16/91, Cummings-El broke into theGood residence. He entered Good’s room and stabbed her numerous timeswhile she lay sleeping. Good’s eight-year-old son, who was sleeping nextto 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 ofher bedroom and reported seeing Cummings-El leaving the scene. As he wasfleeing, Good’s mother confronted Cummings-El in thecorridor, and he pushed her to the ground in his escape. Good, woundedand bleeding, stumbled from her bedroom and fell into her mother’s arms, saying“Fred, Fred.”
Medical examiners concluded that Gooddied from the numerous stab wounds she endured. Her lungs filled withfluid, and she essentially drowned in her own blood. She remainedconscious for several minutes following the attack and reportedly kept askingwhat was taking the emergency medical personnel so long.
Frederick Cummings-El was apprehended and charged withFirst-Degree Murder and Armed Robbery. He was convicted and sentenced todeath.
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 deathpenalty.
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 ofCertiorari
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 3.850Motion.
11/10/03 Mandate issued.
Florida Supreme Court – Pro Se Petition for Writ ofHabeas 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 HabeasCorpus
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 Petitionfiled.
04/20/09 Grantedin part, denied in part.
03/23/10 Remandedfrom USCA
04/06/10 Petitiondenied
United States Court of Appeals, 11th Circuit – HabeasAppeal
USCA #09-12416
588 F.3d 1331
05/18/09 Appealfiled by state.
06/04/09 CrossAppeal filed by Cumming-El.
03/23/10 AffirmedUSDC denial, reversed USDC granting of petition. Remanded toUSDC.
United States Supreme Court – Petition for Writ ofCertiorari
USSC #09-11289
07/07/10 Petitionfiled.
10/04/10 Petitiondenied.
Factors Contributing to the Delay in the Imposition ofthe Sentence:
Cumming-El’s Direct Appeal tookthree years to reach a disposition. The Habeas Petition has been pendingin the USDC since 12/15/03.
Case Information:
Cumming-El filed a Direct Appeal in the Florida SupremeCourt on 09/13/93. In that appeal, he argued that the trial court erredin applying the heinous, atrocious and cruel (HAC) aggravating factor and thecold, calculated and premeditated (CCP) aggravating factor. The FloridaSupreme Court found no merit to these claims and affirmed the convictions andsentence of death on 09/26/96.
Cumming-El next filed a Petition for Writ of Certiorari inthe 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 SupremeCourt, which was affirmed on 10/09/03.
On 10/26/01, the defendant filed a Pro Se Petition for Writof Habeas Corpus in the Florida Supreme Court. That petition wasdismissed without prejudice on 12/18/01 to be filed in the appropriatemanner. Cummings-el again filed a Petition for Writ of Habeas Corpus on08/09/02, which was denied on 10/09/03.
On 12/15/03, Cumming-El filed a Petition for Writ of HabeasCorpus in the United States District Court. On 04/20/09, the petition was grantedin part (on the ineffective assistance of counsel claim) and denied in part (onall other claims). On 03/23/10, the United States Court of Appeals remanded thecase back to the USDC. On 04/06/10, the USDC denied the petition.
The State filed a Habeas Appeal in the United States Courtof Appeals on 05/18/09. Cumming-El filed a Cross Appeal on 06/04/09. On03/23/10, the USCA reversed the district court’s granting of habeas (on theineffective assistance of counsel claim), affirmed the district court’s denialof habeas (on all other claims), and remanded the case to the USDC.
Cumming-El filed a Petition for Writ of Certiorari in theUnited 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 DISORDERLYCONDUCT UNION C. I.
04/05/04 0 DISORDERLY CONDUCT UNION C.I.
02/27/06 60 DISOBEYINGORDER 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