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 upon for statistical or legal purposes. 

FENNIE, Alfred Lewis (B/M)

AKA Ezell Foster

DC#    490989

DOB:   12/28/61

Fifth Judicial Circuit, Hernando County Case # 91-756

Sentencing Judge: The Honorable Jack Springstead

Attorney, Trial: Alan Fanter &Hugh Lee – Assistant Public Defender

Attorney, Direct Appeal: Michael S. Becker – AssistantPublic Defender

Attorney, Collateral Appeals:  D. Todd Doss – Registry

Date of Offense:          09/08/91

Date of Sentence:        12/01/92

Circumstances of Offense:

On 09/08/91, Mary Shearin left herhome, driving a 1986 Cadillac.  Later that day, two men found a body lyingface down on the side of a road.  Police officers discovered that the handswere bound behind the back and the victim had been shot once in the back of thehead.  Police later determined the body to be that of Mary Shearin. 

On 09/09/91, police found Shearin’svehicle being driven by two men, who identified themselves as Ezell Foster andAnsell Rose.  After the car was impounded, police found the .25 caliberpistol that fired the bullet recovered from Shearin’sbody and a piece of rope that matched the rope used to bind Shearin’shands. 

Upon further police investigation, it was determined thatEzell Foster was an alias for  Alfred Fennie and Ansell Rose was an alias for MichaelFrazier.  Additionally, police determined that money had been taken from Shearin’s account with her ATM card. 

Fennie and Frazier each implicatedthe other as the person responsible for the kidnapping and murder of Shearin.   

Codefendant Information:

Michael Frazier was also charged with First-Degree Murder,Armed Kidnapping, and Armed Robbery.  He was sentenced to lifeimprisonment due to an agreement with the State to provide information inexchange for the State agreeing not to seek the death penalty.

 Prior Incarceration History in the State ofFlorida:

Prior to the murder, Fennie had asubstantial criminal history.  The following is a summary of Fennie’s prison and community supervision history inFlorida since 1983. 

Trial Summary:

09/27/91         Indicted as follows:

                                   Count I First-Degree Murder

                                   Count II           ArmedKidnapping

                                   Count III          Armed Robbery

11/12/92         Jury returned guilty verdicts on all counts of the indictment

11/13/92         Jury recommended death by a vote of 12-0

12/01/92         Sentenced as follows:

                                   Count I First-Degree Murder – Death

                                   Count II           ArmedKidnapping – Life Imprisonment

                                   Count III          Armed Robbery –Life Imprisonment

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 80,923

648 So.2d 95

12/16/92         Appeal filed

07/07/94         FSC affirmed convictions and sentences

08/25/94         Rehearing denied

09/28/94         Mandate issued

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

USSC# 94-7030

513 U.S. 1159

11/25/94         Petition filed

02/21/95         USSC denied Petition

Circuit Court – 3.850 Motion

CC# 91-756

03/19/97         Motion filed

03/22/00         Motion amended

10/08/01         Circuit Court denied Motion

Florida Supreme Court – 3.850 Motion Appeal

FSC# 01-2480

855 So.2d 597

11/07/01         Appeal filed

07/11/03         FSC affirmed denial of 3.850 Motion

09/18/03         Rehearing denied

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 02-1180

855 So.2d 597

05/28/02         Petition filed

07/11/03         FSC denied Petition

09/18/03         Rehearing denied

10/20/03         Mandate issued

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

USSC# 03-7975

541 U.S. 975

11/03/03         Petition filed

04/05/04         USSC denied Petition

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

USDC# 03-2068

(Pending)

11/28/03         Petition filed.

01/04/11            Petition denied.

01/04/11            COA denied. 

U.S. Court ofAppeals – Habeas Petition Appeal

USCA# 11-10808

(Pending)

02/04/11          Appealfiled.

Factors Contributing to the Delay in Imposition ofSentence:

Fennie filed a Petition for Writof Habeas Corpus with the U.S. District Court, Middle District, which waspending for over seven years (11/28/03 – 01/04/11).

Case Information:

Fennie filed a Direct Appeal withthe Florida Supreme Court on 12/16/92, citing the following errors: denyingdefense counsel’s requests for pre-trial and trial continuances; denying Fennie’s request to be present at Frazier’s deposition;denying requests for expanded instructions on aggravating factors;unconstitutionality of the heinous, atrocious, or cruel and cold, calculated,premeditated aggravating factors; denying penalty-phase mistrial motion;erroneously finding aggravating factors; and unconstitutionality of Florida’sdeath penalty scheme.  On 07/07/94, the FSC affirmed Fennie’sconvictions and sentences.

Fennie filed a Petition for Writof Certiorari with the U.S. Supreme Court on 11/25/94, and the USSC denied thePetition on 02/21/95.

Fennie filed a 3.850 Motion withthe Circuit Court on 03/19/97 and amended the Motion on 03/22/00.  On10/08/01, the Circuit Court denied the Motion.

Fennie filed a 3.850 Motion Appealwith the Florida Supreme Court on 11/07/01, citing claims of ineffectiveassistance of counsel and denial of two of Fennie’s3.850 Motion claims without a hearing.  On 07/11/03, the FSC affirmed thedenial of the 3.850 Motion. 

Fennie filed a Petition for Writof Habeas Corpus with the Florida Supreme Court on 05/28/02, primarily citingclaims of ineffective assistance of appellate counsel.  On 07/11/03, theFSC denied the Petition.

Fennie filed a Petition for Writof Certiorari with the U.S. Supreme Court on 11/03/03 that was denied on04/05/04. 

Fennie filed a Petition for Writof Habeas Corpus with the U.S. District Court, Middle District, on 11/28/03.That petition was denied on 01/04/11. Fennie’sCertificate of Appealability was also denied on01/04/11.

Fennie filed a Habeas Appeal inthe U.S. Court of Appeals on 02/04/11. That appeal is pending,

________________________________________________________________________

Report Date:    07/17/03          JFL

Approved:       07/24/03          WS

Updated:         03/30/11          JJK