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.
FOSTER, Jermaine (B/M)
DC# 310094
DOB: 11/03/73
Ninth Judicial Circuit, Osceola County Case # 93-346
Sentencing Judge: The Honorable Gary L. Formet, Sr.
Attorney, Trial: R. Kelly – Private
Attorney, Direct Appeal: George D.E. Burden – AssistantPublic Defender
Attorney, Collateral Appeals: Christopher J. Anderson –Registry
Date of Offense: 11/29/92
Date of Sentence: 07/25/94
Circumstances of Offense:
Gerard Booker accrued gambling debts and decided to commitrobberies to pay for his losses. On 11/28/92, Booker enlisted the aid ofJermaine Foster and Alf Catholic to carry out the robberies. Armed with a.38-caliber handgun, a 9-millimeter handgun, and an Uzi-type automatic weapon,the trio went to an area of Auburndale, Florida known as “The Hill” andapproached three unknown men who were selling drugs out of their truck. After forcing the victims to remove their clothing and lie on the ground,Foster, Catholic, and Booker stole the victims’ cash, jewelry, crack cocaine,and truck.
Foster and Catholic sold some of the stolen drugs, but theproceeds were not enough to cover Booker’s gambling losses. The group of Foster,Catholic, Booker, and Leondra Henderson, who had joined the group after theother three robbed the drug dealers, decided to find a local drug dealer androb him as well. The group left in the stolen truck, carrying the gunsused in the previous robbery. When the group was unable to find theintended victim, they drove to Osceola County to visit a girlfriend of Catholicand find other victims to rob.
At the house of Catholic’s girlfriend, Foster, Booker,Catholic, and Henderson decided to accompany Catholic’s girlfriend and some ofher friends to the Palms Bar in St. Cloud, Florida. Catholic and Fosterrode with Catholic’s girlfriend, while Henderson and Booker followed in thestolen truck. During the drive to the bar, Foster and Catholic drankliquor and smoked marijuana. When the group stopped for gas, they noticedthat the truck had a broken fan belt that was causing the truck tooverheat. Booker stated that they would have to steal another car for thereturn ride home.
While at the Palms Bar, Foster, Booker, Catholic, andHenderson found a group of three men and a woman that they targeted torob. The plan was to follow the group and rob them as they left the barin a Nissan Pathfinder. Foster told his coconspirators that if the victimsdid not have any money, he was going to kill them. In order to get thePathfinder to stop, Catholic, who was driving the stolen truck, rammed thePathfinder. When the occupants came to inspect the damage, they wereordered at gunpoint to give up their money. When they responded that theyhad no money, the victims were forced back into the Pathfinder, where Fosterheld them at gunpoint and Booker drove the Pathfinder. Henderson andCatholic followed in the stolen truck.
When the stolen truck again experienced mechanical problemsin the outskirts of Kissimmee, Florida, Catholic drove the truck off the mainhighway and to a vacant field, with Foster and Booker following in thePathfinder. All four of the victims were ordered out of the Pathfinder, andthe woman was separated from the three men. The men were ordered toremove their clothes, and Foster had the men place their underwear and hands ontheir head and lie face down on the ground. Foster then shot two of themen in the head, killing them instantly. He shot the third man, but theman’s hand, which was on his head, stopped the bullet from killing him,although he pretended to be dead. Foster approached the woman to killher, but Booker prevented Foster from doing so. Foster, Booker, Henderson, andCatholic left in the Pathfinder, which they later tried unsuccessfully todispose of in a lake.
Foster, Booker, Henderson, and Catholic were tried togetherfor the crimes.
Codefendant Information:
Booker, Henderson, and Catholic were also indicted for thesame crimes as Foster.
Henderson entered into a plea bargain and pled guilty to twocounts of First-Degree Murder and one count of Attempted First-Degree Murder inexchange for testimony in state and federal trials. He was sentenced totwo concurrent life terms for the murder charges and fifteen years for theattempted murder charge.
Booker pled guilty to all charges and Catholic was foundguilty of all charges. Booker and Catholic were both sentenced to lifeimprisonment for the murder charges and twenty-seven years imprisonment for theother charges.
Additional Information:
Foster was tried and convicted in federal court on thefollowing charges: Conspiracy to Commit Armed Carjacking, Armed CarjackingResulting in Deaths, Armed Carjacking, and two counts of Carrying FirearmsDuring and in Relation to a Violent Crime.
Trial Summary:
11/09/93 Information filed with the following charges:
Count I First-DegreeMurder
Count II First-DegreeMurder
Count III AttemptedFirst-Degree Murder
Counts IV-VII Kidnapping
02/10/94 Jury returned guilty verdicts on all counts of the indictment
03/25/94 Jury recommended death sentences by votes of 12-0 each
07/25/94 Sentenced as follows:
Count I First-DegreeMurder – Death
Count II First-DegreeMurder – Death
Count III AttemptedFirst-Degree Murder – Life imprisonment
Counts IV-VII Kidnapping– Life imprisonment
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 84,228
679 So. 2d 747
08/19/94 Appeal filed
07/18/96 FSC affirmed convictions and sentences
09/06/96 Rehearing denied
10/07/96 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 96-7011
520 U.S. 1122
12/03/96 Petition filed
03/17/97 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 93-346
01/16/98 Motion filed
06/01/00 Motion amended
07/08/02 Circuit Court denied Motion
07/22/02 Rehearing Motion filed
06/20/03 Rehearing denied
Florida Supreme Court – 3.850 Motion Appeal
FSC# 03-1331
929 So. 2d 524
07/24/03 Appeal filed
03/23/06 FSC affirmed denial of motion
05/08/06 Rehearing denied
05/24/06 Mandate issued
U.S. District Court, Middle District – Petition forWrit of Habeas Corpus
USDC# 06-648
05/15/06 Petition filed
06/06/06 Petition amended
02/19/10 Petition denied
Factors Contributing to the Delay in Imposition ofSentence:
The 3.850 Motion was pending from 01/16/98 – 07/08/02, andthe 3.850 Motion for Rehearing was pending from 07/22/02 – 06/20/03.
Case Information:
Foster filed a Direct Appeal with the Florida Supreme Courton 08/19/94, citing eleven errors, which primarily focused on aggravating andmitigating circumstances and the inappropriateness of the death penalty as apotential punishment. The FSC affirmed Foster’s convictions and sentenceson 07/18/96.
Foster filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 12/03/96 that was denied on 03/17/97.
Foster filed a 3.850 Motion with the Circuit Court on01/16/98 and amended the Motion on 06/01/00. On 07/08/02, the CircuitCourt denied the Motion. On 07/22/02, Foster filed a Rehearing Motionthat was denied on 06/20/03.
Foster filed a 3.850 Motion Appeal with the Florida SupremeCourt on 07/24/03, raising the following issues: ineffective assistance ofcounsel, Ring and Atkins claims, and witness bias. On 03/23/06, the FSCaffirmed the denial of the motion.
Foster filed a Petition for Writ of Habeas Corpus with theU.S. District Court, Middle District, on 05/15/06 and amended the petition on06/06/06. The petition was denied on 02/19/10.
Institutional Adjustment:
THE FOLLOWING ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
02/09/99 0 DISRESPECT TO OFFICIALS UNION C. I.
________________________________________________________________________
Report Date: 05/21/03 JFL
Approved: 06/10/03 WS
Updated: 03/29/10 KKR