The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

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Last NameFirst NamePictureDC NumberAgencyCase Summary
FosterJermaine 310094RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
5/15/2006USDC06-648Habeas Corpus
8/10/2009USDC06-648Case held in abeyance for 75 days

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
AndersonChristopher J.Atlantic Beach, FL645 Mayport Rd, Suite 4-G32233-3400904/246-4448Email


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date

Last Updated

2008-01-09 11:43:13.0

Case Summary
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The Commission on Capital Cases updates this information regularly

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:





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