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Alfred Lewis FENNIE

 

 
 
 

 

 

 

 


A.K.A.: "Ezell Foster"
 
Classification: Murderer
Characteristics: Kidnapping - Robbery
Number of victims: 1
Date of murder: September 8, 1991
Date of arrest: Next day
Date of birth: December 28, 1961
Victim profile: Mary Elaine Shearin
Method of murder: Shooting (.25 caliber pistol)
Location: Hernando County, Florida, USA
Status: Sentenced to death on December 1, 1992
 
 
 
 
 

Florida Supreme Court
 
opinion 80923 opinion SC01-2480
 
 
 
 
 
 

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 – Assistant Public 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 her home, driving a 1986 Cadillac.  Later that day, two men found a body lying face down on the side of a road.  Police officers discovered that the hands were bound behind the back and the victim had been shot once in the back of the head.  Police later determined the body to be that of Mary Shearin.

On 09/09/91, police found Shearin’s vehicle being driven by two men, who identified themselves as Ezell Foster and Ansell Rose.  After the car was impounded, police found the .25 caliber pistol that fired the bullet recovered from Shearin’s body and a piece of rope that matched the rope used to bind Shearin’s hands.

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

Fennie and Frazier each implicated the 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 life imprisonment due to an agreement with the State to provide information in exchange for the State agreeing not to seek the death penalty.

Prior Incarceration History in the State of Florida:

Prior to the murder, Fennie had a substantial criminal history. 

Trial Summary:

09/27/91          Indicted as follows:

Count I             First-Degree Murder

Count II            Armed Kidnapping

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            Armed Kidnapping – Life Imprisonment

Count III           Armed Robbery – Life Imprisonment

Case Information:

Fennie filed a Direct Appeal with the Florida Supreme Court on 12/16/92, citing the following errors: denying defense 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’s death penalty scheme. 

On 07/07/94, the FSC affirmed Fennie’s convictions and sentences.

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

Fennie filed a 3.850 Motion with the Circuit Court on 03/19/97 and amended the Motion on 03/22/00.  On 10/08/01, the Circuit Court denied the Motion.

Fennie filed a 3.850 Motion Appeal with the Florida Supreme Court on 11/07/01, citing claims of ineffective assistance of counsel and denial of two of Fennie’s 3.850 Motion claims without a hearing.  On 07/11/03, the FSC affirmed the denial of the 3.850 Motion.

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

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

Fennie filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 11/28/03 that is pending.

FloridaCapitalCases.state.fl.us
 

 
 
 
 
 
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