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John Dwayne FREEMAN
Classification: Murderer
Characteristics:
Robberies
Number of victims: 2
Date of murders: October 20/November 11, 1986
Date of birth:
November 5,
1962
Victims profile: Alvin
Epps /
Leonard Collier
Method of murder: Stabbing
with knife
/ Struck
in the head with a gun
Location: Duval County,
Florida, USA
Status: Sentenced to death on November 2, 1988
The Unites States Court of Appeals For the Eleventh Circuit
Fourth Judicial Circuit, Duval
County Case # 87-3527
Sentencing Judge: The Honorable
Donald Moran
Attorney, Trial: Patrick
McGuiness & Ann Finnell – Assistant Public Defender
Attorney, Direct Appeal: Paula
Saunders – Assistant Public Defender
Attorney, Collateral Appeals:
Frank Tassone, Jr. – Registry
Date of Offense: 11/11/86
Date of Sentence: 11/02/88
Circumstances of Offense:
Leonard Collier caught John
Freeman burglarizing his home on 11/11/86. A struggle ensued, and a
neighbor heard a gunshot and the two struggling over the gun. The
neighbor witnessed Freeman gain control of the gun and repeatedly strike
Collier as he attempted to crawl away from the attack. Collier had no
bullet wounds, but was struck in the head ten to twelve times with the
gun and later died from his wounds.
Freeman was later found hiding
under a dock and was taken into police custody. A man at the dock told
police that Freeman told him that he [Freeman] had been in a fight and
police were looking for him.
At the police station, Freeman waived his
Miranda rights and admitted to the burglary, but claimed that Collier
pointed a gun at him and threatened to shoot him. Freeman admitted to
striking Collier with the gun twice and then fleeing the scene.
Additional Information:
On 10/20/86, Alvin Epps
came home to find Freeman burglarizing his home, and Freeman stabbed
Epps to death before fleeing the scene. Property stolen from Epps’
residence was later found in Freeman’s residence by Freeman’s
girlfriend. Relatives and acquaintances of Freeman reported seeing
Freeman in possession of property that was later determined to be Epps’.
On 12/04/86, Freeman was
indicted for the First-Degree Murder of Alvin Epps (Case# 86-11599), which
was committed on 10/20/86. The jury recommended a sentence of life
imprisonment, but the judge overrode the jury’s recommendation and
sentenced Freeman to death on 12/11/87.
On Direct Appeal, the Florida
Supreme Court affirmed Freeman’s conviction, but ordered Freeman’s death
sentence reduced to life imprisonment.
*****
Trial Summary:
04/23/87
Indicted as follows:
Count I First-Degree
Murder
Count II Armed Burglary
09/15/88Jury returned guilty verdicts on both counts of the indictment
09/16/88Jury recommended a death sentence by a vote of 9-3
11/02/88Sentenced as follows:
Count I First-Degree
Murder – Death
Count II Armed Burglary – 9
years
Case Information:
Freeman filed a Direct
Appeal with the Florida Supreme Court on 11/10/88, citing the following
errors: improper admission of testimonial evidence; improper comments by
the prosecutor during closing arguments; improper and unconstitutionally
vague jury instructions for the heinous, atrocious, or cruel aggravating
factor; and disproportionate application of the death penalty in this
case. On 05/31/90, the FSC affirmed the convictions and sentences.
On 10/22/90, Freeman
filed a Petition for Writ of Certiorari with the U.S. Supreme Court that
was denied on 06/28/91.
On 04/07/92, Freeman
filed a Petition for Writ of Habeas Corpus with the Florida Supreme
Court, citing issues of ineffective assistance of counsel. On 06/08/00,
the FSC denied the Habeas Petition.
On 04/12/92, Freeman
filed a 3.850 Motion in the Circuit Court that was denied on 07/28/96.
On 10/28/96, Freeman
filed a 3.850 Motion Appeal with the Florida Supreme Court, citing
issues of ineffective assistance of counsel and withholding of
exculpatory evidence by the State. On 06/08/00, the FSC remanded the
case to the Circuit Court for an evidentiary hearing on the ineffective
assistance of counsel claim.
On 07/17/01, the Trial
Court held an evidentiary hearing on the ineffective assistance of
counsel claim and then denied the Motion on 07/24/01.
On 09/12/01, Freeman
filed a 3.850 Motion Appeal with the Florida Supreme Court. On
07/11/03, the FSC affirmed the denial of the 3.850 Motion.
On 06/19/03, Freeman
filed a 3.850 Motion with the Circuit Court that was dismissed on
09/15/03.
On 02/20/04, Freeman
filed a Petition for Writ of Certiorari with the U.S. Supreme Court that
was denied on 04/26/04.
On 12/29/04, Freeman
filed a Petition for Writ of Habeas Corpus with the U.S. District Court,
Middle District that is pending.
FloridaCapitalCases.state.fl.us
SEX: M
RACE: W TYPE: T MOTIVE: CE
MO: Beat/stabbed burglary
victims.
DISPOSITION: Life term + 34
years on one count, 1987; condemned, 1988.
Michael Newton - An Encyclopedia of Modern Serial
Killers
