John Dwayne Freeman | Murderpedia, the encyclopedia of murderers

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

opinion 07-11658




Florida Supreme Court

opinion 71756	opinion SC89199





DC# 072746 DOB: 11/05/62 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 09/15/88 Jury returned guilty verdicts on both counts of the indictment 09/16/88 Jury recommended a death sentence by a vote of 9-3 11/02/88 Sentenced 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**