Alfred Lewis Fennie

Case record: Alfred Lewis Fennie

Other details

Alfred Lewis Fennie was also known by the alias “Ezell Foster.”

Fennie was indicted and tried in the Fifth Judicial Circuit, Hernando County, Case # 91-756.

The sentencing judge was The Honorable Jack Springstead.

At trial, the Assistant Public Defender attorneys were Alan Fanter and Hugh Lee. Michael S. Becker was the Assistant Public Defender attorney for the direct appeal. D. Todd Doss was listed for collateral appeals (Registry).

Fennie’s date of birth was 12/28/61.

The Registry date was DC# 490989.

The date of offense was 09/08/91.

The date of sentence was 12/01/92.

The case was associated with “Florida Supreme Court opinion 80923 opinion SC01-2480 AKA Ezell Foster.”

Timeline

• 09/08/91 — Mary Shearin left her home, driving a 1986 Cadillac.
• 09/08/91 — Two men found a body lying face down on the side of a road.
• 09/08/91 — Police officers discovered that the hands were bound behind the back and the victim had been shot once in the back of the head.
• 09/09/91 — Police found Shearin’s vehicle being driven by two men who identified themselves as Ezell Foster and Ansell Rose.
• 09/09/91 — 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.
• 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 — Fennie was sentenced: Count I death; Count II life imprisonment; Count III life imprisonment.
• 12/16/92 — Fennie filed a Direct Appeal with the Florida Supreme Court.
• 07/07/94 — The Florida Supreme Court affirmed Fennie’s convictions and sentences.
• 11/25/94 — Fennie filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 02/21/95 — The U.S. Supreme Court denied the Petition.
• 03/19/97 — Fennie filed a 3.850 Motion with the Circuit Court.
• 03/22/00 — Fennie amended the 3.850 Motion.
• 10/08/01 — The Circuit Court denied the 3.850 Motion.
• 11/07/01 — Fennie filed a 3.850 Motion Appeal with the Florida Supreme Court.
• 05/28/02 — Fennie filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
• 07/11/03 — The Florida Supreme Court affirmed the denial of the 3.850 Motion.
• 07/11/03 — The Florida Supreme Court denied the Petition for Writ of Habeas Corpus.
• 11/03/03 — Fennie filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 11/28/03 — Fennie filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, pending.
• 04/05/04 — The U.S. Supreme Court denied the Petition for Writ of Certiorari.

Background

Mary Shearin left her home on 09/08/91, driving a 1986 Cadillac.

The offence

On 09/08/91, two men found a body lying face down on the side of a road.

Police 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.

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.

Investigation

After the vehicle 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.

Police later determined that Ezell Foster was an alias for Alfred Fennie and that Ansell Rose was an alias for Michael Frazier.

People involved

• Mary Shearin — victim; her body was later determined to be the body found on 09/08/91.
• Alfred Lewis Fennie — defendant; also known by the alias “Ezell Foster.”
• Michael Frazier — codefendant; identified in the investigation as Ansell Rose; also charged with First-Degree Murder, Armed Kidnapping, and Armed Robbery.
• Ansell Rose — alias used by one of the men found driving Shearin’s vehicle; police determined Ansell Rose was an alias for Michael Frazier.
• Ezell Foster — alias used by one of the men found driving Shearin’s vehicle; police determined Ezell Foster was an alias for Alfred Fennie.
• Alan Fanter — Assistant Public Defender attorney at trial.
• Hugh Lee — Assistant Public Defender attorney at trial.
• Jack Springstead — sentencing judge.
• Michael S. Becker — Assistant Public Defender attorney for direct appeal.
• D. Todd Doss — collateral appeals (Registry).

Trial

On 09/27/91, Fennie was indicted on:

• Count I — First-Degree Murder
• Count II — Armed Kidnapping
• Count III — Armed Robbery

On 11/12/92, the jury returned guilty verdicts on all counts of the indictment.

On 11/13/92, the jury recommended death by a vote of 12-0.

Sentencing

On 12/01/92, Fennie was sentenced as follows:

• Count I — First-Degree Murder — Death
• Count II — Armed Kidnapping — Life Imprisonment
• Count III — Armed Robbery — Life Imprisonment

Codefendant information: Michael Frazier 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.

Appeals

Direct appeal to the Florida Supreme Court

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.

U.S. Supreme Court petition (certiorari)

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

3.850 motion and subsequent appeal

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.

Florida Supreme Court habeas corpus petition

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.

U.S. Supreme Court petition (certiorari) after 2003 habeas filings

Supreme Court on 11/03/03, denied on 04/05/04.

U.S. District Court habeas corpus petition (pending)

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