Charles Kenneth Foster

Case information

Charles Kenneth Foster was indicted in the Fourteenth Judicial Circuit, Bay County, Case # 75-486.

• Date of birth (DOB): 10/20/46
• Sentencing judge: The Honorable Mercer P. Spear
• Date of offense: 07/15/75
• First date of sentence: 10/04/75

The offence

On 07/15/75, Charles Foster and the victim, Julian Lanier, met two girls at a bar who agreed to go somewhere else to drink with the two men. Lanier bought whiskey and cigarettes and the four left in Lanier’s camper-trailer.

Foster and the girls had planned for Lanier to have sex with one of the girls in exchange for money. The vehicle was parked in a deserted area and Lanier and one of the girls began to undress.

Foster then hit Lanier, put a knife to Lanier’s throat and cut his neck. Lanier was then dragged into the bushes where he was laid face down and covered with pine branches and leaves.

Lanier continued to breathe, so Foster took a knife and cut Lanier’s spine at the base of his neck.

The girls and Foster then drove away in Lanier’s vehicle and found his wallet underneath a mattress. Foster and the girls split the money in the wallet and left the vehicle in a motel parking lot.

One of the girls reported the crime and was not charged.

Trial

Foster was indicted as follows:

• Count I: First-Degree Murder
• Count II: Robbery

Trial summary and verdicts

• 08/07/75 — Indicted as follows: Count I First-Degree Murder; Count II Robbery
• 10/03/75 — Jury returned guilty verdicts on both counts
• 10/04/75 — Jury unanimously recommended a death sentence for the murder conviction
• 10/04/75 — Jury recommended a death sentence on the murder conviction by a vote of 8-4

Sentencing

On 10/04/75, Foster was sentenced as follows:

• Count I (First-Degree Murder): Death
• Count II (Robbery): Life imprisonment

Resentencing history

• 06/18/90 — Resentenced to death; the jury recommended a death sentence by a vote of 8-4.
  • This resentencing occurred as the result of the FSC vacating the original death sentence on 12/03/87.
• 08/12/93 — Resentenced to death; the jury recommendation was the same 8-4 vote as on 06/18/90.
  • This resentencing occurred as the result of the FSC remanding the case for a new sentencing order on 10/22/92.

Appeals and collateral proceedings

Direct appeal and U.S. Supreme Court

Foster filed a Direct Appeal with the Florida Supreme Court on 11/18/75, citing the following issues: the trial court erred in striking jurors because of objections to the death penalty, admitting prejudicial photographic evidence, no consideration of a mitigating circumstance, and the death penalty statute is unconstitutional.

• 02/22/79 — The Florida Supreme Court affirmed the conviction and death sentence.

Foster filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 08/06/79; it was denied on 10/01/79.

Death warrant and early post-conviction proceedings

• 05/05/81 — Governor Graham signed a death warrant and the execution was scheduled for 06/03/81.

Foster filed a 3.850 Motion with the Circuit Court on 05/13/81; it was denied on 05/15/81.

Foster filed a 3.850 Motion Appeal and Application for Stay of Execution with the Florida Supreme Court on 05/15/81, citing ineffective assistance of counsel and incompetency during the trial.

• 05/28/81 — The Florida Supreme Court affirmed the denial of the 3.850 Motion and denied the Application for Stay of Execution.

Foster filed a federal Petition for Writ of Habeas Corpus and Stay of Execution with the U.S. District Court on 05/26/81, citing many issues, but all involve claims of ineffective assistance of counsel and competency during trial.

• 07/02/81 — The U.S. District Court denied the Petition and Stay of Execution.

Foster filed an appeal of the U.S. District Court’s denial of his Habeas Petition with the U.S. Court of Appeals on 07/08/81, citing ineffective assistance of counsel, constitutionality of jury instructions regarding aggravating and mitigating circumstances, use of non-record material in sentencing review by the FSC, and constitutionality of jury instructions regarding non-statutory mitigating circumstances.

• 06/27/83 — The U.S. Court of Appeals vacated the judgment of the U.S. District Court and ordered the U.S. District Court to order the Circuit Court to enter findings of fact regarding the sentencing phase of trial.

Supreme Court on 03/19/84; it was denied on 05/14/84.

Further death warrants and petitions

• 09/19/84 — Governor Graham signed a death warrant and the execution was scheduled for 10/16/84.

Foster filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/05/84, citing lack of meaningful appellate review of his sentence, no consideration of mitigating circumstances by the trial judge, and lack of proportionality in sentencing.

• 10/10/84 — The Florida Supreme Court denied this Petition.

Foster filed a federal Petition for Writ of Habeas Corpus with the U.S. District Court on 10/12/84, citing ineffective assistance of counsel.

• 06/05/86 — The U.S. District Court denied this Petition.

District Court decision to deny the Habeas Petition with the U.S. Court of Appeals on 08/08/86.

• 07/16/87 — The U.S. Court of Appeals affirmed the U.S. District Court decision.

More 3.850 motions and related relief

Foster filed a 3.850 Motion with the Circuit Court on 01/29/87; it was denied on 02/05/87.

Foster filed a 3.850 Motion Appeal on 03/06/87 and a Petition for Writ of Habeas Corpus on 05/26/87 with the Florida Supreme Court, citing error in that the trial court did not consider non-statutory mitigating evidence.

• 12/03/87 — The Florida Supreme Court affirmed the denial of the 3.850 motion, but granted the Habeas petition. The result was the vacating of the death sentence, and a new sentencing hearing being ordered in which all mitigating evidence could be presented.

Two petitions for Writs of Certiorari were filed with the U.S. Supreme Court:

• One petition was an appeal of the U.S. Court of Appeals decision filed on 12/02/87 (filed by Foster).

• The other petition was of the Florida Supreme Court decision filed on 04/11/88 (filed by the State).

• 06/30/88 — The U.S. Supreme Court denied these Petitions.

Foster filed a 3.850 Motion with the Circuit Court on 06/01/90; it was denied on 07/18/90.

Foster was resentenced to death on 06/18/90.

Resentencing direct appeal and U.S. Supreme Court

After resentencing, Foster filed a Direct Appeal and 3.850 Motion Appeal with the Florida Supreme Court on 09/20/90, citing numerous issues.

The Florida Supreme Court vacated the death sentence, remanding to the Circuit Court for a new sentencing order, but affirmed the denial of the 3.850 motion.

Foster was resentenced to death on 08/12/93.

Supreme Court on 06/30/93; it was denied on 11/01/93.

Subsequent direct appeal

After resentencing, Foster filed a Direct Appeal with the Florida Supreme Court on 09/10/93, raising three claims: the death penalty is not proportionate in this case, the trial court erred in concluding that a conflict existed with mental health mitigating circumstances, and the trial court’s instruction regarding the cold, calculated, and premeditated aggravating circumstance was flawed.

• 02/23/95 — The Florida Supreme Court affirmed the death sentence.

Supreme Court on 08/07/95; it was denied on 10/10/95