Jermaine Foster

Case record: Jermaine Foster

Background

Jermaine Foster was tried together with codefendants Booker, Henderson, and Catholic for crimes that arose from a series of robberies and subsequent murders and attempted murder.

The offence

Jermaine Foster, along with Alf Catholic and Booker, carried out robberies intended to address Booker’s gambling debts. The group used firearms including a .38-caliber handgun, a 9-millimeter handgun, and an Uzi-type automatic weapon.

On 11/28/92, Booker enlisted the aid of Jermaine Foster and Alf Catholic to carry out the robberies. The trio went to an area of Auburndale, Florida known as “The Hill” and approached three unknown men who were selling drugs out of their truck. After forcing the victims to remove their clothing and lie on the ground, Foster, Catholic, and Booker stole the victims’ cash, jewelry, crack cocaine, and truck.

Foster and Catholic sold some of the stolen drugs, but the proceeds were not enough to cover Booker’s gambling losses. The group then decided to find a local drug dealer and rob him as well. Booker, Foster, and Catholic left in the stolen truck, carrying the guns used in the previous robbery.

When the group could not find the intended victim, they drove to Osceola County to visit a girlfriend of Catholic and find other victims to rob. At the house of Catholic’s girlfriend, Foster, Booker, Catholic, and Leondra Henderson decided to accompany Catholic’s girlfriend and some of her friends to the Palms Bar in St. Cloud, Florida. Catholic and Foster rode with Catholic’s girlfriend, while Henderson and Booker followed in the stolen truck.

During the drive to the bar, Foster and Catholic drank liquor and smoked marijuana. When the group stopped for gas, they noticed that the truck had a broken fan belt that was causing the truck to overheat. Booker stated that they would have to steal another car for the return ride home.

At the Palms Bar, Foster, Booker, Catholic, and Henderson found a group of three men and a woman that they targeted to rob. The plan was to follow the group and rob them as they left the bar in a Nissan Pathfinder. Foster told his coconspirators that if the victims did not have any money, he was going to kill them.

To get the Pathfinder to stop, Catholic, who was driving the stolen truck, rammed the Pathfinder. When the occupants came to inspect the damage, they were ordered at gunpoint to give up their money. When they responded that they had no money, the victims were forced back into the Pathfinder. Foster held them at gunpoint and Booker drove the Pathfinder. Henderson and Catholic followed in the stolen truck.

When the stolen truck again experienced mechanical problems in the outskirts of Kissimmee, Florida, Catholic drove the truck off the main highway and to a vacant field, with Foster and Booker following in the Pathfinder. All four of the victims were ordered out of the Pathfinder, and the woman was separated from the three men.

The men were ordered to remove their clothes. Foster had the men place their underwear and hands on their head and lie face down on the ground. Foster then shot two of the men in the head, killing them instantly. He shot the third man; the man’s hand, which was on his head, stopped the bullet from killing him, and the man pretended to be dead. Foster approached the woman to kill her, but Booker prevented Foster from doing so.

Foster, Booker, Henderson, and Catholic left in the Pathfinder and later attempted unsuccessfully to dispose of it in a lake.

Investigation

The case proceeded through joint proceedings against Foster and codefendants. The record included a codefendant guilty plea by Henderson in exchange for testimony in state and federal trials.

Trial

Codefendants

• Booker, Henderson, and Catholic were also indicted for the same crimes as Foster.
• Henderson entered into a plea bargain and pled guilty to two counts of First-Degree Murder and one count of Attempted First-Degree Murder in exchange for testimony in state and federal trials. Henderson was sentenced to two concurrent life terms for the murder charges and fifteen years for the attempted murder charge.
• Booker pled guilty to all charges.
• Catholic was found guilty of all charges.

Trial summary and jury verdicts

Foster was tried and convicted in federal court on the following charges: Conspiracy to Commit Armed Carjacking, Armed Carjacking Resulting in Deaths, Armed Carjacking, and two counts of Carrying Firearms During and in Relation to a Violent Crime.

For the state trial:

• 11/09/93 — Information filed with the following charges:
  • Count I — First-Degree Murder
  • Count II — First-Degree Murder
  • Count III — Attempted First-Degree Murder
  • Counts IV–VII — Kidnapping
• 02/10/94 — Jury returned guilty verdicts on all counts of the indictment.
• 03/25/94 — Jury recommended death sentences by votes of 12-0 each.

Sentencing

On 07/25/94, Foster was sentenced as follows:

• Count I — First-Degree Murder — Death
• Count II — First-Degree Murder — Death
• Count III — Attempted First-Degree Murder — Life imprisonment
• Counts IV–VII — Kidnapping — Life imprisonment

The sentencing judge was The Honorable Gary L. Formet, Sr.

Appeals

Direct appeal

Foster filed a Direct Appeal with the Florida Supreme Court on 08/19/94, citing eleven errors. The issues primarily focused on aggravating and mitigating circumstances and the inappropriateness of the death penalty as a potential punishment.

The Florida Supreme Court affirmed Foster’s convictions and sentences on 07/18/96.

U.S. Supreme Court

Foster filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/03/96. The petition was denied on 03/17/97.

State collateral proceedings (3.850)

Foster filed a 3.850 Motion with the Circuit Court on 01/16/98 and amended the Motion on 06/01/00. On 07/08/02, the Circuit Court denied the Motion. On 07/22/02, Foster filed a Rehearing Motion that was denied on 06/20/03.

Foster filed a 3.850 Motion Appeal with the Florida Supreme Court on 07/24/03, raising the following issues: ineffective assistance of counsel, Ring and Atkins claims, and witness bias. On 03/23/06, the Florida Supreme Court affirmed the denial of the motion.

Federal habeas corpus

Foster filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 05/15/06 and amended the petition on 06/06/06. The petition was pending.

Outcome

Foster was convicted on all counts and was sentenced to death on July 25, 1994 for the two First-Degree Murder counts. He received life imprisonment sentences for the Attempted First-Degree Murder count and for the kidnapping counts.

Other details

Case information and identifiers

• Florida Supreme Court opinion 84228 opinion SC03-1331 DC# 310094
• DOB: 11/03/73
• Ninth Judicial Circuit, Osceola County
• Case # 93-346
• Date of Offense: 11/29/92
• Date of Sentence: 07/25/94
• Circumstances of Offense: Gerard Booker accrued gambling debts and decided to commit robberies to pay for his losses.

Parties and attorneys

• Sentencing Judge: The Honorable Gary L. Formet, Sr.
• Attorney, Trial: R. Kelly – Private Attorney
• Direct Appeal: George D.E. Burden – Assistant Public Defender
• Collateral Appeals: Frank Bankowitz – Registry Date of Offense: 11/29/92