Konstantinos Fotopoulos

Case information

Konstantinos Fotopoulos was sentenced to death on November 1, 1990.

Konstantinos “Kosta” Fotopoulos (born in Greece in 1959) left Greece in his late teens to spend his senior year in high school in the USA, staying with a relative in Chicago. After completing college and post-graduate studies he remained in the USA, becoming a naturalised citizen and marrying in October 1995.

The offence

During the summer of 1989, Konstantinos Fotopoulos began having an extra-marital affair with a bartender, Deidre Hunt, who worked at his bar.

On 10/20/89, Fotopoulos and Hunt lured Kevin Ramsey to an isolated shooting range by telling him he was to be inducted into a club. Fotopoulos intended to kill Ramsey to prevent Ramsey from blackmailing him concerning counterfeiting activities.

Fotopoulos threatened Hunt that he would kill her if she did not kill Ramsey. Ramsey was tied to a tree. Hunt shot Ramsey three times in the chest and once in the head with a .22 pistol, while Fotopoulos videotaped the shooting. Fotopoulos stopped taping and shot Ramsey once in the head with an AK-47 assault rifle.

Fotopoulos then conspired to kill his wife, Lisa Fotopoulos, in order to collect $700,000 in insurance proceeds. Fotopoulos used the videotape of Hunt killing Ramsey in order to get Hunt’s cooperation in the murder of Lisa Fotopoulos. Fotopoulos instructed Hunt to hire someone to kill Lisa Fotopoulos.

Hunt attempted to hire a man on two occasions, but the plan never materialized. A friend of Hunt’s, Lisa Henderson, led Hunt to her boyfriend, Teja James, who was hired to kill Lisa Fotopoulos for $5,000. After James botched two attempts to kill Lisa Fotopoulos, Bryan Chase was hired to kill Lisa.

After several unsuccessful attempts, Chase went to the Fotopoulos home on 11/04/89 and shot Lisa Fotopoulos once in the head, but the wound was not fatal. Fotopoulos then shot Chase repeatedly, to make the murder attempt appear to be a failed burglary.

A search of the Fotopoulos home by police found the Ramsey murder videotape, a .22 pistol, and an AK-47 assault rifle.

Investigation

In June 1990, investigators came to believe that Fotopoulos inflicted “ritualistic torture on Hunt by cutting her with razors, sucking her blood, throwing knives, burning her with cigarettes and an iron, poking her with needles, and threatening her with a gun.”

During a later court hearing after Fotopoulos’s plan fell apart, the prosecutor in his case summed up how Fotopoulos treated his mistress. The State of Florida alleged:

“a pattern of intimidation and terror inflicted upon the witness to terrorize her and break down her will ultimately and obtain complete control of her,”

and:

“They had an impact on [Hunt], in effect, paralyzed her, stopped her from feeling she could go to anyone or talk to anyone or escape from the circumstances, and that she had a growing paranoia that [Fotopoulos] had utter control of her life and she could not escape.”

During the investigation, police also considered events leading to Chase’s attack on Lisa Fotopoulos. Lisa had mentioned a curious incident that occurred about a week before when a young man attempted to rob her at the Joyland Amusement Center. Armed with a pistol, the man tried to force Lisa into a small, windowless room at the arcade, but she escaped by darting between his legs. The would-be robber fled without taking anything.

Police noted that Chase cut through the one window on the ground level that was not connected to an alarm system and questioned why a burglar would shoot a sleeping woman yet not fire at the homeowner with a gun. Police also noted that Chase had to walk past an expensive stereo system and the bedrooms of Lisa’s mother and brother before reaching her bedroom.

Before police closed the case, they looked deeper. Mike Cox, a friend of Deidre Hunt and Bryan Chase, contacted police and told investigators that Deidre had introduced him to Fotopoulos, who offered him $10,000 to kill his wife. Cox stated that he was convinced he would have ended up like Chase.

Over the course of two hours, Deidre told everything she knew, including how Kevin Ramsey was killed. She also revealed that Lisa had been targeted by hitmen five times over the past several weeks but that every attempt had failed. Deidre said Fotopoulos had wanted Lisa murdered at a Halloween party, but the crowd scared off that would-be killer and another time the hitman’s car would not start, throwing a wrench into the plan to stage a car accident and kill her there.

Out of the black bag that Fotopoulos buried the night of Chase’s attack, police found the AK-47 and .22 used to kill Kevin Ramsey. Police arrested Fotopoulos, and after Deidre led authorities to Ramsey’s remains, she and Fotopoulos were charged with two counts of first degree murder and numerous conspiracy charges.

Arrest

Police quickly arrested Fotopoulos after Deidre led authorities to Ramsey’s remains.

Trial

Charges

Fotopoulos was indicted as follows on 12/06/89 (89-7632):

• Count I - First-Degree Murder (Ramsey)
• Count II - First-Degree Murder (Chase)
• Count III - Conspiracy to Commit First-Degree Murder
• Count V - Solicitation to Commit First-Degree Murder

On 03/12/90, information presented as follows (90-1995):

• Count I - Armed Burglary
• Count II - Attempted First-Degree Murder (Lisa Fotopoulos)
• Count III - Solicitation to Commit First-Degree Murder

On 10/08/90, information presented as follows (90-6668):

• Count I - Attempted First-Degree Murder (Lisa Fotopoulos)

Trial venue changed to Putnam County on 07/17/90.

Guilty verdicts and recommendations

On 10/25/90, the jury returned guilty verdicts on all counts.

On 10/29/90, the jury recommended death by two votes of 8-4.

Sentencing

On 11/01/90, Fotopoulos was sentenced as follows (89-7632):

• Count I - First-Degree Murder – Death
• Count II - First-Degree Murder – Death
• Count III - Conspiracy to Commit First-Degree Murder – Life Imprisonment
• Count IV - Nolle prossed by the State
• Count V - Solicitation to Commit First-Degree Murder – Life Imprisonment

On 11/01/90, Fotopoulos was also sentenced as follows (90-1995):

• Counts I-III - Attempted First-Degree Murder – Life Imprisonment

On 11/01/90, Fotopoulos was also sentenced as follows (90-6668):

• Count I - Attempted First-Degree Murder – Life Imprisonment

Victims and co-defendants

Kevin Ramsey was killed in connection with the murder videotape and the .22 pistol and AK-47 assault rifle.

Lisa Fotopoulos was shot once in the head by Bryan Chase on 11/04/89, but the wound was not fatal.

Codefendant information included Deidre Hunt. Hunt was indicted for the same crimes as Fotopoulos. Hunt pled guilty to the charges and was sentenced to death for the murders of Ramsey and Chase. On appeal, her convictions were affirmed but her death sentences were vacated. Before her retrial, Hunt was allowed to withdraw her guilty verdict and proceed to trial. The jury returned guilty verdicts on all charges. On 05/07/98, Hunt was sentenced to two terms of life imprisonment.

Teja James testified for the state and was sentenced to 12 years imprisonment for Conspiracy to Commit First-Degree Murder and Attempted First-Degree Murder on 07/21/97. He was released on 09/17/01.

Plea and testimony dynamics

Faced with the videotape, Deidre withdrew her not guilty plea and pleaded guilty to two capital murder charges in May 1990. The judge held off on the penalty phase until after she testified against Fotopoulos.

As the Florida Supreme Court later wrote, the prosecutor reiterated:

“The prosecutor reiterated that the State was in no way waiving its intent to seek the death penalty, that there had been no backroom negotiations and no understanding that the State would not seek the death penalty,”

and Hunt’s attorney explained:

“‘this plea and her offer to testify and cooperate in view of the facts and circumstances is really the only sensible and logical choice under this scenario.’”

As Kosta’s trial grew nearer, Deidre balked at testifying and the state moved ahead with its sentencing hearing.

During the sentencing hearing, Deidre’s mother took the stand and said that she did not want her daughter to get the death penalty, and Carol Hunt added:

“if it happens, it happens.”

Deidre took responsibility for her acts and expressed remorse. She stood before the judge in an orange jail jumpsuit, repeatedly wiping her palms on her clothes, and testified:

“I take responsibility for my actions but I was a non-willing participant in these crimes,”

and:

“She maintained that Kosta had left her no choice. “If I had not done it, I would have died at the hands of Kosta Fotopoulos.””

She described killing Kevin Ramsey as:

“Killing Kevin Ramsey was the “most disgusting, repulsive scene I ever saw in my life,” ”

and:

“But I chose life, even with the horror, terror, fear and pain, and disgusting and degrading torture at this man’s hands.”

She also said:

“I want to express my sympathy and total compassion for what you’ve been exposed to.”

The judge sentenced her to death twice.

With Deidre’s cooperation, she testified against Fotopoulos, who was convicted and sentenced to death.

Videotape description

The videotape was shown at trial and had sound and voice experts identifying Fotopoulos as the video-camera operator. The recording included a man’s voice later positively identified as Kosta’s uttering the word:

“OK.”

Ramsey said:

“Don’t shine it in my eyes,”

Kevin said:

“God,”

Appeals

Fotopoulos filed a Direct Appeal with the Florida Supreme Court on 12/03/90, citing sixteen errors focused on inclusion of certain testimonial evidence and aggravating circumstances used in the penalty phase of trial.

On 10/15/92, the FSC affirmed the convictions and sentences.

Fotopoulos filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/23/93; it was denied on 05/17/93.

Fotopoulos filed a 3.850 Motion with the Circuit Court on 02/28/95. The motion was denied without an evidentiary hearing on 05/16/97.

Fotopoulos filed a 3.850 Motion Appeal with the Florida Supreme Court on 08/04/97, citing ineffective assistance of counsel and failure to grant an evidentiary hearing for his 3.850 Motion. On 08/25/99, the FSC dismissed the appeal without prejudice to allow the Circuit Court to hold a Huff hearing to determine if an evidentiary hearing was necessary.

A Huff hearing was held in the Circuit Court on 03/06/00. The 3.850 Motion was again denied by the Circuit Court on 06/15/00.

Fotopoulos filed a 3.850 Motion Appeal with the Florida Supreme Court on 07/20/00, citing ineffective assistance of counsel. On 12/19/02, the FSC affirmed the denial of the 3.850 Motion.

Fotopoulos filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 12/21/01, citing ineffective assistance of counsel. On 12/19/02, the FSC denied the Habeas Petition.

Fotopoulos filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District of Florida, on 11/04/03 and amended the Petition on 04/29/04. The petition was pending before the court.

Other details

Counterfeiting and federal guilty plea

In June 1990, Fotopoulos pled guilty to six federal counterfeiting charges committed from 1987–1989.

Insurance and money motives

Fotopoulos’s plan included collecting $700,000 in insurance proceeds related to the murder of his wife.

Hunt’s later retraction and sentencing

In the account of Deidre Hunt’s proceedings after her convictions, Hunt’s attorney Peter Niles contacted a warden at Broward Correctional Institution to arrange an attorney-client meeting. Niles indicated he would bring a law clerk and a cameraman to assist with videotaping, and the visit was approved. Niles advised Hunt they were not working on her case, but the people brought were from the tabloid TV show “A Current Affair.”

Niles told Hunt he was not being compensated for bringing the crew into the prison, and she would not be paid for the interview. A story aired under the headline “Deadly Deidre.”

When the revelation surfaced in 1993, the judge who heard Hunt’s guilty pleas granted Hunt’s motion to rescind them. The judge ruled:

“This court is legally obligated to find that when Mr. Niles counseled the defendant to enter guilty pleas, he was operating under a conflict of interest,”

The Florida Supreme Court wrote that Niles:

“engaged in extremely serious violations of the Rules Regulating the Florida Bar with lies and misrepresentations to his client, as well as to BCI, the public, and the legal profession as a whole through a sensational and derogatory media interview,”

and the Florida Supreme Court report also included:

“This is absolutely maddening,” said Stephen Cotter, spokesman for the state attorney’s office.

Deidre Hunt went to trial in 1996. She was convicted of two counts of first degree murder and sentenced to life in prison.

Trial scheduling and venue changes

The trial was indicted on 12/06/89 (89-7632). Venue was changed to Putnam County on 07/17/90. Information was presented on 03/12/90 (90-1995) and on 10/08/90 (90-6668). Jury verdicts were returned on 10/25/90, with the jury recommendation made on 10/29/90. Sentencing was imposed on 11/01/90.