John Dwayne Freeman
Murderer
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- Gender
- male
- Country
- USA
- Location
- Duval County, Florida, USA
- Date of birth
- November 5, 1962
- Age at first offence
- 24
- Characteristics
- robbery
- Victim profile
- Alvin Epps / Leonard Collier
- Method of murder
- St abbing with knife / S truck in the head with a gun
- Date(s) of murder
- October 20/November 11, 1986
- Years active
- 1986
- Date of arrest
- —
- Status
-
Sentenced to death
Sentenced to death on November 2, 1988
Case information
John Dwayne Freeman was sentenced to death on November 2, 1988.
The case involved the Fourth Judicial Circuit, Duval County, and was listed as Case # 87-3527.
The sentencing judge was The Honorable Donald Moran.
Trial counsel were Patrick McGuiness and Ann Finnell – Assistant Public Defender.
Direct appeal counsel was Paula Saunders – Assistant Public Defender Attorney.
Collateral appeals counsel was Frank Tassone, Jr. – Registry.
The date of offense was 11/11/86.
Freeman’s date of sentence was 11/02/88.
The circumstances of the offense involved Leonard Collier, who caught John Freeman burglarizing his home on 11/11/86.
The offence
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.
Other offence information
On 10/20/86, Alvin Epps came home to find Freeman burglarizing his home.
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.
Investigation
A neighbor heard a gunshot during the struggle over the gun.
The neighbor witnessed Freeman gain control of the gun and repeatedly strike Collier as he attempted to crawl away.
After Freeman was found hiding under a dock and 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.
Freeman admitted to the burglary, but claimed that Collier pointed a gun at him and threatened to shoot him.
Trial
Indictment and counts
On 04/23/87, Freeman was indicted as follows:
- Count I First-Degree Murder
- Count II Armed Burglary
Verdict and sentencing recommendation
On 09/15/88, the jury returned guilty verdicts on both counts of the indictment.
On 09/16/88, the jury recommended a death sentence by a vote of 9-3.
Sentencing
On 11/02/88, Freeman was sentenced as follows:
- Count I First-Degree Murder – Death
- Count II Armed Burglary – 9 years
Appeals and post-conviction
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;
- disproportionate application of the death penalty in this case.
On 05/31/90, the Florida Supreme Court affirmed the convictions and sentences.
On 10/22/90, Freeman filed a Petition for Writ of Certiorari with the U.S. Supreme Court, which 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 Florida Supreme Court 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 Florida Supreme Court 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 Florida Supreme Court 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.
Timeline
- 11/05/62 — Freeman’s date of birth (DOB).
- 10/20/86 — Alvin Epps came home to find Freeman burglarizing his home; Freeman stabbed Epps to death and fled; property stolen from Epps’ residence was later found in Freeman’s residence by Freeman’s girlfriend.
- 11/11/86 — Leonard Collier caught Freeman burglarizing his home; a struggle ensued; Collier was struck in the head ten to twelve times with the gun and later died from his wounds.
- 12/04/86 — Freeman was indicted for the First-Degree Murder of Alvin Epps (Case# 86-11599).
- 04/23/87 — Freeman was indicted on the present counts: Count I First-Degree Murder and Count II Armed Burglary.
- 09/15/88 — The jury returned guilty verdicts on both counts.
- 09/16/88 — The jury recommended a death sentence by a vote of 9-3.
- 11/02/88 — Freeman was sentenced: Count I First-Degree Murder – Death; Count II Armed Burglary – 9 years.
- 11/10/88 — Freeman filed a Direct Appeal with the Florida Supreme Court.
- 05/31/90 — The Florida Supreme Court affirmed the convictions and sentences.
- 10/22/90 — Freeman filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
- 06/28/91 — The U.S. Supreme Court denied the Petition for Writ of Certiorari.
- 04/07/92 — Freeman filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
- 04/12/92 — Freeman filed a 3.850 Motion in the Circuit Court.
- 07/28/96 — The Circuit Court denied the 3.850 Motion.
- 10/28/96 — Freeman filed a 3.850 Motion Appeal with the Florida Supreme Court.
- 06/08/00 — The Florida Supreme Court denied the Habeas Petition and remanded the case for an evidentiary hearing on ineffective assistance of counsel.
- 07/17/01 — The trial court held an evidentiary hearing on the ineffective assistance of counsel claim.
- 07/24/01 — The trial court denied the motion after the evidentiary hearing.
- 09/12/01 — Freeman filed a 3.850 Motion Appeal with the Florida Supreme Court.
- 07/11/03 — The Florida Supreme Court affirmed the denial of the 3.850 Motion.
- 06/19/03 — Freeman filed a 3.850 Motion with the Circuit Court.
- 09/15/03 — The Circuit Court dismissed the 3.850 Motion.
- 02/20/04 — Freeman filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
- 04/26/04 — The U.S.
- 12/29/04 — Freeman filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District.
Outcome
Freeman was convicted on both counts of the indictment and was sentenced to death on Count I and 9 years on Count II.
The Florida Supreme Court affirmed Freeman’s convictions and sentences on 05/31/90.
The U.S. Supreme Court denied Freeman’s petition for writ of certiorari on 06/28/91.
The Florida Supreme Court denied Freeman’s habeas petition on 06/08/00.
The Circuit Court denied Freeman’s 3.850 Motion on 07/28/96.
The Florida Supreme Court affirmed the denial of the 3.850 Motion on 07/11/03.
The Circuit Court dismissed Freeman’s subsequent 3.850 Motion on 09/15/03.
The U.S. Supreme Court denied Freeman’s petition for writ of certiorari on 04/26/04.
Freeman’s Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, was pending as of 12/29/04.
Other details
Freeman was listed with SEX: M RACE: W.
The motive was listed as: CE.
The record included: MOTIVE: CE MO: Beat/stabbed burglary victims.
Disposition was
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