Anthony Farina

Case information

Anthony Farina (born 11/20/73) was tried in the Seventh Judicial Circuit, Volusia County (Case # 92-32105). The sentencing judge was The Honorable Uriel Blount.

Trial counsel was Thomas R. Mott – Private Attorney. Direct appeal counsel was Thomas R. Mott – Private Attorney. After resentencing, direct appeal counsel was Jeffrey Dees – Private Attorney. Collateral appeals were handled by Mark Gruber – CCRC-M.

Timeline

• 05/09/92 — Anthony Farina and Jeffrey Farina approached Michelle Van Ness and Derek Mason as they were emptying trash from a Taco Bell restaurant where they worked.
• 11/18/92 — Farina was indicted on multiple charges, and a jury returned guilty verdicts for Counts I–VI and XI and not guilty verdicts on Counts VII–X.
• 11/20/92 — The jury recommended a death sentence by a vote of 7-5.
• 12/16/92 — The court sentenced Farina: Count I First-Degree Murder—Death; Counts II–IV Attempted First-Degree Murder—Life imprisonment; Count V Burglary of an Occupied Structure with Battery—Life Imprisonment; Count VI Kidnapping—Life Imprisonment; Count XI Conspiracy to Commit First-Degree Murder—Life Imprisonment.
• 04/18/96 — Florida Supreme Court affirmed convictions, vacated the death sentence, and remanded for a new sentencing hearing.
• 04/20/98 — Resentencing jury recommended a death sentence by a vote of 12-0.
• 05/07/98 — Farina was resentenced to death.
• 01/22/93 — Farina filed a Direct Appeal with the Florida Supreme Court.
• 05/21/98 — Farina filed a Direct Appeal with the Florida Supreme Court after resentencing.
• 08/16/01 — The Florida Supreme Court affirmed the death sentence.
• 03/04/02 — Farina filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 06/10/02 — The U.S. Supreme Court denied the petition.
• 04/04/03 — Farina filed a 3.851 Motion with the Circuit Court.
• 11/13/03 — Farina amended the 3.851 Motion.
• 07/12/04 — The Circuit Court denied the motion.
• 08/16/04 — Farina filed a 3.851 Motion with the Florida Supreme Court.
• 07/06/06 — The Florida Supreme Court affirmed the denial of that motion.
• 05/09/05 — Farina filed a 3.851 Motion with the Circuit Court that was pending.
• 05/31/05 — Farina filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
• 07/06/06 — The Florida Supreme Court denied the petition.

The offence

On 05/09/92, Michelle Van Ness and Derek Mason were emptying trash from a Taco Bell restaurant where they worked when Anthony Farina, 18 (a former employee at that Taco Bell restaurant), and his brother Jeffrey Farina, 16, approached them. Both brothers wore gloves. Jeffrey Farina carried a .32-caliber pistol, while Anthony Farina carried a knife and rope.

The Farinas forced Van Ness and Mason back into the restaurant. The brothers rounded up two other employees. Jeffrey Farina held three employees at gunpoint while Anthony Farina ordered Kimberly Gordon to open the safe and hand over the day’s receipts. The Farinas tied the employees’ hands behind their backs and forced them into the walk-in freezer.

Shortly thereafter, Jeffrey shot Mason in the mouth, Gary Robinson in the chest, and Van Ness in the head. Jeffrey attempted to shoot Gordon, but when the gun misfired, he stabbed her in the back. Van Ness died the next day, but all of the other victims survived the attack.

Arrest and codefendant information

Anthony and Jeffrey Farina were arrested the next day after another Taco Bell employee recognized Anthony Farina at a gas station and called the police. Anthony and Jeffrey Farina were tried together, convicted, and sentenced to death. Both of their death sentences were overturned on direct appeal.

On direct appeal after resentencing, Jeffrey’s death sentence was reduced to life imprisonment due to his age (16) at the time of the murder.

Trial

Charges

Farina was indicted on:

• Count I — First-Degree Murder
• Count II–IV — Attempted First Degree Murder
• Count V — Armed Robbery
• Count VI — Burglary of an Occupied Structure with Battery
• Count VII–X — Kidnapping
• Count XI — Conspiracy to Commit First-Degree Murder

Verdicts

The jury returned guilty verdicts for Counts I–VI and XI and not guilty verdicts on Counts VII–X.

Sentencing

On 12/16/92, the court sentenced Farina as follows:

• Count I — First-Degree Murder: Death
• Count II–IV — Attempted First-Degree Murder: Life imprisonment
• Count V — Burglary of an Occupied Structure with Battery: Life Imprisonment
• Count VI — Kidnapping: Life Imprisonment
• Count XI — Conspiracy to Commit First-Degree Murder: Life Imprisonment

The jury recommended a death sentence by a vote of 7-5 on 11/20/92.

After the death sentence was vacated and remanded, the resentencing jury recommended a death sentence by a vote of 12-0 on 04/20/98, and Farina was resentenced to death on 05/07/98.

Appeals

Direct appeal (first round)

Farina filed a Direct Appeal with the Florida Supreme Court on 01/22/93, citing numerous errors, including multiple allegations of juror selection error; denial of pretrial motions; prosecutorial error; and disproportionate sentencing compared to other crimes.

On 04/18/96, the Florida Supreme Court affirmed all convictions, but vacated the death sentence and remanded for a new sentencing hearing, citing the trial court’s erroneous excusal of a qualified prospective juror for cause.

Direct appeal (after resentencing)

Farina filed a Direct Appeal with the Florida Supreme Court on 05/21/98, citing twelve trial court errors, including claims of error in jury selection, improper admission of evidence, unfounded aggravating circumstances, and the proportionality of the death sentence. The Florida Supreme Court affirmed the death sentence on 08/16/01.

U.S. Supreme Court

Farina filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/04/02, which was denied on 06/10/02.

Post-conviction (3.851 motions)

Farina filed a 3.851 Motion with the Circuit Court on 04/04/03 and amended the Motion on 11/13/03. On 07/12/04, the Circuit Court denied the Motion.

Farina filed a 3.851 Motion with the Florida Supreme Court on 08/16/04, raising issues including newly discovered evidence, evidentiary hearing testimonies, and ineffective assistance of counsel. On 07/06/06, the Florida Supreme Court affirmed the denial of the motion.

Farina filed a 3.851 Motion with the Circuit Court on 05/09/05 that was pending.

Habeas corpus

Farina filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 05/31/05, raising ineffective assistance of counsel issues. On 07/06/06, the Florida Supreme Court denied the petition.

Outcome

Farina was sentenced to death on 12/16/92. The Florida Supreme Court vacated the death sentence and remanded for a new sentencing hearing on 04/18/96. Farina was resentenced to death on 05/07/98. The U.S. Supreme Court denied certiorari on 06/10/02.

Other details

• Farina and his brother were approached by Farina while they were emptying trash from the Taco Bell restaurant where they worked.
• The robbery involved the day’s receipts and ordering Kimberly Gordon to open the safe.
• Victims included Michelle Van Ness, Derek Mason, Kimberly Gordon, Gary Robinson, and other employees who were rounded up and held at gunpoint.
• Jeffrey shot Mason in the mouth, Gary Robinson in the chest, and Van Ness in the head. Jeffrey attempted to shoot Gordon; when the gun misfired, he stabbed her in the back.