Anthony Neal Washington

Case information

• Name: Anthony Neal Washington
• Date of birth: 09/27/56
• Court (opinion): Supreme Court of Florida, opinion SC00-1435
• DC number: 075465
• Sixth Judicial Circuit: Pinellas County
• Case number: 90-6491
• Sentencing judge: The Honorable Susan S. Schaeffer

People

• Victim: 93-year-old Alice Berdat

Background

On the morning of 08/17/89, the body of 93-year-old Alice Berdat, having been severely beaten and bruised, was found murdered in her home. The medical examiner’s report showed that there was evidence of both vaginal and anal rape, as well as 17 fractured ribs.

Anthony Neal Washington was incarcerated in the Largo Community Correctional Work Release Center, which was located 2.1 miles from Berdat’s house.

On the morning of 08/17/89, Washington was seen leaving for his job at Cocoa Masonry at 6:00 a.m., and returned to the center at exactly 9:17 a.m. Records showed that he did not work at his job that morning.

Approximately two weeks later on 08/31/89, investigator Michael Darroch interviewed a few of Washington’s co-workers at Cocoa Masonry. The co-workers told the investigator that they had seen Washington arrive at work for a short while the morning of 08/17/89, where he proceeded to sell a gold watch to fellow employee Robert Leacock. Investigators later identified the watch as belonging to Alice Berdat.

Darroch visited Leacock at his home where they showed him a picture of Washington. Leacock identified Washington from the picture as being the man who had sold him the watch.

On 09/05/89, Washington was brought into the police station in Zephyrhills for questioning in an unrelated sexual battery investigation. Darroch did not inform Washington that he was a suspect in the investigation of Alice Berdat’s murder.

While at the police station, Washington gave hair and blood samples to the investigators, which he assumed would clear him of any suspicion in the sexual battery case for which he was being investigated. Washington was linked to the murder of Alice Berdat through the hair and blood he provided for the police. Washington moved to suppress the hair and blood from being used in court, but the trial court admitted the samples as evidence.

Investigation

• Investigator Michael Darroch interviewed co-workers at Cocoa Masonry on 08/31/89, and later visited Robert Leacock at his home.
• Darroch obtained Leacock’s identification of Washington from a picture.
• Washington was linked to the murder through hair and blood samples provided during questioning in an unrelated sexual battery investigation.

Trial

Indictment

On 04/12/90, the defendant was indicted on:

• Count I: First-Degree Murder
• Count II: Burglary of a Dwelling with a Battery
• Count III: Sexual Battery

Verdicts

On 07/16/92, the jury returned guilty verdicts on all counts.

Advisory sentencing and override

On 07/17/92, upon advisory sentencing, the jury recommended life in prison with possibility for parole after 25 years. Judge Schaeffer overruled the jury’s recommendation and sentenced Anthony Washington to death.

Sentencing

On 09/04/92, Washington was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Burglary of a Dwelling with a Battery — Life
• Count III: Sexual Battery — Life

Appeals

Direct appeal

On 09/30/92, Anthony Washington filed a Direct Appeal in the Florida Supreme Court. Washington claimed:

• Denying his motion to suppress the blood sample violated his Fourth and Fourteenth Amendments.
• The identification by Leacock was obtained by a suggestive procedure, and the trial court erred in denying his motion to suppress.
• The trial court erred in not allowing him to depose DNA technician Anne Baumstark.
• By not calling Baumstark as a witness, the state did not lay proper predicate for the DNA test results to be admitted as evidence.
• The trial court judge incorrectly overrode the jury’s recommendation of life imprisonment and sentenced him to death.

The judge overruled the jury’s recommendation of life imprisonment with chance for parole after 25 years and imposed a sentence of death based on aggravating factors.

The Florida Supreme Court affirmed Washington’s conviction and sentence on 12/08/94.

United States Supreme Court

On 07/24/95, Washington filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 10/30/95.

State post-conviction (3.850)

• On 03/28/97, Washington filed a 3.850 Motion in the State Circuit Court; it was denied on 06/06/00.
• Washington appealed that decision in the Florida Supreme Court; it was affirmed on 11/14/02.
• On 04/26/01, Washington filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court, which was also denied on 11/14/02.
• On 02/19/03, Washington filed another 3.850 Motion in the State Circuit Court; it was denied on 11/19/03.
• On 01/06/04, Washington filed an Habeas Appeal in the Florida Supreme Court; the Florida Supreme Court affirmed the denial of the 3.850 Motion on 05/12/05.
• On 07/29/05, Washington filed another 3.850 Motion in the State Circuit Court; it was denied on 10/17/05.

State and federal habeas

• On 02/21/03, Washington filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District. The case was closed on 03/14/03 and held in abeyance until the resolution of state proceedings.

Additional federal petition

• On 02/21/03, Washington filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District; the case was closed on 03/14/03 and held in abeyance until the resolution of state proceedings.
• On 09/30/05, Washington filed a Petition for Writ of Certiorari in the United States Supreme Court; it was denied on 12/05/05.

Florida Supreme Court appeal (3.853)

• On 12/06/05, Washington filed a 3.853 Appeal in the Florida Supreme Court. The appeal was currently pending.

Timeline

• 08/17/89 — The body of 93-year-old Alice Berdat was found murdered in her home; medical evidence included vaginal and anal rape and 17 fractured ribs.
• 08/17/89 — Washington was seen leaving for his job at Cocoa Masonry at 6:00 a.m. and returning to the center at 9:17 a.m.; records showed he did not work that morning.
• 08/31/89 — Investigator Michael Darroch interviewed co-workers at Cocoa Masonry about Washington arriving and selling a gold watch to Robert Leacock.
• 09/05/89 — Washington was brought into the Zephyrhills police station for questioning in an unrelated sexual battery investigation and provided hair and blood samples.
• 04/12/90 — Washington was indicted on first-degree murder, burglary of a dwelling with a battery, and sexual battery.
• 07/16/92 — The jury returned guilty verdicts on all counts.
• 07/17/92 — The jury recommended life in prison with possibility for parole after 25 years; Judge Susan S. Schaeffer overruled the recommendation and sentenced Washington to death.
• 09/04/92 — Washington was sentenced: death for first-degree murder; life for burglary with battery; life for sexual battery.
• 09/30/92 — Washington filed a direct appeal in the Florida Supreme Court.
• 12/08/94 — The Florida Supreme Court affirmed Washington’s conviction and sentence.
• 07/24/95 — Washington filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 10/30/95 — The United States Supreme Court denied certiorari.
• 03/28/97 — Washington filed a 3.850 Motion in the State Circuit Court.
• 06/06/00 — The 3.850 Motion was denied.
• 11/14/02 — The Florida Supreme Court affirmed the denial of the 3.850 Motion.
• 04/26/01 — Washington filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 11/14/02 — The habeas petition was denied.
• 02/19/03 — Washington filed another 3.850 Motion in the State Circuit Court.
• 11/19/03 — The second 3.850 Motion was denied.
• 02/21/03 — Washington filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District.
• 03/14/03 — The federal case was closed and held in abeyance until state proceedings resolved.
• 01/06/04 — Washington filed an Habeas Appeal in the Florida Supreme Court.
• 05/12/05 — The Florida Supreme Court affirmed the denial of Washington’s 3.850 Motion.
• 07/29/05 — Washington filed a 3.850 Motion in the State Circuit Court.
• 10/17/05 — The 3.850 Motion was denied.
• 09/30/05 — Washington filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 12/05/05 — The United States Supreme Court denied certiorari.
• 12/06/05 — Washington filed a 3.853 Appeal in the Florida Supreme Court.

Outcome

Washington’s convictions were affirmed by the Florida Supreme Court on 12/08/94, and his sentence was affirmed along with the conviction.

Other details

Legal representation

• Trial attorneys: Frank Louderback, Esq. & Thomas McCoun, Esq.
• Direct appeal attorney: Robert F. Moeller - Assistant Public Defender
• Collateral appeals: Richard Kiley & James Viggiano - CCRC-M

Evidence and motions

• Washington provided hair and blood samples after being questioned for an unrelated sexual battery investigation, and he was linked to Alice Berdat’s murder through those samples.
• Washington moved to suppress the hair and blood samples, but the trial court admitted them as evidence.
• Washington challenged the identification procedure involving Leacock and challenged admission of DNA test results, including claims about deposition of Anne Baumstark and predicate for the DNA results.