Fred Anderson

Parties and case identifiers

Fred Anderson, Jr., was the appellant in Fred Anderson, Jr., Appellant, vs. State of Florida, Appellee (863 So. 2d 169).

The case information included:

• District: Fifth Judicial Circuit
• Location: Lake County
• Case #: 99-572
• DC#: 218693
• Date of birth: 06/26/68

Background

Fred Anderson was convicted and sentenced to death for the murder of a bank teller that occurred while he was robbing United Southern Bank in Mount Dora, Florida.

Prior to the robbery of United Southern Bank and the murder of Heather Young, Fred Anderson was on community control for grand theft. As a condition of his community control, Anderson was ordered to pay $4,000 in restitution, but as of March 1999, he had only paid $100. Facing one year at a probation center for violating the conditions of his community control, Anderson decided to rob the United Southern Bank to get the money to pay his restitution.

On 03/18/99, Anderson stole a loaded revolver from one of his neighbors.

On 03/20/99, Anderson returned to United Southern Bank, bearing a gift of doughnuts and orange juice as a token of his appreciation for the bank’s help with his finance paper. Heather Young and Marisha Scott were the only two employees there, since the bank was scheduled to close at noon.

The offence

On 03/20/99, Anderson returned to United Southern Bank with two loaded guns and ordered the women into the vault.

Anderson demanded the women fill a trash can liner with money.

Anderson asked the women who wanted to die first and began shooting.

During the course of the robbery, Sherry Howard entered the bank with her children. She saw Anderson in the vault and heard gunshots. Howard quickly exited the bank and called the police.

Paramedics entered to administer aid to the victims after the bank was secured. Heather Young died in transit to the hospital and Marisha Scott survived, but was paralyzed.

Investigation and arrest

The first officer on the scene caught Anderson ripping a VCR containing the bank’s security video from the wall. The officer ordered Anderson to “drop the stuff” and Anderson complied.

Trial

The defendant was indicted on the following counts:

• Count I: Burglary of a Structure
• Count II: Grand Theft Firearm
• Count III: Armed Robbery
• Count IV: Attempted First-Degree Murder (Marisha Scott)
• Count V: First-Degree Murder (Heather Young)

Motions

• 10/02/00: Motion for Judgment of Acquittal as to Count I, Burglary of a Structure, was requested and granted.

Verdict

• 10/03/00: The jury found the defendant guilty as to Counts II-V.

Advisory sentencing

• 10/05/00: Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the imposition of the death penalty.

Sentencing

• 01/11/01: The defendant was sentenced as follows:
  • Count I: Burglary of a Structure — Acquitted
  • Count II: Grand Theft Firearm — 5 years
  • Count III: Armed Robbery — Life
  • Count IV: Attempted First-Degree Murder (Marisha Scott) — Life
  • Count V: First-Degree Murder (Heather Young) — Death

The sentencing judge was The Honorable G. Richard Singletary.

Appeals

Florida Supreme Court direct appeal

On 02/12/01, Anderson filed a Direct Appeal in the Florida Supreme Court.

Anderson did not raise any issues challenging the sufficiency of evidence against him.

Regarding the penalty phase, he argued the consideration and application of aggravating and mitigating circumstances, specifically:

• the cold, calculated and premeditated (CCP) aggravator and
• the pecuniary gain aggravator

Anderson also contended that the trial court erred by allowing testimony regarding blood pattern analysis and by admitting photographs of victim Marisha Scott into evidence.

Anderson argued that improper comments made by a forensic serologist and by the prosecutor violated his right to a fair trial.

The Florida Supreme Court affirmed his convictions and sentence of death on 09/25/03.

United States Supreme Court certiorari

Anderson next filed a Petition for Writ of Certiorari in the United States Supreme Court on 12/18/03, which was denied on 03/22/04.

Collateral proceedings

Anderson filed a 3.851 Motion with the Circuit Court on 03/18/05.

On 01/23/06, an Evidentiary Hearing was held. The motion was pending.

Timeline

• 03/18/99 — Anderson stole a loaded revolver from one of his neighbors.
• 03/20/99 — Anderson returned to United Southern Bank, with doughnuts and orange juice, and committed the robbery and shootings; Heather Young died in transit and Marisha Scott survived but was paralyzed.
• 10/02/00 — Motion for Judgment of Acquittal as to Count I (Burglary of a Structure) was requested and granted.
• 10/03/00 — The jury found the defendant guilty as to Counts II-V.
• 10/05/00 — The jury voted for the imposition of the death penalty (12 to 0) upon advisory sentencing.
• 01/11/01 — Sentencing: acquitted on Count I; sentenced to 5 years on Count II; life on Count III; life on Count IV; death on Count V.
• 02/12/01 — Anderson filed a Direct Appeal in the Florida Supreme Court.
• 09/25/03 — Florida Supreme Court affirmed convictions and sentence of death.
• 12/18/03 — Anderson filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 03/22/04 — Petition for Writ of Certiorari was denied.
• 03/18/05 — Anderson filed a 3.851 Motion with the Circuit Court.
• 01/23/06 — Evidentiary Hearing was held; the motion was pending.

Trial participants

• Attorney, Criminal Trial: William Stone — Assistant Public Defender
• Attorneys, Direct Appeal: J. Wulchak & G. Burden — Assistant Public Defenders
• Attorneys, Collateral Appeals: Eric Pinkard & James Driscoll — CCRC-M

Other details

The offense circumstances included that Anderson decided to rob the bank to get money to pay restitution owed as a condition of community control for grand theft.