The Commission on Capital Cases updates this information regularly

The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.

WASHINGTON, Anthony Neal (B/M)

DC # 075465

DOB: 09/27/56

Sixth Judicial Circuit, Pinellas County, Case #90-6491

Sentencing Judge: The Honorable Susan S. Schaeffer

Attorneys, Trial: Frank Louderback, Esq. & Thomas McCoun, Esq.

Attorney, Direct Appeal: Robert F. Moeller – Assistant Public Defender

Attorney, Collateral Appeals: Richard Kiley & James Viggiano – CCRC-M

Date of Offense: 08/17/89

Date of Sentence: 09/04/92

Circumstances of Offense:

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 Neil 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 show 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 motioned to suppress the hair and blood from being used in court but the trial court admitted the samples as evidence.

Trial Summary:

04/12/90 Defendant indicted on the following:

Count I: First-Degree Murder (Alice Berdat)

Count II: Burglary of a Dwelling with a Battery

Count III: Sexual Battery

07/16/92 The jury returned guilty verdicts on all counts.

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 of life in prison and sentenced Anthony Washington to death.

09/04/92 The defendant was sentenced as follows:

Count I: First-Degree Murder (Alice Berdat) – Death

Count II: Burglary of a Dwelling with a Battery – Life

Count III: Sexual Battery – Life

Prior Incarceration History in the State of Florida:

Offense Date	Offense	Sentence Date	County	Case No.	Prison Sentence Length
10/12/1977	BURG/DWELL/OCCUP.CONVE	09/08/1980	BROWARD		10Y 0M 0D
10/30/1984	GRAND THEFT,$300 LESS &20,000	02/25/1985	DADE	8502638	3Y 0M 0D
10/30/1984	GRAND THEFT MOTOR VEHICLE	02/25/1985	DADE	8502638	3Y 0M 0D
11/15/1984	ROBBERY N/FIREARM OR D/WEAPON	02/25/1985	DADE	8426528	3Y 0M 0D
01/26/1987	BURG/N/ASSLT/OCC.STRUCT.	06/16/1987	DADE	8702849	2Y 6M 0D
01/23/1988	BURGUNOCCSTRUC/CV OR ATT.	08/31/1988	DADE	8802398	6Y 0M 0D
01/23/1988	GRAND THEFT,$300 LESS &20,000	08/31/1988	DADE	8802398	6Y 0M 0D
03/03/1988	BURGLARY ASSAULT ANY PERSON	08/31/1988	DADE	8815945	6Y 0M 0D
05/16/1988	BURG/DWELL/OCCUP.CONVEY	08/31/1988	DADE	8815944	6Y 0M 0D
05/16/1988	BURG/N/ASSLT/OCC.STRUCT.	08/31/1988	DADE	8819976	6Y 0M 0D
05/16/1988	GRAND THEFT,$300 LESS &20,000	08/31/1988	DADE	8819976	6Y 0M 0D

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC #80,537

653 So. 2d 362

09/18/92 Appeal filed.

12/08/94 FSC affirmed the convictions and sentence.

04/27/95 Rehearing denied.

05/30/95 Mandate issued.

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #95-5725

516 U.S. 946

07/24/95 Petition filed.

10/30/95 Petition denied.

State Circuit Court – 3.850 Motion

CC #90-6491

03/28/97 Motion filed.

06/06/00 Motion denied.

Florida Supreme Court – 3.850 Appeal

FSC #SC00-1435

835 So.2d 1083

07/05/00 Appeal filed.

11/14/02 Denial affirmed.

01/10/03 Rehearing denied.

02/10/03 Mandate issued.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #SC01-872

835 So.2d 1083

04/26/01 Petition filed.

11/14/02 Petition denied.

01/10/03 Rehearing denied.

02/10/03 Mandate issued.

State Circuit Court – 3.850 Motion

CC #90-6491

02/19/03 Motion filed.

11/19/03 Motion denied.

U.S. District Court, Middle District – Petition for Writ of Habeas Corpus

USDC # 03-302

(Pending)

02/21/03 Petition filed.

03/14/03 Case closed and held in abeyance until resolution of state proceedings.

06/09/08 Case reopened

07/21/08 Filed amended petition

State Circuit Court – 3.853 Motion

CC #90-6491

09/26/03 Motion filed.

10/10/05 CC denied motion.

Florida Supreme Court – 3.850 Appeal

FSC #04-15

907 So.2d 512

01/06/04 Appeal filed.

05/12/05 FSC affirmed the denial of Washington’s 3.850 Motion.

07/07/05 Rehearing denied.

07/25/05 Mandate issued.

State Circuit Court – 3.850 Motion

CC #90-6491

07/29/05 Motion filed.

10/17/05 Motion denied.

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 05-6785

546 U.S. 1064

09/30/05 Petition filed.

12/05/05 Petition denied.

Florida Supreme Court – 3.853 Motion Appeal

FSC# 05-2214

942 So.2d 414

12/06/05 Appeal filed.

10/13/06 FSC affirmed denial of the motion

State Circuit Court – 3.851 Motion

CC #90-6491

06/20/07 Motion filed.

07/25/07 Motion denied.

Florida Supreme Court – 3.851 Motion Appeal

FSC# 07-1504

983 So.2d 1155

08/09/07 Appeal filed.

05/14/08 Disposition affirmed.

Factors Contributing to the Delay in Execution of Sentence

The 3.850 Motion was filed on 03/28/97, approximately two years after the Petition for Writ of Certiorari was denied by the United States Supreme Court. The Petition for Writ of Habeas Corpus has been pending in the USDC since 02/21/03, but the case was administratively closed from 03/14/03 to 06/09/08.

Case Information:

On 09/30/92, Anthony Washington filed a Direct Appeal in the Florida Supreme Court. Washington claimed that denying his motion to suppress the blood sample violated his Fourth and Fourteenth Amendments. Washington also contended that the identification by Leacock was obtained by suggestive procedure and the trial court erred in denying his motion to suppress. Washington claimed in his appeal that the trial court erred in not allowing him to depose the DNA technician, Anne Baumstark. In the same claim, Washington stated that, by not calling Baumstark as a witness, the state did not lay proper predicate for the DNA test results to be admitted as evidence. Washington also argued that 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 found no error and affirmed Washington’s conviction and sentence on 12/08/94.

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

On 03/28/97, Washington filed a 3.850 Motion in the State Circuit Court that was denied on 06/06/00. Washington filed an appeal of that decision in the Florida Supreme Court, which 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.

Washington filed another 3.850 Motion in the State Circuit Court on 02/19/03, which was denied 11/19/03.

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 06/09/08, Washington’s Petition for Writ of Habeas Corpus case in the United States District Court, Middle District was re-opened. On 07/21/08, Washington filed an Amended Petition. This case is currently pending.

Washington filed a 3.853 Motion in the Circuit Court on 09/26/03 that was denied on 10/10/05.

Washington filed a Habeas Appeal in the Florida Supreme Court on 01/06/04. The Florida Supreme Court affirmed the denial of Washington’s 3.850 Motion on 05/12/05.

On 07/29/05, Washington filed a 3.850 Motion in the State Circuit Court. The motion was denied on 10/17/05.

On 09/30/05, Washington filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 12/05/05.

Washington filed a 3.853 Appeal in the Florida Supreme Court on 12/06/05. On 10/13/06, the FSC affirmed the denial of the motion.

On 06/20/07, Washington filed a 3.851 Motion in the State Circuit Court. The motion was denied on 07/25/07.

On 08/09/07, Washington filed a 3.851 Appeal in the Florida Supreme Court. On 05/18/08, the Florida Supreme Court affirmed the Circuit Court’s disposition.

Institutional Adjustment:

DATE DAYS VIOLATION LOCATION

-------- ---- ---------------------------- -------------------

10/06/90 30 DISRESP.TO OFFICIALS HAMILTON C.I.

09/24/93 0 DISOBEYING ORDER UNION C. I.

04/21/05 0 DISOBEYING ORDER UNION C. I.

________________________________________________________________

Report Date: 07/25/02 EMC

Approved: 07/26/02 WS

Updated: 09/02/10 MJH