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.
FARINA, Anthony (W/M)
DC# 684135
DOB: 11/20/73
Seventh Judicial Circuit, Volusia County Case # 92-32105
Sentencing Judge: The Honorable Uriel Blount
Attorney, Trial: Thomas R. Mott – Private
Attorney, Direct Appeal: Thomas R. Mott – Private
Attorney, Direct Appeal (after resentencing): Jeffrey Dees – Private
Attorney, Collateral Appeals: Mark Gruber & Marie Parmer – CCRC-M
Date of Offense: 05/09/92
Date of Sentence: 12/16/92
Date of Resentence: 05/07/98
Circumstances of Offense:
On 05/09/92, as they were emptying trash from the Taco Bell restaurant where they worked, Michelle Van Ness and Derek Mason were approached by Anthony Farina, 18, a former employee at that Taco Bell restaurant, and his brother, Jeffrey Farina, 16. Both of the brothers wore gloves, and 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, where the brothers rounded up two other employees. Jeffrey held three employees at gunpoint while Anthony ordered Kimberly Gordon to open the safe and hand over the day’s receipts. Then, 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.
The Farinas were arrested the next day when another Taco Bell employee recognized Anthony Farina at a gas station and called the police.
Codefendant Information:
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 Summary:
05/19/92 Indicted on the following charges:
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
11/18/92 Jury returned guilty verdicts for Counts I-VI and XI and not guilty
verdicts on Counts VII-X of the indictment
11/20/92 Jury recommended a death sentence by a vote of 7-5
12/16/92 Sentenced 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
04/18/96 FSC affirmed convictions, vacated the death sentence, and remanded for a
new sentencing hearing
04/20/98 Jury recommended a death sentence by a vote of 12-0
05/07/98 Resentenced to death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 81,118
679 So. 2d 1151
01/22/93 Appeal filed
04/18/96 FSC affirmed convictions, vacated the death sentences, and remanded to
the trial court for a new sentencing hearing
09/24/96 Rehearing denied
10/24/96 Mandate issued
Florida Supreme Court – Direct Appeal (after resentencing)
FSC# 93,050
801 So. 2d 44
05/21/98 Appeal filed
08/16/01 FSC affirmed death sentences
11/29/01 Rehearing denied and Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 01-9641
536 U.S. 910
03/04/02 Petition filed
06/10/02 USSC denied Petition
Circuit Court – 3.851 Motion
CC# 92-32105
04/04/03 Motion filed
11/13/03 Motion amended
07/12/04 CC denied Motion
Florida Supreme Court – 3.851 Motion Appeal
FSC# 04-1610
937 So. 2d 612
08/16/04 Appeal filed
07/06/06 FSC affirmed denial of motion
09/15/06 Mandate issued
Circuit Court – 3.851 Motion
CC# 92-32105
05/18/05 Motion filed
06/22/07 Order denying motion
06/29/07 Motion for rehearing
07/10/07 Motion for rehearing denied
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 05-935
937 So. 2d 612
05/31/05 Petition filed
07/06/06 FSC denied petition
09/15/06 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 06-7898
127 S. Ct. 1153
11/16/06 Petition filed
01/22/07 USSC denied petition
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 06-1768
(Pending)
11/17/06 Petition filed.
Florida Supreme Court – 3.850 Appeal
SC #07-1551
992 So. 2d 819
08/10/07 Appeal filed.
06/18/08 Appeal denied.
Factors Contributing to the Delay in Imposition of Sentence:
The delay in the case arises from Farina’s death sentence being vacated on 04/18/96.
Case Information:
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 FSC, citing the trial court’s erroneous excusal of a qualified prospective juror for cause, affirmed all convictions, but vacated the death sentence and remanded to the trial court for a new sentencing hearing.
On 04/20/98, the resentencing jury recommended a death sentence by a vote of 12-0, and
Farina was resentenced to death on 05/07/98.
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 FSC affirmed the death sentence on 08/16/01.
Farina filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/04/02 that was denied on 06/10/02.
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 the following issues: newly discovered evidence, evidentiary hearing testimonies, and ineffective assistance of counsel. On 07/06/06, the FSC affirmed the denial of the motion.
Farina filed a 3.851 Motion with the Circuit Court on 05/18/05, which was denied on 06/22/07. On 06/29/07, Farina filed a motion for rehearing, which was denied on 7/10/07.
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 FSC denied the petition.
Farina filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 11/16/06 that was denied on 01/22/07.
Farina filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 11/17/06 that is pending.
On 08/10/07, Farina filed a 3.850 Appeal in the Florida Supreme Court that was denied on 06/18/08.
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Report Date: 07/24/02 JFL
Approved: 07/25/02 WS
Updated: 06/24/08 KLH