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 on for statistical or legal purposes.

ANDERSON, Fred (B/M)

DC #    218693

DOB:   06/26/68   

Fifth Judicial Circuit, Lake County, Case #99-572

Sentencing Judge: The Honorable G. Richard Singletary 

Attorney, Criminal Trial: William Stone – Assistant Public Defender 

Attorneys, Direct Appeal: J. Wulchak & G. Burden – Assistant Public Defenders 

Attorneys, Collateral Appeals: Maria Chamberlin, Marie Parmer – CCRC-M

Date of Offense:           03/20/99

Date of Sentence:         01/11/01

Circumstances of Offense:

Fred Anderson was convicted and sentenced to death for the murder of a bank teller, which occurred while he was robbing the 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.  The next day he visited the United Southern Bank to get the information he needed to thoroughly plan the robbery.  Pretending to be a student doing research for a finance paper, he met with one of the bank managers.  Anderson took particular note of where the bank’s security video was located.

On 03/20/99, Anderson returned to the United Southern Bank, bearing a gift of doughnuts and orange juice as 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.  When no other customers were present, Anderson told Young and Scott that he was going out to his car to retrieve his business cards. Anderson returned 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.

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. Once Anderson was arrested and the bank secured, paramedics entered to administer aid to the victims.  Heather Young died in transit to the hospital and Marisha Scott survived, but was paralyzed.

Prior Community Supervision History in the State of Florida:

Offense Date	Offense	Sentence Date	County	Case No.	Community Supervision Length
1/4/1993	GRAND THEFT,$300 LESS &20,000	9/29/1994	VOLUSIA	9431886	5Y 0M 0D
1/4/1993	GRAND THEFT,$300 LESS &20,000	4/1/1997	VOLUSIA	9431886	2Y 0M 0D
1/4/1993	GRAND THEFT,$300 LESS &20,000	3/15/1999	VOLUSIA	9431886	1Y 5M 12D

Trial Summary:

03/30/99          The defendant was indicted on the following:

                                    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)

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

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

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

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

Appeal Summary:

Florida Supreme Court - Direct Appeal

FSC #SC01-336

863 So. 2d 169

02/12/01          Appeal filed.

09/25/03          FSC affirmed the convictions and sentence of death.

10/27/03          Mandate issued.

United States Supreme Court - Petition for Writ of Certiorari

USSC #03-8065

541 U.S. 940

12/18/03          Petition filed.

03/22/04          Petition denied.

Circuit Court – 3.851 Motion

CC# 99-572

03/18/05          Motion filed.

12/19/05          Motion amended.

01/23/06          Evidentiary Hearing held.

01/24/07          CC denied motion.

Florida Supreme Court – 3.850 Motion Appeal

FSC# 07-648

18 So.3d 501

04/04/07          Appeal filed.

07/09/09          Appeal denied.

09/24/09          Rehearing denied.

10/13/09          Mandate issued.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 08-644

18 So.3d 501

04/02/08          Petition filed.

07/07/09          Petition denied.

09/24/09          Rehearing denied.

United States District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 09-00450

(Pending)

10/14/09          Petition filed.

Case Information:

On 02/12/01, Anderson filed a Direct Appeal in the Florida Supreme Court.  In that appeal, Anderson did not raise any issues challenging the sufficiency of evidence against him.  In regard to the penalty phase, he argued the consideration and application of aggravating and mitigating circumstances; specifically, the cold, calculated and premeditated (CCP) aggravator and 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.

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

Anderson filed a 3.851 Motion with the Circuit Court on 03/18/05 and amended the motion on 12/19/05.  On 01/23/06, an Evidentiary Hearing was held, and on 01/24/07, the court denied the motion. 

Anderson filed a 3.851 Motion Appeal with the Florida Supreme Court on 04/04/07 that was denied on 07/09/09.

Anderson filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court that was denied on 07/09/09.

Anderson filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 10/14/09 that is pending.

03/11/04 – ew

03/11/04 – approved – ec

12/16/09 – updated – kkr