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

SPANN, Anthony (B/M)

DC #   347463

DOB: 02/12/74

­­­Nineteenth Judicial Circuit, Martin County, Case #97-1672

Sentencing Judge: The Honorable Cynthia Angelos

Attorney, Trial: Robert Udell – Special Public Defender

Attorney, Direct Appeal: Robert Norgard – Special PublicDefender

Attorney, Collateral Appeal: Bay Harrison III – Registry(Pro hac vice)

Date of Offense: 11/14/97

Date of Sentence: 06/23/00

Circumstances of Offense:

Anthony Spann was convicted and sentenced to death for themurder of Kazue Perron.

On 11/13/97, Lenard Philmore and Sophia Hutchins robbed apawnshop, stealing mostly jewelry and firearms.  Anthony Spann drove thegetaway car.  Philmore and Spann spent that night at a motel with KeyontraCooper and Toya Stevenson.  On 11/14/97, Cooper received a phone call thatthe police were looking for Philmore.  Spann and Philmore decided thatthey needed to leave town.  The two men also decided to rob a bank becausethey needed money to leave town.  Spann and Philmore believed that thepolice would be looking for Spann’s Subaru that they had used in the pawnshoprobbery and planned to use in the bank robbery.  Spann and Philmore decidedto carjack a woman and use her car to leave town.

Spann and Philmore looked for a victim at a shopping mall,but were unsuccessful.  They continued to look in a “nice neighborhood”until they saw a woman driving a Lexus, who they followed until she pulled intothe driveway of a home.  Philmore approached the woman, Kazue Perron, andasked to use her cell phone.  He then forced Perron back into the Lexus atgunpoint.  Philmore drove with the victim in her car, and Spann followedin his Subaru.  They drove to an isolated area where Philmore shot Perronin the head and dumped her body in the canal.

Philmore and Spann drove to the bank in Spann’sSubaru.  Once at the bank, Philmore went inside, snatched an estimated$1,000 from a customer at the bank counter and fled to the car.  The menleft the bank in the Subaru, later abandoned it and picked up the Lexus. Afterwards, Spann and Philmore picked up Cooper and Stevenson.  Anundercover officer observed Spann driving the Lexus and knew that he was wantedon an outstanding homicide warrant.  The officer radioed for back-up whobegan to follow Spann.  Spann attempted to outrun the police in the Lexus,reaching speeds in excess of 100 mph through a residential area.  Spannwas able to elude the police when he reached the interstate. 

The Lexus was found off the road after blowing a tire. A motorist contacted police when he saw the Lexus drive off the road and fourpeople flee into an orange grove.  The owner of the orange grove also sawthe four run into the grove and noticed they were armed.  The grove ownerinstructed the four people to hide in the brush near the creek.  He thencalled police and helped the police search.  Spann, Philmore, Cooper andStevenson were found hiding in the orange grove.  Two guns and a beeperwere found in the water near where the four had been hiding. 

The bullet removed from the victim and the shells recoveredat the scene were positively identified as matching one of the firearms thatwas stolen from the pawnshop, which was recovered from the creek near whereSpann, Philmore, and the two women had been hiding.

Additional Information:

On 09/21/97, Spann and Reginald Lott engaged in an argumentover money.  Lott left during the argument and then returned.  WhenLott returned, Spann’s wife handed him a gun.  A witness reported seeingthe victim on his knees pleading with Spann.  The witness also reportedhearing several gun shots.  Spann fled the area.  A warrant wasissued for Spann’s arrest, which was outstanding when Spann was arrested forthe current offenses. 

Codefendant Information:

Lenard Philmore (Martin County Circuit Court #97-1672)

Philmore was convicted of First-Degree Murder, Conspiracy toCommit Robbery with a Firearm, Carjacking with a Firearm, Kidnapping (duringthe commission of a felony or to facilitate a felony), Robbery with a Firearm,and Grand Theft (more than $300 and less than $5,000).  On 07/21/00, Philmorewas sentenced to death, a fifteen-year sentence, three life sentences, and afive-year sentence, respectively.

Trial Summary:

12/16/97         Spann was indicted on the following counts[1]:

CountVII:      First-Degree Murder (Kazue Perron)

CountVIII:     Conspiracy to Commit Robbery with a Firearm

CountIX:        Carjack with Firearm (DeadlyWeapon)

CountX:         Kidnapping (During theCommission or Facilitation of a Felony)

CountXI:        Robbery with Firearm

CountXII:      Grand Theft (more than $300, less than$5,000)

02/16/98         Spann entered a written plea of not guilty.

06/23/99         The judge ordered that the Spann case be severed from the Philmore case.

05/24/00         Spann was found guilty on all counts charged in the indictment.

05/25/00         Spann waived advisory sentencing by a jury.

06/23/00         Spann was sentenced as follows:

CountVII:      First-Degree Murder (Kazue Perron) – Death

CountVIII:     Conspiracy to Commit Robbery with a Firearm – 15Years

CountIX:        Carjack with Firearm (Deadly) –Life

CountX:         Kidnapping (During theCommission or Facilitation of a Felony) – Life

CountXI:        Robbery with Firearm – Life

CountXII:      Grand Theft (more than $300, less than$5,000) – 5 Years

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 00-1498

28 Fla. L. Weekly S 293 (Fla. 2003)

07/14/00         Appeal filed

04/03/03         FSC affirmed the conviction and sentence

10/16/03         Rehearing denied

10/31/03         Mandate issued

Circuit Court – 3.850 Motion

CC# 97-1672

08/04/04         Motion filed

10/18/04         Amended motion filed

03/30/05         Evidentiary hearing held

06/29/05         Motion denied

Florida Supreme Court – 3.851 Appeal

FSC# 05-1334

985 So.2d 1059

07/28/05         Appeal filed

07/03/08         Appeal denied

07/24/08         Mandate entered

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

USDC# 08-14360

(Stayed)

10/16/08         Petition filed

05/19/09         Petition stayed; Case administratively closed due to pending 3.851 in CircuitCourt

Circuit Court – 3.851 Motion

CC# 97-1672

05/04/09         Motion filed

09/01/09         Evidentiary Hearing held

11/13/09         Motion denied

Florida Supreme Court – 3.851 Appeal

FSC# 09-2330

(Pending)

12/21/09          Appeal filed

Factors Contributing to the Delay in Imposition ofSentence:

There have not been substantial delays in the imposition ofsentence.

Case Information:

Spann filed his Direct Appeal in the Florida Supreme Courton 07/14/00.  The issues addressed included whether the trial court erredin allowing expert handwriting testimony that Spann contended did not satisfy theFrye test[2] and whether the trial courterred by granting Spann’s request to waive mitigation and the sentencerecommendation by an advisory jury.  Spann also argued that the trialcourt improperly considered or applied the aggravating and mitigatingfactors.  The Florida Supreme Court affirmed the conviction and sentenceon 04/03/03.  Rehearing was denied on 10/16/03.  A mandate was issuedon 10/31/03.

On 08/04/04, Spann filed a 3.850 Motion.  The Motionwas denied on 06/29/05.

Spann filed a 3.851 Appeal in the Florida Supreme Court on07/28/05, which was denied on 07/03/08.  The Florida Supreme Court issueda mandate on 07/24/08.

On 10/16/08, Spann filed a Petition for Writ of HabeasCorpus in the United States District Court, Southern District.  On05/19/09, the United States District Court ordered this petition to be stayedand administratively closed this case due to a pending postconviction motion inthe Circuit Court.

On 05/04/09, Spann filed a 3.851 Motion in the CircuitCourt.  An Evidentiary Hearing was held on 09/01/09. This motion wasdenied on 11/13/09.

Spann filed a 3.851 Appeal in the Florida Supreme Court on12/21/09. This case is currently pending.

Institutional Adjustment:

_______________________________________________________________________

Report Date:  03/11/04          SQ

Approved:      03/16/04          EW