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 on for statistical or legal purposes.
ANDERSON, Charles (B/M)
DC # 447891
DOB: 03/06/54
Seventeenth Judicial Circuit, Broward County, Case #94-15182
Sentencing Judge: The Honorable Daniel T. Andrews
Attorney, Criminal Trial: Lisa Thomas, Esq. – Private
Attorney, Direct Appeal: Richard B. Greene – AssistantPublic Defender
Attorneys, Collateral Appeals: D. Todd Doss & CelesteBacchi – CCRC-S
Date of Offense: 01/16/94
Date of Sentence: 04/19/99
Circumstances of Offense:
Charles Anderson was convicted and sentenced to death forthe 01/16/94 murder of Keinya Smith.
In 1980, Charles Anderson married Edwina. Edwina had afive-year-old daughter from a previous relationship, Keinya Smith. In1992, authorities discovered that Anderson was sexually abusing Keinya. Anderson was charged with 11 counts of Attempted Capital Sexual Battery and wassentenced to probation. As a condition of his probation, Anderson was notto have any contact with Keinya. If he violated this condition, Andersonfaced the possibility of life imprisonment.
In violation of his probation, Anderson would continue tosee Edwina and Keinya. Witnesses reported that Anderson spent severalnights a week at Edwina’s house. On 01/12/94, Keinya was late returninghome from her job at Publix. A fellow employee, Patrick Allen, gaveKeinya a ride home. After dropping Keinya off at home, Allen reported thathe was followed by someone in an unidentified vehicle. Allen was able toelude the vehicle that was following him, which he later identified fromphotographs as Anderson’s car.
On Friday 01/14/94, Allen drove Keinya home again afterwork. As Keinya exited the car, Anderson darted toward Allen, whichresulted in another chase. Allen fired several gunshots at Anderson whilebeing chased. After returning home, Anderson and Keinya got intoboisterous verbal dispute. One neighbor reported hearing Anderson exclaim“You told him. Why was he shooting at me?” to which Keinya stated “Ididn’t tell him nothing.” Keinya’s cousin, who was there during theargument, reported seeing Anderson hit Keinya. Keinya then grabbed aknife and called 911. Keinya quickly hung up the phone and, when theoperator called back, there was no answer. Keinya locked herself in herroom and Edwina and Anderson intercepted the police officer who had beendispatched to their residence. After convincing the officer thateverything was all right, Anderson walked into the house where Keinya washiding and threatened her. He claimed that he was going to wait at Publixfor 24 hours and, if he could not get Allen, then he would get her. Keinya was scheduled to work Saturday 01/15/94, but did not go in because shewas scared.
On 01/16/94, Keinya went to work. Her time cardreflected that she left work at 6:01 p.m. Allen reported that he sawAnderson’s car waiting outside of Publix.
John Gowdy testified that, on that same evening, he sawsomeone in the grass median of U.S. 27 at 7:00 p.m. Gowdy noticed the carin front of him pull a u-turn, which he followed. Gowdy reported that theblue/gray four-door car swerved into the median and ran over the person. Anderson owned a two-door dark blue car with a gray top. Amelia Stringer,who was a passenger in Gowdy’s vehicle, also witnessed the car in front of themrun over the individual in the median.
When authorities arrived at the scene, they found a Publixname badge, which read “Keinya,” some articles of clothing and blood on thepavement near the median. Keinya’s body was found the next day by afishing camp in the Everglades.
Anderson was interviewed by police about a week after themurder. Initially, he admitted that he picked Keinya up from work on01/16/94, but that he did not kill her. Anderson later recanted thatstatement, claiming he was being “facetious.” Anderson agreed to allow asearch of his vehicle, even though authorities had already obtained a searchwarrant. One of the tires on Anderson’s car matched an impression left atthe crime scene and there was damage to the radiator and splash guard. Blood was detected on the undercarriage of the vehicle; however, investigatorscould not determine whether the blood was human or from an animal. A spotof blood found inside the vehicle was determined to be Keinya’s through DNAanalysis. Additionally, several fibers found inside the vehicle matchedthe clothing that Keinya was wearing when her body was discovered.
Trial Summary:
09/08/94 The defendant was indicted on thefollowing charges:
CountI: First-Degree Murder
02/11/99 The jury found the defendant guilty ofFirst-Degree Murder and upon advisory sentencing, the jury,
by an 8 to 4 majority,voted for the imposition of the death penalty.
04/19/99 The defendant was sentenced as followed:
CountI: First-Degree Murder – Death
Appeal Summary:
Florida Supreme Court - Direct Appeal
FSC #95,773
841 So.2d 390
06/14/99 Appeal filed.
01/16/03 FSC affirmed the conviction and sentence of death.
03/14/03 Rehearing denied.
03/14/03 Mandate issued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC #03-5860
540 U.S. 956
08/08/03 Petition filed.
10/14/03 Petition denied.
Circuit Court – 3.851 Motion
CC #94-15182
(Pending)
10/23/04 Motion filed.
05/06/06 Motion amended.
11/18/09 Motion amended.
Factors Contributing to the Delay in the Imposition ofthe Sentence:
The disposition of Anderson’s Direct Appeal took more thanthree-and-a-half years.
Case Information:
On 06/14/99, Charles Anderson filed a Direct Appeal in theFlorida Supreme Court. In that appeal, he argued that the evidence wasinsufficient to support a conviction for First-Degree Murder. The FloridaSupreme Court noted, “although the trial court erred in denying the motion foracquittal as to felony murder, we find this error harmless since the juryproperly convicted Anderson of First-Degree Murder under the theory ofpremeditation.” Anderson also claimed that the trial court erred inadmitting evidence of collateral crimes, citing the introduction of testimonyconcerning his probation for Attempted Sexual Battery. In reference tothe penalty phase, Anderson argued the consideration and application ofaggravating factors. The Florida Supreme Court noted that the Statefailed to prove the “avoid arrest” aggravating factor and that the murder wascommitted during the course of a felony. The State failed to prove thatKeinya Smith was kidnapped by Anderson against her will. After strikingthe two erroneously applied aggravating factors, there were still three validaggravating factors that proved applicable to Keinya Smith’s murder. On 01/16/03,the Florida Supreme Court affirmed the conviction and sentence of death.
On 08/08/03, Anderson filed a Petition for Writ ofCertiorari in the United States Supreme Court, which was denied on 10/14/03.
On 10/23/04, Anderson filed a 3.851 Motion with the CircuitCourt and amended the motion on 05/06/06 and 11/18/09. The motion ispending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
09/03/03 180 UNARMEDASSAULT UNION C.I.
01/29/05 90 UNAUTH PHY.CONTACT UNION C.I.
02/02/06 180 UNAUTH USE OFDRUGS UNION C.I.
________________________________________________________________________
05/16/03 – ew
06/10/03 – approved – ws
08/03/10 – updated – kkr