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

WELCH, ANTHONY (W/M)

DC# E02957

DOB: 04/18/78

­­­Eighteenth Judicial Circuit, Brevard County Case#00-44691

Sentencing Judge: The Honorable Tonya Rainwater

Attorney, Trial:  J. Randall Moore – 18^thCircuit, Public Defender

Attorney, Direct Appeal: Christopher S. Quarles – 7^thCircuit, Public Defender

Attorney, Collateral Appeals: TBA

Date of Offense: 12/14/00

Date of Sentence: 03/07/06

Circumstances of Offense:

On 12/19/00, the bodiesof Rufus Johnson, 69, and his wife, Kyoko Johnson, 62, were found in their homein Melbourne, Florida.  During the autopsies, the medical examiner found anunsigned extortion note in the shirt pocket of Kyoko Johnson. The note claimedthat an unnamed employer hired the author to murder Rufus Johnson for $5,000. The note outlined a plan for Mr. Johnson to retrieve funds from his bank whilethe author held Kyoko Johnson hostage.  If Rufus Johnson did not return in onehour, she would be killed.  The note confessed that the author did not want tohurt Rufus Johnson because of Johnson’s help in trying to save the life of theauthor’s brother.  This information led investigators to Anthony Welch whosebrother, Ricky, had committed suicide years before.  Rufus Johnson had helpedAnthony perform CPR.

Welch was arrested on12/21/00 and confessed the same day to both murders and to stealing propertyfrom the Johnsons’ home.

Additional Information:

Prior Incarceration History in the State of Florida:

Trial Summary:

01/09/01          Indictedas follows:

                                    CountI:           First-Degree Murder (Kyoko Johnson)

                                    CountII:         First-Degree Murder (Rufus Johnson)

                                    CountIII:        Robbery with a Deadly Weapon

Count IV:        Trafficking Stolen Property

Count V:         Grand Theft Motor Vehicle

01/07/05          Defendantentered guilty plea; court proceeds to penalty phase.

11/21/05          Juryrecommended death by a vote of 12-0.

03/07/06          Sentencedas follows:

                                    CountI:           First-Degree Murder (Kyoko Johnson) – Death

                                    CountII:         First-Degree Murder (Rufus Johnson) – Death

                                    CountIII:        Robbery with a Deadly Weapon – Life

                                    CountIV:        Trafficking Stolen Property – 15 Years

                                    CountV:         Grand Theft Motor Vehicle – 5 Years

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 06-698

992So.2d 206

04/10/06          Appealfiled

09/25/08          Deathsentence vacated; remanded to Circuit Court for new penalty phase

10/16/08          Mandateentered

Factors Contributing to the Delay in Imposition ofSentence:

The new penalty phase hasbeen pending since the Florida Supreme Court Direct Appeal Mandate of 10/16/08.

Case Information:

On 04/11/06. Welch fileda direct appeal in the Florida Supreme Court, citing the following issues: (1)the trial court erred in overruling the appellant’s timely objection andallowing the State to present irrelevant evidence that Welch has previouslydeclined cocaine when offered by his roommates, resulting in an unwarranteddenigration of valid mitigation that Welch was high on cocaine at the time ofthe murders; (2) the trial court abused its discretion by denying theappellant’s cause challenge of a juror who clearly believed that death was theappropriate penalty; (3) the trial court erred in denying the appellant’smotion to suppress his statement where law enforcement did not scrupulouslyhonor his right to remain silent; (4) the appellant’s death sentence isconstitutionally infirm where the jury’s recommendation was tainted byinflammatory evidence that one victim was killed on her birthday and that othervictim was a cardiac patient; (5) the trial court erred in refusing to requirethe prosecutor to give a gender-neutral reason for the state’s first peremptorychallenge of a female juror; (6) the trial court erred in overruling theappellant’s timely and specific objection when the prosecutor improperly arguedthat justice required the imposition of the death penalty; (7) the trial courterred in instructing the jury, over timely and specific objection, on theheightened premeditation aggravating circumstance where it was not supported byany quantum of evidence and was ultimately rejected by the trial court; (8) thetrial court erred by admitting inflammatory photographs which were overlygruesome and not relevant to an contested issue; (9) the death sentence imposedin this case is disproportionate; and (10) Florida’s death-sentencing scheme isunconstitutional under the Sixth Amendment pursuant to Ring v. Arizona.  On09/25/08, the Florida Supreme Court vacated Welch’s death sentence and remandedfor a new penalty phase in the Circuit Court.  The mandate was entered10/16/08.

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Report Date:   08/15/08          AEH

Approved:       00/00/00          RM