The Commission on Capital Cases updates this informationregularly. This information, however, is subject to change and may notreflect the latest status of an inmate’s case and should not be relied on forstatistical 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 PublicDefender
Attorneys, Direct Appeal: J. Wulchak & G. Burden –Assistant Public Defenders
Attorneys, Collateral Appeals: Maria Chamberlin, MarieParmer – CCRC-M
Date ofOffense: 03/20/99
Date of Sentence: 01/11/01
Circumstances of Offense:
Fred Anderson was convicted and sentenced to death for themurder of a bank teller, which occurred while he was robbing the UnitedSouthern Bank in Mount Dora, Florida.
Prior to the robbery of United Southern Bank and the murderof 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 inrestitution, but as of March 1999, he had only paid $100. Facing one yearat 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 hisrestitution.
On 03/18/99, Anderson stole a loaded revolver from one ofhis neighbors. The next day he visited the United Southern Bank to getthe information he needed to thoroughly plan the robbery. Pretending tobe 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 forthe bank’s help with his finance paper. Heather Young and Marisha Scott werethe only two employees there, since the bank was scheduled to close atnoon. When no other customers were present, Anderson told Young and Scottthat he was going out to his car to retrieve his business cards. Andersonreturned with two loaded guns and ordered the women into the vault. Andersondemanded the women fill a trash can liner with money. Anderson asked thewomen who wanted to die first and began shooting.
During the course of the robbery, Sherry Howard entered thebank with her children. She saw Anderson in the vault and heardgunshots. Howard quickly exited the bank and called the police.
The first officer on the scene caught Anderson ripping a VCRcontaining the bank’s security video from the wall. The officer orderedAnderson to “drop the stuff” and Anderson complied. Once Anderson wasarrested and the bank secured, paramedics entered to administer aid to thevictims. Heather Young died in transit to the hospital and Marisha Scottsurvived, but was paralyzed.
Prior Community Supervision History in the State ofFlorida:
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: GrandTheft Firearm
Count III: Armed Robbery
Count IV: AttemptedFirst-Degree Murder (Marisha Scott)
Count V: First-DegreeMurder (Heather Young)
10/02/00 Motion for Judgment of Acquittal as to Count I, Burglary of a Structure, requestedand 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 impositionof the death penalty.
01/11/01 The defendant was sentenced as follows:
Count I: Burglary of a Structure – Acquitted
Count II: GrandTheft Firearm – 5 years
Count III: Armed Robbery – Life
Count IV: AttemptedFirst-Degree Murder (Marisha Scott) – Life
Count V: First-DegreeMurder (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 ofCertiorari
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 HabeasCorpus
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 FloridaSupreme Court. In that appeal, Anderson did not raise any issueschallenging the sufficiency of evidence against him. In regard to thepenalty phase, he argued the consideration and application of aggravating andmitigating circumstances; specifically, the cold, calculated and premeditated(CCP) aggravator and pecuniary gain aggravator. Anderson also contendedthat the trial court erred by allowing testimony regarding blood patternanalysis and by admitting photographs of victim Marisha Scott intoevidence. Anderson argued that improper comments made by a forensicserologist and by the prosecutor violated his right to a fair trial. TheFlorida Supreme Court affirmed his convictions and sentence of death on09/25/03.
Anderson next filed a Petition for Writ of Certiorari in theUnited States Supreme Court on 12/18/03, which was denied 03/22/04.
Anderson filed a 3.851 Motion with the Circuit Court on03/18/05 and amended the motion on 12/19/05. On 01/23/06, an EvidentiaryHearing was held, and on 01/24/07, the court denied the motion.
Anderson filed a 3.851 Motion Appeal with the FloridaSupreme Court on 04/04/07 that was denied on 07/09/09.
Anderson filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court that was denied on 07/09/09.
Anderson filed a Petition for Writ of Habeas Corpus with theU.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