Florida Supreme Court

opinion 64931

DC# 092712
DOB: 01/01/45

Thirteenth Judicial Circuit, Hillsborough County, Case #83-8179
Sentencing Judge: The Honorable Peter J.T. Taylor
Resentencing Judge: The Honorable Susan C. Bucklew
Attorney, Trial: David P. Rankin, Esq.
Attorney, Resentencing: Linda McKinley - Assistant Public Defender 
Attorney, Direct Appeal: Simson Unterberger, Esq.
Attorney, Direct Appeal, Resentencing: Steven Bolotin - Assistant Public Defender
Attorney, Collateral Appeals: Robert Norgard – Registry

Date of Offense: 07/11/83

Date of Sentence: 01/23/84

Date of Resentencing: 08/22/91

Circumstances of Offense:

On 07/11/83, Fred Way and his wife, Carol, were engaged in an argument in the garage of their home in Tampa, Florida.  When the argument escalated, Way hit his wife over the head with a hammer numerous times, incapacitating her. 

Then, Way called his eldest daughter, Adrienne, into the garage.  When Adrienne saw her mother on the floor, she screamed.  Way then hit her over the head with the hammer two times – hard enough to fracture and dislodge part of her skull.  Way then poured gasoline on the bodies of his wife and daughter and ignited the gasoline. 

Way’s youngest daughter, Tiffany, heard screaming and noticed the flames in the garage.  She asked her father if she should call the fire department, but she got no response.  Tiffany then went to a neighbor’s house and called the fire department.   

Passerby Randall Hierlmeier testified that he noticed the flames in the garage of the Way household through a small crack at the base of the garage door, as well as a human form covered in flames attempting to lift itself up and then collapsing.  Hierlmeier immediately called the fire department. 

After a crowd had gathered outside the house, someone asked Way if there was anyone inside the garage and, after a few moments, Way conceded that his daughter was in the garage; however, he denied having possession of a key to unlock the garage door.

After the firemen had extinguished the flames, they discovered the bodies of Carol and Adrienne Way in the garage.  The medical examiner noted that the two women suffered burns over 100 percent of their bodies and both had experienced severe blunt trauma injuries to the head, either of which could have been fatal.   

Fred Way was indicted for the murder of his wife and daughter.  Way’s version of events was that his wife and daughter had gotten into a fight, hit each other over the head and then an electrical box in the garage exploded, igniting the gasoline and causing the fire. 

*****

Trial Summary:

08/03/83          The defendant was indicted on the following charges:

Count I:           First-Degree Murder (Carol Way)      

Count II:          First-Degree Murder (Adrienne Way)

Count III:         First-Degree Arson

08/11/83          The defendant entered a plea of “not guilty.”

12/21/83          The jury found the defendant guilty of First-Degree Arson, the First-Degree Murder of Adrienne Way and the Second-Degree Murder of Carol Way.

12/22/83          Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the death penalty for the murder of Adrienne Way.

01/23/84          The defendant was sentenced as follows:

Count I:           Second-Degree Murder (Carol Way) – 99 Years

Count II:          First-Degree Murder (Adrienne Way) - Death

Count III:         First-Degree Arson - 30 Years           

09/06/90          The Florida Supreme Court granted Way’s Petition for Writ of Habeas Corpus and remanded for a new penalty phase before a new jury.

07/25/91          During the new penalty phase, the jury again recommended the death penalty by a 7 to 5 vote for the murder of Adrienne Way.

08/22/91          The defendant was resentenced as follows:

Count I:           Second-Degree Murder (Carol Way) – 99 Years

Count II:          First-Degree Murder (Adrienne Way) - Death

Count III:         First-Degree Arson - 30 Years

*****

Case Information:

On 02/27/84, Way filed a Direct Appeal in the Florida Supreme Court.  In that appeal, he argued that the trial court erred in denying him the opportunity to present testimony from a clinical psychologist on his behalf, and the trial court erred in failing to grant his motion for judgment of acquittal.  Way also argued the consideration and application of aggravating factors in support of his death sentence.  The Florida Supreme Court affirmed the convictions and sentence of death on 09/18/86. 

On 03/03/88, Governor Bob Martinez signed a death warrant for Fred Way.  Subsequently, Way filed a 3.850 Motion and a Stay of Execution in the State Circuit Court.  The trial court granted Way’s Stay of Execution on 04/08/88 and denied his 3.850 Motion on 12/09/89.  Way then filed an appeal of that decision and a Petition for Writ of Habeas Corpus in the Florida Supreme Court.  The Supreme Court consolidated the two cases, noting that only two of Way’s claims warranted further examination.  Way argued that the trial testimony of his youngest daughter Tiffany was unreliable because it was induced by hypnosis and that his attorney was ineffective for failing to try and exclude it.  Way also contended that the jury instructions during the penalty phase were improper, violating the dictates of Hitchcock v. Dugger. 

The Florida Supreme Court agreed and found the error to be harmful.  As such, in a consolidated opinion, the Florida Supreme Court granted Way’s Petition for Writ of Habeas Corpus and affirmed the denial of his 3.850 Appeal.  The court remanded Way’s case for a new penalty phase before a new jury.

Prior to resentencing, Way filed an emergency 3.850 Motion alleging that the State improperly withheld photographs from the arson investigation.  That motion was subsequently denied and, following a new penalty phase, Way was again sentenced to death on 08/22/91.  Way then filed a Direct Appeal and a 3.850 Appeal in the Florida Supreme Court, which were consolidated into one case.  In the 3.850 Appeal, Way argued that the State failed to disclose certain photographs from the arson investigation to the defense.  Way contended that those photos could have lent credence to his theory that his wife and daughter were killed by a propane gas explosion ignited by a tripped circuit.  The Florida Supreme Court agreed with Way in that an evidentiary hearing should have been held to determine if the aforementioned photographs were improperly withheld. 

The Florida Supreme Court reversed the denial of Way’s 3.850 Motion on 12/23/93 and remanded to the State Circuit Court for an evidentiary hearing on the issue.  The disposition of Way’s Direct Appeal was withheld pending the resolution of the evidentiary hearing.  After holding an evidentiary hearing, the State Circuit Court denied relief on Way’s claim that the State improperly withheld exculpatory evidence from the arson investigation.  Following the denial of 3.850 Motion, the Florida Supreme Court resumed consideration of Way’s 3.850 Appeal and Direct Appeal. 

In the 3.850 Appeal, Way argued that the trial court erred in denying his Brady claim and improperly limited the testimony presented at the evidentiary hearing.  In the Direct Appeal, Way argued the admissibility of evidence questioning his guilt of arson and the application of aggravating factors.  On 04/20/00, the Florida Supreme Court affirmed Way’s Direct Appeal and 3.850 Appeal.

Way subsequently filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 02/20/01.

On 01/10/05, Way filed a 3.850 Motion in the Circuit Court.  The motion was dismissed on 06/16/05.

Way died of natural causes on 05/15/06.

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