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 Public Defender 
Attorneys, Direct Appeal: J. Wulchak & G. Burden – Assistant Public Defenders 
Attorneys, Collateral Appeals: Eric Pinkard & James Driscoll – CCRC-M

Date of Offense: 03/20/99

Date of Sentence: 01/11/01

Circumstances of Offense:

Fred Anderson was convicted and sentenced to death for the murder of a bank teller, which occurred while he was robbing the United Southern Bank in Mount Dora, Florida.

Prior to the robbery of United Southern Bank and the murder of 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 in restitution, but as of March 1999, he had only paid $100.  Facing one year at 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 his restitution.

On 03/18/99, Anderson stole a loaded revolver from one of his neighbors.  The next day he visited the United Southern Bank to get the information he needed to thoroughly plan the robbery.  Pretending to be 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 for the bank’s help with his finance paper.  Heather Young and Marisha Scott were the only two employees there, since the bank was scheduled to close at noon. 

When no other customers were present, Anderson told Young and Scott that he was going out to his car to retrieve his business cards.  Anderson returned with two loaded guns and ordered the women into the vault.  Anderson demanded the women fill a trash can liner with money.  Anderson asked the women who wanted to die first and began shooting.

During the course of the robbery, Sherry Howard entered the bank with her children.  She saw Anderson in the vault and heard gunshots.  Howard quickly exited the bank and called the police.

The first officer on the scene caught Anderson ripping a VCR containing the bank’s security video from the wall.  The officer ordered Anderson to “drop the stuff” and Anderson complied.  Once Anderson was arrested and the bank secured, paramedics entered to administer aid to the victims.  Heather Young died in transit to the hospital and Marisha Scott survived, but was paralyzed.

Trial Summary:

03/30/99          The defendant was indicted on the following:

Count I:           Burglary of a Structure

Count II:          Grand Theft Firearm

Count III:         Armed Robbery

Count IV:          Attempted First-Degree Murder (Marisha Scott)

Count V:            First-Degree Murder (Heather Young)

10/02/00          Motion for Judgment of Acquittal as to Count I, Burglary of a Structure, requested and 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 imposition of the death penalty.

01/11/01           The defendant was sentenced as follows:

Count I:            Burglary of a Structure – Acquitted

Count II:           Grand Theft Firearm – 5 years

Count III:          Armed Robbery – Life

Count IV:           Attempted First-Degree Murder (Marisha Scott) – Life

Count V:            First-Degree Murder (Heather Young) – Death

Case Information:

On 02/12/01, Anderson filed a Direct Appeal in the Florida Supreme Court.  In that appeal, Anderson did not raise any issues challenging the sufficiency of evidence against him.  In regard to the penalty phase, he argued the consideration and application of aggravating and mitigating circumstances; specifically, the cold, calculated and premeditated (CCP) aggravator and pecuniary gain aggravator. 

Anderson also contended that the trial court erred by allowing testimony regarding blood pattern analysis and by admitting photographs of victim Marisha Scott into evidence.  Anderson argued that improper comments made by a forensic serologist and by the prosecutor violated his right to a fair trial.  The Florida Supreme Court affirmed his convictions and sentence of death on 09/25/03.

Anderson next filed a Petition for Writ of Certiorari in the United States Supreme Court on 12/18/03, which was denied 03/22/04.

Anderson filed a 3.851 Motion with the Circuit Court on 03/18/05, and on 01/23/06, an Evidentiary Hearing was held.  The motion is pending.

Floridacapitalcases.state.fl.us