TheCommission on Capital Cases updates this information regularly.  Thisinformation, however, is subject to change and may not reflect the lateststatus of an inmate’s case and should not be relied upon for statistical orlegal purposes.

WASHINGTON,Anthony Neal (B/M)

DC#    075465

DOB:  09/27/56

SixthJudicial Circuit, Pinellas County, Case #90-6491

SentencingJudge: The Honorable Susan S. Schaeffer

Attorneys,Trial: Frank Louderback, Esq. & Thomas McCoun, Esq.

Attorney,Direct Appeal: Robert F. Moeller – Assistant Public Defender

Attorney,Collateral Appeals: Richard Kiley & James Viggiano – CCRC-M

Date ofOffense: 08/17/89

Date ofSentence: 09/04/92

Circumstancesof Offense:

On themorning of 08/17/89, the body of 93-year-old Alice Berdat, having been severelybeaten and bruised, was found murdered in her home.  The medicalexaminer’s report showed that there was evidence of both vaginal and anal rape,as well as 17 fractured ribs.

AnthonyNeil Washington was incarcerated in the Largo Community Correctional WorkRelease Center, which was located 2.1 miles from Berdat’s house. On the morningof 08/17/89, Washington was seen leaving for his job at Cocoa Masonry at 6:00a.m., and returned to the center at exactly 9:17 a.m.  Records show thathe did not work at his job that morning.

Approximatelytwo weeks later on 08/31/89, investigator Michael Darroch interviewed a few ofWashington’s co-workers at Cocoa Masonry.  The co-workers told theinvestigator that they had seen Washington arrive at work for a short while themorning of 08/17/89, where he proceeded to sell a gold watch to fellowemployee, Robert Leacock.  Investigators later identified the watch asbelonging to Alice Berdat.  Darroch visited Leacock at his home where theyshowed him a picture of Washington.  Leacock identified Washington fromthe picture as being the man who had sold him the watch.

On09/05/89, Washington was brought into the police station in Zephyrhills forquestioning in an unrelated sexual battery investigation.  Darroch did notinform Washington that he was a suspect in the investigation of Alice Berdat’smurder.  While at the police station, Washington gave hair and bloodsamples to the investigators, which he assumed would clear him of any suspicionin the sexual battery case for which he was being investigated.

Washingtonwas linked to the murder of Alice Berdat through the hair and blood he providedfor the police.  Washington motioned to suppress the hair and blood frombeing used in court but the trial court admitted the samples as evidence.

TrialSummary:

04/12/90         Defendant indicted on the following:

                                   Count I:          First-Degree Murder (Alice Berdat)

                                   Count II:         Burglary of aDwelling with a Battery

                                   Count III:        Sexual Battery

07/16/92         The jury returned guilty verdicts on all counts.

07/17/92         Upon advisory sentencing, the jury recommended life in prison with

possibilityfor parole after 25 years.  Judge Schaeffer overruled the jury’srecommendation of life in prison and sentenced Anthony Washington todeath. 

09/04/92         The defendant was sentenced as follows:

                                   Count I:          First-Degree Murder (Alice Berdat) – Death

                                   Count II:         Burglary of aDwelling with a Battery – Life

                                   Count III:        Sexual Battery – Life

PriorIncarceration History in the State of Florida:

AppealSummary:

FloridaSupreme Court – Direct Appeal

FSC #80,537

653 So.2d 362

09/18/92         Appealfiled.

12/08/94         FSCaffirmed the convictions and sentence.

04/27/95         Rehearingdenied.

05/30/95         Mandateissued.

U.S.Supreme Court – Petition for Writ of Certiorari

USSC#95-5725

516 U.S.946

07/24/95         Petitionfiled.

10/30/95         Petitiondenied.

StateCircuit Court – 3.850 Motion

CC#90-6491

03/28/97         Motionfiled.

06/06/00         Motiondenied.

FloridaSupreme Court – 3.850 Appeal

FSC#SC00-1435

835 So.2d1083

07/05/00         Appealfiled.

11/14/02         Denialaffirmed.

01/10/03         Rehearingdenied.

02/10/03         Mandateissued.

FloridaSupreme Court – Petition for Writ of Habeas Corpus

FSC#SC01-872

835So.2d 1083

04/26/01         Petitionfiled.

11/14/02         Petitiondenied.

01/10/03         Rehearingdenied.

02/10/03         Mandateissued.

StateCircuit Court – 3.850 Motion

CC#90-6491

02/19/03         Motionfiled.

11/19/03         Motiondenied.

U.S.District Court, Middle District – Petition for Writ of Habeas Corpus

USDC #03-302

(Pending)

02/21/03          Petitionfiled.

03/14/03          Caseclosed and held in abeyance until resolution of state proceedings.

06/09/08          Casereopened

07/21/08          Filedamended petition

StateCircuit Court – 3.853 Motion

CC#90-6491

09/26/03         Motionfiled.

10/10/05         CCdenied motion.

FloridaSupreme Court – 3.850 Appeal

FSC#04-15

907So.2d 512

01/06/04         Appealfiled.

05/12/05         FSCaffirmed the denial of Washington’s 3.850 Motion.

07/07/05         Rehearingdenied.

07/25/05         Mandateissued.

StateCircuit Court – 3.850 Motion

CC#90-6491

07/29/05         Motionfiled.

10/17/05         Motiondenied.

U.S.Supreme Court – Petition for Writ of Certiorari

USSC#05-6785

546 U.S.1064

09/30/05         Petitionfiled.

12/05/05         Petitiondenied.

FloridaSupreme Court – 3.853 Motion Appeal

FSC#05-2214

942So.2d 414

12/06/05         Appealfiled.

10/13/06         FSCaffirmed denial of the motion

StateCircuit Court – 3.851 Motion

CC#90-6491

06/20/07         Motionfiled.

07/25/07         Motiondenied.

FloridaSupreme Court – 3.851 Motion Appeal

FSC#07-1504

983So.2d 1155

08/09/07         Appealfiled.

05/14/08         Disposition affirmed.

FactorsContributing to the Delay in Execution of Sentence

The3.850 Motion was filed on 03/28/97, approximately two years after the Petitionfor Writ of Certiorari was denied by the United States Supreme Court.  ThePetition for Writ of Habeas Corpus has been pending in the USDC since 02/21/03,but the case was administratively closed from 03/14/03 to 06/09/08.

CaseInformation:

On09/30/92, Anthony Washington filed a Direct Appeal in the Florida SupremeCourt.  Washington claimed that denying his motion to suppress the bloodsample violated his Fourth and Fourteenth Amendments.  Washington alsocontended that the identification by Leacock was obtained by suggestiveprocedure and the trial court erred in denying his motion to suppress. Washington claimed in his appeal that the trial court erred in not allowing himto depose the DNA technician, Anne Baumstark.  In the same claim,Washington stated that, by not calling Baumstark as a witness, the state didnot lay proper predicate for the DNA test results to be admitted asevidence.  Washington also argued that the trial court judge incorrectlyoverrode the jury’s recommendation of life imprisonment and sentenced him todeath.  The judge overruled the jury’s recommendation of life imprisonmentwith chance for parole after 25 years and imposed a sentence of death based onaggravating factors.  The Florida Supreme Court found no error andaffirmed Washington’s conviction and sentence on 12/08/94. 

On07/24/95, Washington filed a Petition for Writ of Certiorari in the UnitedStates Supreme Court, which was subsequently denied on 10/30/95.

On03/28/97, Washington filed a 3.850 Motion in the State Circuit Court that wasdenied on 06/06/00.  Washington filed an appeal of that decision in theFlorida Supreme Court, which was affirmed on 11/14/02.

On04/26/01, Washington filed a Petition for Writ of Habeas Corpus in the FloridaSupreme Court, which was also denied on 11/14/02.

Washingtonfiled another 3.850 Motion in the State Circuit Court on 02/19/03, which wasdenied 11/19/03. 

On02/21/03, Washington filed a Petition for Writ of Habeas Corpus in the UnitedStates District Court, Middle District.  The case was closed on 03/14/03and held in abeyance until the resolution of state proceedings.  On06/09/08, Washington’s Petition for Writ of Habeas Corpus case in the UnitedStates District Court, Middle District was re-opened.  On 07/21/08,Washington filed an Amended Petition.  This case is currently pending.

Washingtonfiled a 3.853 Motion in the Circuit Court on 09/26/03 that was denied on10/10/05.

Washingtonfiled a Habeas Appeal in the Florida Supreme Court on 01/06/04.  TheFlorida Supreme Court affirmed the denial of Washington’s 3.850 Motion on05/12/05.

On07/29/05, Washington filed a 3.850 Motion in the State Circuit Court.  Themotion was denied on 10/17/05. 

On09/30/05, Washington filed a Petition for Writ of Certiorari in the UnitedStates Supreme Court.  The petition was denied on 12/05/05.

Washingtonfiled a 3.853 Appeal in the Florida Supreme Court on 12/06/05.  On10/13/06, the FSC affirmed the denial of the motion.

On06/20/07, Washington filed a 3.851 Motion in the State Circuit Court.  Themotion was denied on 07/25/07.

On08/09/07, Washington filed a 3.851 Appeal in the Florida Supreme Court. On 05/18/08, the Florida Supreme Court affirmed the Circuit Court’sdisposition.

InstitutionalAdjustment:

  DATE    DAYS             VIOLATION                       LOCATION     

 --------       ----        ----------------------------               -------------------

10/06/90     30        DISRESP.TOOFFICIALS            HAMILTONC.I.     

09/24/93      0          DISOBEYINGORDER                   UNION C. I.       

04/21/05      0          DISOBEYINGORDER                   UNION C. I.

________________________________________________________________

ReportDate:   07/25/02          EMC

Approved:       07/26/02          WS

Updated:         09/02/10          MJH