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.
WAY, Fred Lewis (W/M)
DC #092712
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 PublicDefender
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 inan argument in the garage of their home in Tampa, Florida. When the argumentescalated, Way hit his wife over the head with a hammer numerous times,incapacitating her. Then, Way called his eldest daughter, Adrienne, into thegarage. When Adrienne saw her mother on the floor, she screamed. Way then hither over the head with the hammer two times – hard enough to fracture anddislodge part of her skull. Way then poured gasoline on the bodies of his wifeand daughter and ignited the gasoline. Way’s youngest daughter, Tiffany, heardscreaming and noticed the flames in the garage. She asked her father if sheshould call the fire department, but she got no response. Tiffany then went toa neighbor’s house and called the fire department.
Passerby Randall Hierlmeier testified that he noticed theflames in the garage of the Way household through a small crack at the base ofthe garage door, as well as a human form covered in flames attempting to liftitself up and then collapsing. Hierlmeier immediately called the firedepartment. After a crowd had gathered outside the house, someone asked Way ifthere was anyone inside the garage and, after a few moments, Way conceded thathis daughter was in the garage; however, he denied having possession of a keyto unlock the garage door.
After the firemen had extinguished the flames, theydiscovered the bodies of Carol and Adrienne Way in the garage. The medicalexaminer noted that the two women suffered burns over 100 percent of theirbodies 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 anddaughter. Way’s version of events was that his wife and daughter had gotteninto a fight, hit each other over the head and then an electrical box in thegarage exploded, igniting the gasoline and causing the fire.
Trial Summary:
08/03/83 Thedefendant was indicted on the following charges:
CountI: First-Degree Murder (Carol Way)
CountII: First-Degree Murder (Adrienne Way)
CountIII: First-Degree Arson
08/11/83 The defendant entered a plea of“not guilty.”
12/21/83 The jury found the defendantguilty of First-Degree Arson, the First-Degree Murder of Adrienne Way and theSecond-Degree Murder of Carol Way.
12/22/83 Upon advisory sentencing, thejury, by a 7 to 5 majority, voted for the death penalty for the murder of Adrienne Way.
01/23/84 Thedefendant was sentenced as follows:
CountI: Second-Degree Murder (Carol Way) – 99 Years
CountII: First-Degree Murder (Adrienne Way) - Death
Count III: First-Degree Arson - 30 Years
09/06/90 The Florida Supreme Court grantedWay’s Petition for Writ of Habeas Corpus and remanded for a new penalty phasebefore a new jury.
07/25/91 During the new penalty phase, thejury again recommended the death penalty by a 7 to 5 vote for the murder of Adrienne Way.
08/22/91 The defendant was resentenced asfollows:
CountI: Second-Degree Murder (Carol Way) – 99 Years
CountII: First-Degree Murder (Adrienne Way) - Death
Count III: First-Degree Arson - 30 Years
Appeal Summary:
Florida Supreme Court - Direct Appeal
FSC #64,931
496 So. 2d 126 (Fla. 1986)
02/27/84 Appealfiled.
09/18/86 FSCaffirmed the convictions and sentence of death.
11/14/86 Rehearing denied.
State Circuit Court - 3.850 Motion
CC #83-8179
04/04/88 Motion filed.
04/08/88 Stay granted.
12/09/89 Motion denied.
Florida Supreme Court - 3.850 Appeal
FSC #73,649
568 So. 2d 1263 (Fla. 1990)
02/02/89 Appeal filed.
09/06/90 In a consolidated opinion with Way’sHabeas Petition, FSC affirmed the denial of Way’s 3.850 Motion.
Florida Supreme Court - Petition for Writ of Habeas Corpus
FSC #72,201
568 So. 2d 1263 (Fla. 1990)
04/04/88 Petition filed.
09/06/90 In a consolidated opinion with Way’s3.850 Appeal, FSC granted Way’s Habeas Petition and remanded for new penaltyphase.
State Circuit Court - 3.850 Motion (filed prior to resentencing)
CC #83-8179
06/04/91 Motion filed.
06/05/91 Motion denied.
Florida Supreme Court - 3.850 Appeal
FSC #78,640
630 So.2d 177 (Fla. 1993)
09/20/91 Appeal filed.
12/23/93 Ina consolidated opinion with Way’s Direct Appeal following resentencing, FSCreversed the denial of Way’s 3.850 Motion and remanded the case for anevidentiary hearing on his claim that the state improperly withheld photographsfrom the arson investigation. FSC reserved ruling on Way’s Direct Appealpending the disposition of the evidentiary hearing.
Florida Supreme Court - Direct Appeal, Resentencing
FSC #78,640
State Circuit Court - 3.850 Motion (On Remand fromFSC)
CC #83-8179
12/23/93 FSCreversed the denial of Way’s 3.850 Motion and remanded for an evidentiaryhearing on the issue of Brady material.
07/23/97 Followingan evidentiary hearing, the State Circuit Court again denied Way’s 3.850Motion.
Florida Supreme Court - 3.850 Appeal
FSC #78,640
760 So. 2d903 (Fla. 2000)
09/02/97 Appeal returned to the FSC forconsideration.
04/20/00 Ina consolidated opinion with Way’s Direct Appeal, FSC affirmed the denial ofWay’s 3.580 Motion and affirmed his convictions and sentence of death.
06/15/00 Rehearing denied.
07/19/00 Mandateissued.
Florida Supreme Court - Direct Appeal, Resentencing
FSC #78,640
760 So. 2d 903 (Fla. 2000)
09/02/97 Appeal returned to the FSC forconsideration.
04/20/00 Ina consolidated opinion with Way’s 3.850 Appeal, FSC affirmed the denial ofWay’s 3.580 Motion and affirmed his convictions and sentence of death.
06/15/00 Rehearing denied.
07/19/00 Mandate issued.
U.S. Supreme Court - Petition for Writ of Certiorari
USSC #00-6985
531 U.S. 1155 (U.S. 2001)
09/13/00 Petition filed.
02/20/01 Petition denied.
Circuit Court – 3.850 Motion
CC #83-8179B
01/10/05 Motion filed.
06/16/05 Motiondismissed.
Warrants
03/03/88 Death warrant signed by Governor BobMartinez.
05/04/88 Execution set.
04/08/88 Stay granted by the State Circuit Court.
Clemency
12/07/87 Clemency hearing held (denied).
Factors Contributing to the Delay in the Imposition of the Sentence
Way’s case has experienced a number of delays since hisconviction in 1983. The case was first remanded for a new penalty phase in1990, when the Florida Supreme Court granted Way’s Petition for Writ of HabeasCorpus. Following resentencing, the Florida Supreme Court remanded Way’s 3.850Appeal for an evidentiary hearing on his claim of a Brady violation. Followingthe evidentiary hearing, the State Circuit Court again denied relief in 1997. Since that time, Way’s consolidated Direct Appeal and 3.850 Appeal were bothaffirmed by the Florida Supreme Court in April 2000.
Case Information:
On 02/27/84, Way filed aDirect Appeal in the Florida Supreme Court. In that appeal, he argued that thetrial court erred in denying him the opportunity to present testimony from aclinical psychologist on his behalf, and the trial court erred in failing togrant his motion for judgment of acquittal. Way also argued the considerationand application of aggravating factors in support of his death sentence. TheFlorida Supreme Court affirmed the convictions and sentence of death on09/18/86.
On 03/03/88, Governor BobMartinez signed a death warrant for Fred Way. Subsequently, Way filed a 3.850Motion and a Stay of Execution in the State Circuit Court. The trial courtgranted Way’s Stay of Execution on 04/08/88 and denied his 3.850 Motion on12/09/89. Way then filed an appeal of that decision and a Petition for Writ ofHabeas Corpus in the Florida Supreme Court. The Supreme Court consolidated thetwo cases, noting that only two of Way’s claims warranted further examination. Way argued that the trial testimony of his youngest daughter Tiffany wasunreliable because it was induced by hypnosis and that his attorney wasineffective for failing to try and exclude it. Way also contended that thejury instructions during the penalty phase were improper, violating thedictates 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 forWrit of Habeas Corpus and affirmed the denial of his 3.850 Appeal. The courtremanded 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 withheldphotographs from the arson investigation. That motion was subsequently deniedand, following a new penalty phase, Way was again sentenced to death on08/22/91. Way then filed a Direct Appeal and a 3.850 Appeal in the Florida SupremeCourt, which were consolidated into one case. In the 3.850 Appeal, Way arguedthat the State failed to disclose certain photographs from the arsoninvestigation to the defense. Way contended that those photos could have lentcredence to his theory that his wife and daughter were killed by a propane gasexplosion ignited by a tripped circuit. The Florida Supreme Court agreed withWay in that an evidentiary hearing should have been held to determine if theaforementioned photographs were improperly withheld. The Florida Supreme Courtreversed the denial of Way’s 3.850 Motion on 12/23/93 and remanded to the StateCircuit Court for an evidentiary hearing on the issue. The disposition ofWay’s Direct Appeal was withheld pending the resolution of the evidentiaryhearing. After holding an evidentiary hearing, the State Circuit Court deniedrelief on Way’s claim that the State improperly withheld exculpatory evidencefrom the arson investigation. Following the denial of 3.850 Motion, theFlorida Supreme Court resumed consideration of Way’s 3.850 Appeal and DirectAppeal. In the 3.850 Appeal, Way argued that the trial court erred in denyinghis Brady claim and improperly limited the testimony presented at theevidentiary hearing. In the Direct Appeal, Way argued the admissibility ofevidence questioning his guilt of arson and the application of aggravatingfactors. On 04/20/00, the Florida Supreme Court affirmed Way’s Direct Appealand 3.850 Appeal.
Way subsequently filed aPetition for Writ of Certiorari in the United States Supreme Court, which wasdenied on 02/20/01.
On 01/10/05, Way filed a3.850 Motion in the Circuit Court. The motion was dismissed
on 06/16/05.
Way died of naturalcauses on 05/15/06.
Institutional Adjustment: FRED WAY DC #092712
DATE DAYS VIOLATION LOCATION
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04/28/94 0 DEFACINGSTATE PROP. UNION C. I.
09/18/02 – EW
09/19/02 – Approved – WS
05/30/06 – Updated - DDK