DC#  684135
DOB:  11/20/73

Seventh Judicial Circuit, Volusia County Case # 92-32105
Sentencing Judge: The Honorable Uriel Blount
Attorney, Trial: Thomas R. Mott – Private
Attorney, Direct Appeal: Thomas R. Mott – Private
Attorney, Direct Appeal (after resentencing): Jeffrey Dees – Private
Attorney, Collateral Appeals:  Mark Gruber – CCRC-M

Date of Offense: 05/09/92

Date of Sentence: 12/16/92

Date of Resentence: 05/07/98

Circumstances of Offense:

On 05/09/92, as they were emptying trash from the Taco Bell restaurant where they worked, Michelle Van Ness and Derek Mason were approached by Anthony Farina, 18, a former employee at that Taco Bell restaurant, and his brother, Jeffrey Farina, 16. 

Both of the brothers wore gloves, and Jeffrey Farina carried a .32-caliber pistol, while Anthony Farina carried a knife and rope.  The Farinas forced Van Ness and Mason back into the restaurant, where the brothers rounded up two other employees. 

Jeffrey held three employees at gunpoint while Anthony ordered Kimberly Gordon to open the safe and hand over the day’s receipts.  Then, the Farinas tied the employees’ hands behind their backs and forced them into the walk-in freezer. 

Shortly thereafter, Jeffrey shot Mason in the mouth, Gary Robinson in the chest, and Van Ness in the head.  Jeffrey attempted to shoot Gordon, but when the gun misfired, he stabbed her in the back.  Van Ness died the next day, but all of the other victims survived the attack.

The Farinas were arrested the next day when another Taco Bell employee recognized Anthony Farina at a gas station and called the police.

Codefendant Information:

Anthony and Jeffrey Farina were tried together, convicted, and sentenced to death.  Both of their death sentences were overturned on Direct Appeal. 

05/19/92       Indicted on the following charges:

Count I          First-Degree Murder

Count II-IV     Attempted First Degree Murder

Count V          Armed Robbery

Count VI         Burglary of an Occupied Structure with Battery

Count VII-X     Kidnapping

Count XI         Conspiracy to Commit First-Degree Murder

11/18/92        Jury returned guilty verdicts for Counts I-VI and XI and not guilty verdicts on Counts VII-X of the indictment

11/20/92         Jury recommended a death sentence by a vote of 7-5

12/16/92         Sentenced as follows:

Count I            First-Degree Murder – Death

Count II-IV      Attempted First-Degree Murder – Life imprisonment

Count V           Burglary of an Occupied Structure with Battery – Life Imprisonment

Count VI          Kidnapping – Life Imprisonment

Count XI          Conspiracy to Commit First-Degree Murder – Life Imprisonment

04/18/96         FSC affirmed convictions, vacated the death sentence, and remanded for a new sentencing hearing

04/20/98          Jury recommended a death sentence by a vote of 12-0

Farina filed a Direct Appeal with the Florida Supreme Court on 01/22/93, citing numerous errors, including multiple allegations of juror selection error; denial of pretrial motions; prosecutorial error; and disproportionate sentencing, compared to other crimes. 

On 04/18/96, the FSC, citing the trial court’s erroneous excusal of a qualified prospective juror for cause, affirmed all convictions, but vacated the death sentence and remanded to the trial court for a new sentencing hearing.

On 04/20/98, the resentencing jury recommended a death sentence by a vote of 12-0, and  Farina was resentenced to death on 05/07/98.

Farina filed a Direct Appeal with the Florida Supreme Court on 05/21/98, citing twelve trial court errors, including claims of error in jury selection, improper admission of evidence, unfounded aggravating circumstances, and the proportionality of the death sentence.  The FSC affirmed the death sentence on 08/16/01.

Farina filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/04/02 that was denied on 06/10/02.

Farina filed a 3.851 Motion with the Circuit Court on 04/04/03 and amended the Motion on 11/13/03.  On 07/12/04, the Circuit Court denied the Motion.

Farina filed a 3.851 Motion with the Florida Supreme Court on 08/16/04, raising the following issues: newly discovered evidence, evidentiary hearing testimonies, and ineffective assistance of counsel.  On 07/06/06, the FSC affirmed the denial of the motion.

Farina filed a 3.851 Motion with the Circuit Court on 05/09/05 that is pending.