Old case puts new twist on DNA test

Prosecutors in a retrial believe a sock will help them prove James Floyd killed Annie Bar Anderson in 1984.

LARGO - One month after the Florida Supreme Court ordered a new trial for a death row inmate convicted of killing a St. Petersburg woman in 1984, prosecutors on Friday said they will test evidence in the case for DNA.

James Floyd, 44, was sentenced to death for the murder of 86-year-old Annie Bar Anderson, who was known in her St. Petersburg neighborhood as the "Butterfly Lady." Police found her dead in her home, stabbed 11 times and lying on her bed.

Police developed Floyd as a suspect after he tried to cash one of Anderson's checks. A sock spattered with blood - the same type as Anderson's - was found in Floyd's jacket. Floyd was convicted and sentenced to death.

But defense attorneys later learned that police had interviewed a neighbor who claimed to have seen two other men enter the home about the time of the murder. The police seemed to dismiss the neighbor's claims and prosecutors never provided the statement to defense attorneys.

That prompted the Florida Supreme Court to order a new trial for Floyd. The state is asking the court to reconsider its decision.

In the meantime, prosecutors want to test evidence for DNA, which they believe will strengthen their case. They believe DNA from the sock will belong to Anderson. Hairs found in her bed also could be matched to Floyd.

DNA technology was not available at the time of the prosecution.

At a hearing Friday, Pinellas-Pasco Judge Timothy Peters gave prosecutors the go-ahead to test the evidence. "Obviously the state is entitled to take advantage of DNA technology," the judge said.

Defense attorney Martin McClain said he's not sure the DNA tests will show much. He anticipates the blood will be Anderson's. But he says Floyd found the checkbook and bloody sock in a Dumpster where the real killer had discarded it.

As for the hairs, McClain said they were found under the sheets and the bedspread. The victim's bed was made when she was found dead.

"I'm not sure how the hairs under the bed would tell anyone who the assailant is," he said.

If the state Supreme Court refuses to reconsider its decision, it will send a mandate ordering a new trial back to the court in Pinellas. Floyd can then demand a speedy trial within 90 days.

Because the case is 21 years old and has a lot of evidence, that could present challenges to the prosecution and Judge Peters, who inherited the case from another judge.

"I know nothing of this case," Peters said in court Friday. "I've never heard of it."

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