Michael Allen Griffin

Case information

Michael Allen Griffin was born on 03/27/70. He was tried in the Eleventh Judicial Circuit, Dade County, under Case #90-16875-C. The sentencing judge was The Honorable Arthur Snyder. Trial counsel was Andrew Kassier (Private Attorney). Direct appeal counsel was Andrew Kassier (Special Assistant Public Defender Attorney). Collateral appeals counsel was Martin McClain (Registry).

Timeline

• 04/27/90 — Date of offense.
• 05/02/90 — Indicted as follows: Count I First- Degree Murder (Martin); Count II Armed Burglary; Count III Grand Theft; Count IV Grand Theft Auto; Count V Aggravated Assault (Crespo); Count VI Petty Theft; Count VII Possession of a Firearm by a Felon.
• 12/13/90 — State nolle prossed Counts V & VI.
• 02/08/91 — Presented information charging one count of Attempted First-Degree Murder (Crespo); Count VII severed.
• 02/14/91 — Jury returned guilty verdicts on all counts of the indictment.
• 02/14/91 — Jury recommended death by a vote of 10-2.
• 03/07/91 — Sentenced as follows: Count I First- Degree Murder (Martin) — Death; Count II Armed Burglary — Life Imprisonment; Count III Grand Theft — 5 years; Count IV Grand Theft Auto — 5 years; Count V Attempted First-Degree Murder (Crespo) — Life Imprisonment.
• 04/30/91 — Griffin filed a Direct Appeal with the Florida Supreme Court.
• 07/07/94 — The Florida Supreme Court affirmed the convictions and sentences.
• 01/04/95 — Griffin filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 03/06/95 — The U.S. Supreme Court denied the Petition for Writ of Certiorari.
• 10/29/98 — Griffin’s 3.850 Motion was amended.
• 12/10/99 — Griffin’s 3.850 Motion was amended.
• 05/05/00 — Circuit Court summarily denied all but two issues and ordered an evidentiary hearing to be held on Griffin’s allegations of ineffective assistance of counsel and ex-parte communications between the State and trial judge concerning the sentencing order.
• 09/25/03 — The Florida Supreme Court affirmed the denial of the 3.850 Motion.
• 06/23/03 — Griffin filed a 3.851 Motion with the Circuit Court.
• 07/01/03 — The State filed a motion to dismiss.
• 10/17/03 — The State’s motion to dismiss was granted.
• 02/28/01 — Griffin filed a 3.850 Motion Appeal with the Florida Supreme Court.
• 08/02/04 — Griffin filed a 3.851 Motion Appeal with the Florida Supreme Court.
• 11/01/04 — The U.S. Supreme Court denied a Petition for Writ of Certiorari.
• 06/24/04 — Griffin filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 01/20/05 — The Florida Supreme Court affirmed the denial of the 3.851 Motion.
• 03/07/05 — Griffin filed a 3.851 Motion with the Circuit Court.
• 05/19/05 — The 3.851 Motion was denied.
• 05/08/06 — Griffin filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court that is pending.
• 07/07/04 — Griffin filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District.
• 04/19/05 — The U.S. District Court dismissed the Petition without prejudice.

The offence

On 04/27/90, Michael Griffin, Samuel Velez, and Nicholas Tarallo decided to commit a burglary. They left Tarallo’s apartment in Griffin’s father’s Cadillac and drove to the location of a Chrysler LeBaron, where they switched cars. Griffin had previously stolen the LeBaron, which had been used in prior burglaries.

The three searched for an appropriate target and arrived at a Holiday Inn in Newport, Florida, where Griffin had prior successful burglaries. Griffin and Velez entered a hotel room and stole a cellular phone and purse. After leaving the Holiday Inn, the three observed a police car.

Griffin panicked and told Tarallo to evade the police car. Another police car, driven by Officers Martin and Crespo, spotted the LeBaron and followed. Tarallo tried to pull over, but Griffin stated that he would not go back to jail and ordered Tarallo to continue evading the police. Tarallo eventually pulled over, and as the three attempted to escape, Griffin began shooting at the police, killing Officer Martin.

Tarallo and Velez surrendered to Officer Crespo, while Griffin fled in the LeBaron and was eventually apprehended.

Codefendants

Nicholas Tarallo, in exchange for testifying for the State, pled guilty to Second-Degree Murder, Attempted First-Degree Murder, Burglary, and two counts of Grand Theft. Tarallo was sentenced to thirty years in prison.

Samuel Velez was convicted of Manslaughter, Attempted Manslaughter, Armed Burglary, and two counts of Grand Theft. Velez was sentenced to life in prison.

Charges and trial proceedings

Griffin was indicted on 05/02/90 on the following counts:

• Count I: First- Degree Murder (Martin)
• Count II: Armed Burglary
• Count III: Grand Theft
• Count IV: Grand Theft Auto
• Count V: Aggravated Assault (Crespo)
• Count VI: Petty Theft
• Count VII: Possession of a Firearm by a Felon

On 12/13/90, the State nolle prossed Counts V & VI.

On 02/08/91, presented information charged one count of Attempted First-Degree Murder (Crespo), and Count VII severed.

On 02/14/91, the jury returned guilty verdicts on all counts of the indictment.

Sentencing

On 03/07/91, Griffin was sentenced as follows:

• Count I First- Degree Murder (Martin) — Death
• Count II Armed Burglary — Life Imprisonment
• Count III Grand Theft — 5 years
• Count IV Grand Theft Auto — 5 years
• Count V Attempted First-Degree Murder (Crespo) — Life Imprisonment

The jury recommended death by a vote of 10-2 on 02/14/91.

Direct appeal

Griffin filed a Direct Appeal with the Florida Supreme Court on 04/30/91, citing errors including:

• allowing admission evidence of prior criminal acts at trial
• restricting nonstatutory mitigating evidence
• the finding of certain aggravating factors (murder committed during a felony and cold, calculated, and premeditated murder)

On 07/07/94, the Florida Supreme Court affirmed the convictions and sentences.

U.S. Supreme Court certiorari (direct appeal)

Griffin filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 01/04/95, and it was denied on 03/06/95.

State post-conviction proceedings (3.850)

Griffin filed a 3.850 Motion with the Circuit Court. It was amended on 10/29/98 and 12/10/99.

On 05/05/00, the Circuit Court summarily denied all but two issues and ordered an evidentiary hearing on Griffin’s allegations of ineffective assistance of counsel and ex-parte communications between the State and trial judge concerning the sentencing order.

During September and October of 2000, the evidentiary hearing was held. On 01/11/01, the Circuit Court denied the remaining issues of the 3.850 Motion.

Griffin filed a 3.850 Motion Appeal with the Florida Supreme Court on 02/28/01, citing twenty-one issues, most of which focused on allegations of ineffective assistance of counsel. On 09/25/03, the Florida Supreme Court affirmed the denial of the 3.850 Motion.

Additional state post-conviction (3.851)

Griffin filed a 3.851 Motion with the Circuit Court on 06/23/03. The State filed a motion to dismiss on 07/01/03, and it was granted on 10/17/03.

Griffin filed a 3.851 Motion Appeal with the Florida Supreme Court on 08/02/04. On 01/20/05, the Florida Supreme Court affirmed the denial of the 3.851 Motion.

Griffin filed a 3.851 Motion with the Circuit Court on 03/07/05, and it was denied on 05/19/05.

U.S. Supreme Court certiorari (3.851)

Supreme Court on 06/24/04. The petition was denied on 11/01/04.

Federal habeas corpus

Griffin filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District, on 07/07/04. On 04/19/05, the U.S.

Habeas corpus in the Florida Supreme Court

Griffin filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 05/08/06. The petition was pending.

Other details

The Supreme Court of Florida opinion number was 77843, identified as opinion SC0 1 - 457 DC# 182543. The offense date was 04/27/90. The case record referenced an April 27 burglary plan leading to a Holiday Inn location in Newport, Florida, and a subsequent police shooting that killed Officer Martin.