Michael J. Griffin

Case details

Michael J. Griffin was sentenced to death for the first-degree murders of Tom McCallops and Patricia McCallops.

People involved

• Michael J. Griffin (defendant)
• Tom McCallops (victim)
• Patricia McCallops (victim)
• Anthony Lopez (codefendant)
• Nicolas Kocolis (associate mentioned in the circumstances of the offense)
• Bjorn Brunvand (Assistant Public Defender; trial attorney)
• Kevin Briggs (Assistant Public Defender; direct appeal attorney)
• Terri Backhus and Celeste Bacchi (CCRC-S; collateral appeals attorneys)
• The Honorable Brandt Downey (sentencing judge)

Timeline

• 10/07/95 — Michael Griffin and Anthony Lopez returned to Service America armed with a 9 mm pistol and a shotgun after one failed attempt; an employee recognized Griffin and let them into the warehouse.
• 11/29/95 — Michael Griffin was indicted on two counts of First-Degree Murder (Tom McCallops and Patricia McCallops).
• 06/13/97 — Griffin pled guilty to both counts of the indictment.
• 12/08/97 — Griffin waived a jury recommendation vote.
• 07/10/98 — Griffin was sentenced to death on both counts of First-Degree Murder.
• 09/14/98 — Griffin filed a direct appeal with the Florida Supreme Court.
• 05/30/02 — The Florida Supreme Court affirmed the convictions and sentences.
• 08/27/03 — Griffin filed a 3.850 Motion with the Circuit Court.
• 09/19/03 — Griffin amended the 3.850 Motion.
• 07/25/05 — Griffin further amended the 3.850 Motion; the Motion was pending before the court.

Background

After graduating from high school, Michael Griffin began working for his father as a service and repair technician at Moore’s Refrigeration. Moore’s dealt with vending companies which needed servicing for vending machines and coolers. One such company was Service America Corporation, where Griffin became familiar with the facility, the employees, and the large amount of cash kept there.

In 1995, Griffin left Moore’s Refrigeration and became addicted to cocaine, selling drugs to earn money to buy more cocaine. Griffin moved in with the man for whom he was selling drugs, Nicolas Kocolis. There he met another addict, Anthony Lopez. Griffin was in financial trouble and decided to steal money from Service America Corporation, which kept large amounts of money collected from their vending machines.

Kocolis, Lopez, and Griffin had planned to steal the money, but then Kocolis decided against the plan. Griffin planned to gain access to Service America’s warehouse through any Service America employee who would recognize him from previous service visits and let him into the warehouse.

The offence

On 10/07/95, after one failed attempt, Griffin and Lopez returned to Service America armed with a 9 mm pistol and a shotgun. They spotted an employee who recognized Griffin and let them into the warehouse. Tom McCallops was accompanied by his wife, Patricia McCallops, that evening.

Once inside the warehouse, Griffin and Lopez showed their weapons. Lopez forced the McCallops into a cooler while Griffin opened the lockers where the money was kept.

Griffin testified at the sentencing phase that while he was opening the money lockers, he heard Lopez shoot the McCallopses with the shotgun. Other witnesses testified that Griffin told them that he shot the McCallopses with the shotgun after the money was taken, and he also told Lopez to finish the job with the 9 mm.

Forensic and injury evidence

Autopsies showed that Tom McCallops received:

• a life-threatening shotgun wound to his upper chest and neck, and
• four handgun wounds to his hip, thigh, and head.

Patricia McCallops had two handgun wounds:

• one to the head, and
• one to the chest.

Further forensic investigation matched the tire tracks left at the Service America warehouse to the tires on Griffin’s van.

Investigation and implicated links

Griffin and Lopez were initially implicated in the robbery and murder through a conversation that the pair had with an acquaintance in a bar across the street from the Service America warehouse.

Codefendant and related individuals

• Anthony Lopez developed severe mental problems prior to trial. He had been institutionalized in order to restore his competency to stand trial.
• Nicolas Kocolis was incarcerated on a probation violation not related to the McCallops murders.

Trial

Indictment

On 11/29/95, Griffin was indicted as follows:

• Count I — First-Degree Murder (Tom McCallops)
• Count II — First-Degree Murder (Patricia McCallops)

Plea and waiver

On 06/13/97, Griffin pled guilty to both counts of the indictment. On 12/08/97, Griffin waived jury recommendation vote.

Sentencing

On 07/10/98, Griffin was sentenced as follows:

• Count I (First-Degree Murder of Tom McCallops) — Death
• Count II (First-Degree Murder of Patricia McCallops) — Death

The sentencing judge was The Honorable Brandt Downey.

Appeals

Direct appeal

Griffin filed a direct appeal with the Florida Supreme Court on 09/14/98, citing the following errors:

• improper finding of a voluntary and intelligent waiver of a jury recommendation,
• failing to consider mitigating evidence, and
• improper doubling of aggravating circumstances.

On 05/30/02, the Florida Supreme Court affirmed the convictions and sentences.

Post-conviction motion

Griffin filed a 3.850 Motion with the Circuit Court on 08/27/03 and amended the Motion on 09/19/03 and 07/25/05. The Motion was pending before the court.

Other details

Griffin had trial attorney Bjorn Brunvand (Assistant Public Defender), direct appeal attorney Kevin Briggs (Assistant Public Defender), and collateral appeal attorneys Terri Backhus and Celeste Bacchi (CCRC-S).

The case was in the Sixth Judicial Circuit, Pinellas County, Case # 95-18753. The opinion referenced Supreme Court of Florida opinion SC93906 DC# 124518. Griffin’s date of birth was 12/17/70.