William Van Poyck

Case information

William Van Poyck (DC #034071; DOB: 07/04/54) was convicted in the Fifteenth Judicial Circuit, Palm Beach County, Florida, Case #87-6736-CF-A02.

Sentencing judge: The Honorable Michael D. Miller Trial attorney: Cary E. Klein, Esq. Direct appeal attorneys: William Lasley and Peter Grable – Private Attorney Collateral appeals: Ned Nasban – Private

Timeline

• 06/24/87 — Van Poyck and an accomplice ambushed a prison van during the transport of a state prisoner named James O’Brien, assaulted the guards, and fired shots that killed one guard and struck other targets; Van Poyck and Valdez fled and were later arrested after a chase.
• 07/14/87 — Van Poyck was indicted on multiple counts, including First-Degree Murder and Armed Robbery.
• 11/15/88 — The jury returned guilty verdicts on all counts of the indictment and information.
• 11/18/88 — The jury recommended the death penalty by a vote of 11-1.
• 12/21/88 — Van Poyck was sentenced.
• 02/06/89 — Van Poyck filed a direct appeal in the Florida Supreme Court.
• 07/05/90 — The Florida Supreme Court affirmed the convictions and the sentence of death.
• 01/15/91 — Van Poyck filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 03/18/91 — The United States Supreme Court denied the petition.
• 12/01/92 — Van Poyck filed a 3.850 Motion in the Circuit Court.
• 07/08/94 — The Circuit Court denied the 3.850 Motion.
• 09/07/94 — Van Poyck filed a 3.850 Motion Appeal in the Florida Supreme Court.
• 03/27/97 — The Florida Supreme Court affirmed the denial of the 3.850 Motion.
• 05/27/97 — Van Poyck filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 10/06/97 — The United States Supreme Court denied the petition.
• 02/10/97 — Van Poyck filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 05/14/98 — The Florida Supreme Court denied the petition.
• 08/25/97 — Van Poyck filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 12/01/97 — The United States Supreme Court denied the petition.
• 10/28/98 — Van Poyck filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 12/01/98 — The Florida Supreme Court denied the petition without a published opinion.
• 01/13/99 — Van Poyck filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 03/22/99 — The United States Supreme Court denied the petition.
• 02/12/99 — Van Poyck filed a federal Petition for Writ of Habeas Corpus in the United States District Court.
• 09/20/99 — The United States District Court denied the petition.
• 12/27/99 — Van Poyck filed an Appeal in the United States Court of Appeals.
• 05/09/02 — The United States Court of Appeals affirmed the denial of the Habeas Petition.
• 02/07/01 — Van Poyck filed a Petition for Writ of Certiorari in the U.S. Supreme Court.
• 10/07/02 — The U.S. Supreme Court denied the petition.
• 09/19/02 — Van Poyck filed a Petition for Writ of Certiorari in the U.S. Supreme Court.
• 01/13/03 — The U.S.
• 12/20/02 — Van Poyck filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 08/20/03 — The Florida Supreme Court denied the petition without a published opinion.
• 10/31/03 — Rehearing was denied.
• 09/30/03 — Van Poyck filed a 3.853 (DNA) Motion in the Circuit Court.
• 02/24/04 — The 3.853 (DNA) Motion was denied.
• 01/29/04 — Van Poyck filed a Petition for Writ of Certiorari in the U.S. Supreme Court.
• 04/05/04 — The U.S.
• 04/26/04 — Van Poyck filed a 3.853 (DNA) Appeal in the Florida Supreme Court.
• 05/19/05 — The Florida Supreme Court affirmed the circuit court’s denial of Van Poyck’s motion for postconviction DNA testing.
• 04/26/05 — Van Poyck filed a 3.850 Motion in the Circuit Court.
• 06/23/05 — The 3.850 Motion was denied.
• 08/15/05 — Van Poyck filed a 3.850 Appeal in the Florida Supreme Court (currently pending).
• 12/05/05 — Van Poyck filed a Petition for Writ of Certiorari.
• 03/20/06 — The petition was denied.
• February 16, 2012 — The Florida Supreme Court denied Van Poyck’s latest appeal of his 1988 conviction for killing Fred Griffis.
• 06/12/2013 — Van Poyck was executed by lethal injection.

The offence

Circumstances of offence

On 06/24/87, during the transport of a state prisoner named James O’Brien, Van Poyck and an accomplice, Frank Valdez, ambushed the two guards in the prison van, assaulted them, and fired three shots—one to the head and two to the chest—into one of the guards, killing him instantly.

In an attempt to free O’Brien from the van, Van Poyck fired numerous shots at the padlock of the van door, with one ricocheting and striking the other guard. Van Poyck and Valdez then fled the scene in a Cadillac, and a chase with police ensued. During the chase, Van Poyck fired numerous shots at the pursuing police cars, striking three of them. Eventually, Valdez lost control of the car and it struck a tree. The two were arrested and four pistols were recovered from the car, including the service revolver of the guard that was killed.

Prison van ambush and victim naming in case narrative

In 1987, Van Poyck and Frank Valdes ambushed a prison van outside a West Palm Beach doctor’s office in a failed attempt to free James O’Brien, with whom they had served time. Fred Griffis was fatally shot after he threw the van’s keys into the bushes to foil the escape.

Investigation and arrest

Van Poyck and Valdez were captured following a car chase after fleeing the scene in a Cadillac. Four pistols were recovered from the car, including the service revolver of the guard that was killed.

Trial

Indictment and charges

Van Poyck was indicted on 07/14/87 on the following counts:

• Count I: First-Degree Murder
• Count II: Armed Robbery
• Counts VI–XI: Attempted Manslaughter
• Count XII: Aggravated Assault
• Count XIV: Aiding the Escape of an Inmate

Information presented by the prosecutor charged Van Poyck with one count of Attempted First-Degree Murder.

Verdicts and jury recommendation

On 11/15/88, the jury returned guilty verdicts on all counts of the indictment and information. On 11/18/88, by a vote of 11-1, the jury recommended the death penalty.

Sentencing

On 12/21/88, the court sentenced Van Poyck as follows:

• Count I: First-Degree Murder — Death
• Count II: Armed Robbery — Life
• Counts VI–XI: Attempted Manslaughter — 15 years
• Count XII: Aggravated Assault — 5 years
• Count XIV: Aiding the Escape of an Inmate — 15 year - Life imprisonment

Appeals

Direct appeal

Van Poyck filed a direct appeal in the Florida Supreme Court on 02/06/89. The Florida Supreme Court affirmed the convictions and the sentence of death on 07/05/90. Van Poyck raised six issues from the guilt phase and fifteen issues from the penalty phase.

United States Supreme Court petitions on direct review

Van Poyck filed a Petition for Writ of Certiorari in the United States Supreme Court on 01/15/91, which was denied on 03/18/91.

Van Poyck filed a Petition for Writ of Certiorari in the United States Supreme Court on 05/27/97, which was denied on 10/06/97.

Van Poyck filed a Petition for Writ of Certiorari in the United States Supreme Court on 08/25/97, which was denied on 12/01/97.

Van Poyck filed a Petition for Writ of Certiorari in the United States Supreme Court on 01/13/99, which was denied on 03/22/99.

Van Poyck filed a Petition for Writ of Certiorari in the U.S. Supreme Court on 02/07/01, denied on 10/07/02. Supreme Court on 09/19/02, denied on 01/13/03. Supreme Court on 01/29/04, denied on 04/05/04. Van Poyck filed a Petition for Writ of Certiorari on 12/05/05, denied on 03/20/06.

Postconviction motions and habeas petitions in Florida and federal court

Van Poyck filed a 3.850 Motion in the Circuit Court on 12/01/92; it was denied on 07/08/94. Van Poyck filed a 3.850 Motion Appeal in the Florida Supreme Court on 09/07/94, contending ineffective assistance of counsel. The Florida Supreme Court affirmed the trial court’s denial on 03/27/97.

Van Poyck filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 02/10/97. He argued ineffective assistance of counsel, error in the weighing of invalid aggravating circumstances during the penalty phase, and that he was charged and convicted of criminal offenses that did not exist as a matter of law (attempted first degree murder). The Florida Supreme Court denied the petition on 05/14/98.

Van Poyck filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 10/28/98. The petition was denied without a published opinion on 12/01/98.

Van Poyck filed a federal Petition for Writ of Habeas Corpus in the United States District Court on 02/12/99, which was denied on 09/20/99.

Van Poyck filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 12/20/02, raising issues regarding Ring v. Arizona. The petition was denied without a published opinion on 08/20/03, and rehearing was denied on 10/31/03.

Federal appellate proceedings

Van Poyck filed an Appeal in the United States Court of Appeals on 12/27/99. The appeal raised issues of ineffective assistance of counsel and Brady claims. On 05/09/02, the United States Court of Appeals affirmed the United States District Court’s denial of the Habeas Petition.

DNA-related motions and appeals

Van Poyck filed a 3.853 (DNA) Motion in the Circuit Court on 09/30/03; it was denied on 02/24/04. Van Poyck filed a 3.853 (DNA) Appeal in the Florida Supreme Court on 04/26/04. On 05/19/05, the Florida Supreme Court affirmed the circuit court’s denial of his motion for postconviction DNA testing.

Additional 3.850 motions and appeals

Van Poyck filed a 3.850 Motion in the Circuit Court on 04/26/05, and it was denied on 06/23/05. On 08/15/05, Van Poyck filed a 3.850 Appeal in the Florida Supreme Court; the appeal was currently pending.

Outcome

On February 16, 2012, the Florida Supreme Court denied Van Poyck’s latest appeal of his 1988 conviction for killing Fred Griffis. In the decision context described, the denial involved affidavits from four jurors, and the court ruled that even with the information in the affidavits, the outcome would not have changed.

On June 12, 2013, Van Poyck was executed by lethal injection. His execution occurred at Florida State Prison. He was pronounced dead at 7:24 p.m., 23 minutes after the injection process began. When asked if he had any last words, Van Poyck lifted his head and answered:

“Set me free.”
He added “that’s it” before laying his head back down.

Aftermath

Additional details about accomplice and related events

In 1999, Frank Valdes was fatally beaten in prison at Florida State Prison. Three guards were tried and acquitted. The state paid Valdes’ family $737,000 to settle a civil lawsuit.

After Valdes’ death, Van Poyck was moved to Sussex State Prison in Virginia for his safety.

Writing and communications while on death row

Van Poyck wrote a 324-page autobiography, “A Checkered Past: A Memoir,” and he wrote two novels. He kept a blog since 2005 by writing letters to his sister, who posted them online. He also wrote about his pending execution.

Quoted statements in the narrative:

“He's finally free from those prison walls,” Lisa Van Poyck, the inmate’s sister, said as she stood among the protesters standing across the street from the building where her brother was executed.

“It's been a very traumatic experience,” said Norman Traylor, the victim’s cousin.

“Justice has prevailed,” said Steve Turner, one of the corrections officers ambushed that day. “They can close the book.”

“He is deeply remorseful for the ending of Fred Griffis' life,” Lisa Van Poyck told The Associated Press on Tuesday.

“He is guilty of a crime of trying to break somebody out of a prison transport van — he had no intention of hurting anyone.”

In his blog, Van Poyck wrote:

“I am not unusual in wanting to believe, at the end of my line, that my life counted for something good, that I had some positive influence on someone, that my life made a difference, that I was able to at least partially atone for the many mistakes I made earlier in life,” he wrote.

Statements from the victim’s family

Fred Griffis’ family members planned a gathering on Wednesday for quiet reflection about Fred Griffis’ life. Fred Griffis’ brother, Ronald Griffis, said:

“When he was murdered, it basically ripped a hole in the family's heart that's never really healed,”

Ronald Griffis also said:

“I knew that even at the end, he was still my brother, he was still Freddy, that's who he was. He protected others.”

Mentions of other death-row inmates

On death row, Van Poyck overlapped with Herman Lindsey and Seth Penalver, who had been sentenced to die at the same prison but were exonerated after new evidence uncovered their innocence. The narrative states that Van Poyck and Lindsey developed a friendship and both men were vocal opponents of the “Timely Justice Act,” a proposed bill that would dramatically expedite the time it takes to carry out death sentences in Florida.

Other details

Case docket information and citations

• Florida Supreme Court Docket #84324 — William Van Poyck, Appellant, vs. State of Florida, Appellee; 694 So. 2d 686; March 27, 1997.
• Docket #SC04-696 — William Van Poyck, Appellant, vs. State of Florida, Appellee; 908 So. 2d 326; May 19, 2005.

Prison execution-day context

The execution chamber revealed Van Poyck to 23 witnesses behind glass. At precisely 7:00 p.m., a brown curtain raised in the execution chamber to reveal the witnesses’ view of Van Poyck. His body was largely covered in a white sheet, with his face and his arms visible; he was in a supine position with a single intravenous line in each arm held to the gurney by large brown leather straps. Outside the prison, a small group of protesters and onlookers gathered, including two men once sentenced to die at the same prison who were exonerated after new evidence.