Date of Offense:
04/27/90
Date of Sentence:
03/07/91
Circumstances of
Offense:
On 04/27/93, 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 proceeded to
search for an appropriate target, finally arriving 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. Tarallo drove while Griffin and Velez
divided up the stolen property.
After leaving the
Holiday Inn, the three observed a police car. Griffin panicked
and told Tarallo to evade the police car.
During these
maneuvers, 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.
Codefendant
Information:
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. He was sentenced to thirty years
in prison.
Velez was
convicted of Manslaughter, Attempted Manslaughter, Armed
Burglary, and two counts of Grand Theft. He was sentenced to
life in prison.
Trial Summary:
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
Presented
information charging one count of Attempted First-Degree Murder (Crespo)
Count VII severed
02/08/91
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
Case Information:
Griffin filed a
Direct Appeal with the Florida Supreme Court on 04/30/91, citing
the following errors: allowing admission evidence of prior
criminal acts at trial, restricting nonstatutory mitigating
evidence, and the finding of certain aggravating factors (murder
committed during a felony and cold, calculated, and premeditated
murder).
On 07/07/94, the FSC affirmed the convictions and
sentences.
Griffin filed a
Petition for Writ of Certiorari with the U.S. Supreme Court on
01/04/95 that was denied on 03/06/95.
Griffin filed a
3.850 Motion with the Circuit Court that 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 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.
During September and October
of 2000, the evidentiary hearing was held, and 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 FSC
affirmed the denial of the 3.850 Motion.
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 that was granted on
10/17/03.
Griffin filed a
Petition for Writ of Certiorari with the U.S. Supreme Court on
06/24/04 that was denied on 11/01/04.
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 USDC dismissed
the Petition without prejudice.
Griffin filed a
3.851 Motion Appeal with the Florida Supreme Court on 08/02/04.
On 01/20/05, the FSC affirmed the denial of the 3.851 Motion.
Griffin filed a
3.851 Motion with the Circuit Court on 03/07/05 that was denied
on 05/19/05.
Griffin filed a
Petition for Writ of Habeas Corpus with the Florida Supreme
Court on 05/08/06 that is pending.
FloridaCapitalCases.state.fl.us
