The Commission on Capital Cases updates this information regularly

The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.

VAN POYCK, William (W/M)

DC # 034071

DOB: 07/04/54

Fifteenth Judicial Circuit, Palm Beach County, Case #87-6736-CF-A02

Sentencing Judge: The Honorable Michael D. Miller

Attorney, Trial: Cary E. Klein, Esq.

Attorneys, Direct Appeal: William Lasley and Peter Grable – Private

Attorney, Collateral Appeals: Jeffrey Davis, Lauri Rollings, Martin McClain – Private

Date of Offense: 06/24/87

Date of Sentence: 12/21/88

Circumstances of Offense:

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.

Trial Summary:

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

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, charging Van Poyck with one count of Attempted First-Degree Murder

11/15/88 The jury returned guilty verdicts on all counts of the indictment and information.

11/18/88 By a vote of 11-1, the jury recommended the death penalty.

12/21/88 Van Poyck was sentenced 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 years

Information: Life imprisonment

Appeals Summary:

Florida Supreme Court – Direct Appeal

FSC #73,662

564 So. 2d 1066

02/06/89 Direct appeal filed.

07/05/90 FSC affirmed conviction and sentence.

09/04/90 Rehearing denied.

10/04/90 Mandate issued.

United States Supreme Court – Petition for Writ of Certiorari

USSC #90-6816

499 U.S. 932

01/15/91 Petition filed.

03/18/91 USSC denied petition.

Circuit Court – 3.850 Motion

CC #87-6736

12/01/92 Motion filed.

07/08/94 Trial court denied motion.

Florida Supreme Court – 3.850 Motion Appeal

FSC #84,324

694 So. 2d 686

09/07/94 Appeal filed.

03/27/97 FSC affirmed denial of motion.

05/27/97 Rehearing denied.

06/26/97 Mandate issued.

United States Supreme Court – Petition for Writ of Certiorari

USSC #96-9569

522 U.S. 856

05/27/97 Petition filed.

10/06/97 USSC denied petition.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #89,870

715 So. 2d 930

02/10/97 Petition filed.

05/14/98 FSC denied petition.

08/07/98 Rehearing denied.

United States Supreme Court – Petition for Writ of Certiorari

USSC #97-373

522 U.S. 995

08/25/97 Petition filed.

12/01/97 USSC denied petition.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #94,200

728 So. 2d 206

10/28/98 Petition filed.

12/01/98 FSC denied petition.

United States Supreme Court – Petition for Writ of Certiorari

USSC #98-1147

526 U.S. 1018

01/13/99 Petition filed.

03/22/99 USSC denied petition.

United States District Court, Southern District – Petition for Writ of Habeas Corpus

USDC #99-8081

02/12/99 Petition filed.

09/20/99 USDC denied petition.

United States Court of Appeals, 11th Circuit – Habeas Corpus Appeal

USCA #99-14734

290 F. 3d 1318

12/27/99 Appeal filed.

05/09/02 USCA affirmed denial of petition.

United States Supreme Court – Petition for Writ of Certiorari

USSC #00-1553

537 U.S. 812

02/07/01 Petition filed.

10/07/02 USSC denied petition.

United States Supreme Court – Petition for Writ of Certiorari

USSC #02-484

537 U.S. 1105

09/19/02 Petition filed.

01/13/03 USSC denied petition.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 02-2661

860 So. 2d 980

12/20/02 Petition filed.

08/20/03 FSC denied petition.

10/31/03 Rehearing denied.

Circuit Court – 3.853 Motion

CC #87-6736 CF

09/30/03 Motion filed.

02/24/04 Motion denied.

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #03-1127

541 U.S. 974

01/29/04 Petition filed

04/05/04 Petition denied.

Florida Supreme Court – 3.853 Motion Appeal

FSC #04-696

908 So. 2d 326

04/26/04 Appeal filed.

05/19/05 FSC affirmed the denial.

08/01/05 Mandate issued.

Circuit Court – 3.850 Motion

CC# 87-6736

04/26/05 Motion filed.

06/23/05 Motion denied.

Florida Supreme Court – 3.850 Motion Appeal

FSC# 05-1513

961 So.2d 220 (2007)

08/15/05 Appeal filed.

05/03/07 FSC affirmed denial of motion.

07/16/07 Rehearing denied.

08/02/07 Mandate issued.

United States Supreme Court – Petition for Writ of Certiorari

USSC# 05-751

126 S. Ct. 1570

12/05/05 Petition filed.

03/20/06 Petition denied.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 07-66

954 So.2d 28 (2007)

01/11/07 Petition filed.

03/14/07 Petition denied.

United States Supreme Court – Petition for Writ of Certiorari

USSC# 07-524

128 S.Ct. 897

10/15/07 Petition filed.

01/07/08 Petition denied.

State Circuit Court – 3.851 Motion

CC# 87-6736

12/6/10 Motion filed.

03/03/11 Motion denied.

Florida Supreme Court – 3.851 Appeal

FSC# 11-724

(Pending)

04/13/11 Appeal filed.

Clemency Hearing:

12/03/91 Clemency hearing held (denied).

Factors Contributing to the Delay in Imposition of Sentence:

The delay in the execution of the sentence is due to Van Poyck’s multiple filings of Habeas appeals and Certiorari petitions at the state and federal level.

Case Information:

Van Poyck filed a Direct Appeal in the Florida Supreme Court on 02/06/89. He appealed his multiple convictions and sentences, including the death sentence, from 12/21/88. Van Poyck raised six issues from the guilt phase of the trial and fifteen issues from the penalty phase of his trial. The Florida Supreme Court affirmed the convictions and sentence of death on 07/05/90.

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 3.850 Motion in the Circuit Court on 12/01/92, which was denied on 07/08/94.

Van Poyck filed a 3.850 Motion Appeal in the Florida Supreme Court on 09/07/94. He contended ineffective assistance of counsel. The Florida Supreme Court affirmed the trial court’s denial of the 3.850 Motion on 03/27/97.

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 Habeas Corpus in the Florida Supreme Court on 02/10/97. He argued ineffective assistance of counsel, that error occurred in the weighing of invalid aggravating circumstances during the penalty phase of the trial, 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 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 Habeas Corpus in the Florida Supreme Court on 10/28/98. The Florida Supreme Court denied the petition without a published opinion on 12/01/98.

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 Habeas Corpus in the United States District Court on 02/12/99, which was denied on 09/20/99.

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.

Van Poyck filed a Petition for Writ of Certiorari in the U.S. Supreme Court on 02/07/01, which was denied on 10/07/02.

Van Poyck filed a Petition for Writ of Certiorari in the U.S. Supreme Court on 09/19/02, which was denied on 01/13/03.

Van Poyck filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 12/20/02. He raised issues regarding the U.S. Supreme Court case Ring v. Arizona. On 08/20/03, the Petition was denied without a published opinion. Rehearing was denied on 10/31/03.

Van Poyck filed a 3.853 Motion in the Circuit Court on 09/30/03. The Motion was denied on 02/24/04.

Van Poyck filed a Petition for Writ of Certiorari in the U.S. Supreme Court on 01/29/04. The U.S. Supreme Court denied the petition on 04/05/04.

Van Poyck filed a 3.853 Motion 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 Van Poyck’s motion for postconviction DNA testing.

On 04/26/05, Van Poyck filed a 3.850 Motion in the Circuit Court. The motion was denied on 06/23/05.

On 08/15/05, Van Poyck filed a 3.850 Motion Appeal in the Florida Supreme Court. On 05/03/07, the FSC affirmed the denial of the motion. The Florida Supreme Court issued a mandate in this case on 08/02/07.

Van Poyck filed a Petition for Writ of Certiorari in the U.S. Supreme Court on 12/05/05 that was denied on 03/20/06.

Van Poyck filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 01/11/07 that was denied on 03/14/07. Van Poyck’s Motion for Rehearing was denied on 07/16/07.

On 10/15/07, Van Poyck filed a Petition for Writ of Certiorari in the U.S. Supreme Court. This petition was denied 01/07/08.

Van Poyck filed a 3.851 Motion in the Circuit Court on 12/06/10, and it was denied on 03/03/11.

On 04/13/11, Van Poyck filed a 3.851 Appeal in the Florida Supreme Court. This case is currently pending.

Institutional Adjustment:

DATE DAYS VIOLATION LOCATION

-------- ---- ---------------------------- -------------------

08/14/72 15 UNKNOWN CENTRAL OFFICE

10/02/72 15 UNKNOWN CENTRAL OFFICE

10/09/72 15 UNKNOWN CENTRAL OFFICE

11/03/72 10 UNKNOWN CENTRAL OFFICE

01/29/73 10 UNKNOWN CENTRAL OFFICE

03/07/73 15 UNKNOWN CENTRAL OFFICE

10/02/73 30 UNKNOWN CENTRAL OFFICE

08/09/76 30 UNKNOWN CENTRAL OFFICE

10/13/76 10 UNKNOWN CENTRAL OFFICE

11/22/76 90 UNKNOWN CENTRAL OFFICE

12/22/76 30 UNKNOWN CENTRAL OFFICE

06/03/77 60 UNKNOWN CENTRAL OFFICE

06/07/77 300 UNKNOWN CENTRAL OFFICE

09/10/78 60 POSS OF WEAPONS UNION C. I.

02/28/79 0 INSUFFICIENT WORK UNION C. I.

06/18/79 60 POSS OF WEAPONS UNION C. I.

08/10/79 90 POSS OF WEAPONS UNION C. I.

08/27/80 15 POSS OF ESCAPE PARA. FSP

03/16/82 180 POSS OF WEAPONS CENTRAL OFFICE

01/13/86 15 CONSUME INTOXICANTS 042

01/11/91 60 POSS OF ESCAPE PARA. FSP

10/12/96 0 VISITING VIOLATIONS FSP

08/09/98 30 POSS OF CONTRABAND CENTRAL OFFICE

05/13/99 60 DISOBEYING ORDER FSP

________________________________________________________________________

Report Date: 06/04/01 JFL

Approved: 09/21/01 WS

Updated: 04/28/11 EMJ