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.
VALDES, Frank (W/M)
AKA: Frank Valdez
DOB: 10/28/62
Fifteenth Judicial Circuit, Palm Beach County Case # 89-14397
Sentencing Judge: The Honorable Walter Colbath, Jr.
Attorney, Trial: Craig Boudreau & Frederick Susaneck – Special Public Defenders
Attorney, Direct Appeal: Joseph Karp – Private
Attorney, Collateral Appeals: Pro Se
Date of Offense: 06/24/87
Date of Sentence: 07/27/90
Circumstances of Offense:
On 06/24/87, during the transportation of a state prisoner named James O’Brien, Frank Valdes and an accomplice, William Van Poyck, ambushed and assaulted the two guards in the prison van. They fired three shots, one to the head and two to the chest, into one of the guards, Fred Griffis, killing him instantly. In a failed 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, Steve Turner.
Van Poyck and Valdes then fled the scene in a Cadillac, and a chase with police ensued. During the chase, Valdes drove and Van Poyck fired numerous shots at the pursuing police cars, striking three of them.
Eventually, Valdes lost control of the car and it struck a tree. The two were arrested and four pistols were recovered from the car, including Griffis’ service revolver.
Codefendant Information:
William Van Poyck was sentenced to death for his role in the crimes.
Additional Information:
Valdes died on 07/17/99 from wounds suffered in a fight with guards during a cell extraction at Florida State Prison.
Prior Incarceration History in the State of Florida:
On 04/15/80, Valdes was sentenced to 3 years for Resisting Arrest. On 05/11/84, Valdes was sentenced to 7 years for Burglary, Robbery, and Kidnapping. On 05/21/84, Valdes was sentenced to 5 years for Burglary, Burglary Tool Possession, and Grand Theft.
Trial Summary:
10/24/89 Indicted as follows:
Count I: First-Degree Murder
Count II: Armed Robbery
Count III: Attempted First-Degree Murder
Count IV: Possession of a Firearm by a Felon
Counts V-X: Attempted Manslaughter
Count XI: Aggravated Assault
Count XII: Aiding the Escape of an Inmate
11/03/89 Count IV severed from indictment
06/07/90 Jury returned guilty verdicts on all counts of the indictment
06/15/90 Jury recommended death by a vote of 8-4
07/27/90 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Armed Robbery – Life
Count III: Attempted First-Degree Murder – Life
Counts V-X: Attempted Manslaughter – Life
Count XI: Aggravated Assault – 5 years
Count XII: Aiding the Escape of an Inmate – 15 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 76,569
626 So.2d 1316
08/31/90 Appeal filed
09/09/93 FSC affirmed convictions and sentences
12/03/93 Rehearing denied
01/03/94 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 93-8823
512 U.S. 1227
04/21/94 Petition filed
06/20/94 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 89-14397
08/17/95 Motion filed
04/15/97 CC denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 91,267
728 So.2d 736
08/25/97 Appeal filed
03/04/99 Denial affirmed
04/05/99 Mandate issued
Factors Contributing to the Delay in Imposition of Sentence:
No unreasonable delays were present in the case.
Case Information:
Valdes filed a Direct Appeal with the Florida Supreme Court on 08/31/90, citing the following trial court errors: failing to dismiss counsel for ineffective assistance; removing Valdes from court; failing to have evidentiary support for assault conviction; and finding the cold, calculated, and premeditated aggravating factor. On 09/09/93, the FSC affirmed the convictions and sentences.
Valdes filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 04/21/94 that was denied on 06/20/94.
Valdes filed a 3.850 Motion with the Circuit Court on 08/17/95 that was denied on 04/15/97.
Valdes filed a 3.850 Motion Appeal with the Florida Supreme Court on 08/25/97, citing the following errors: allowing charges to be brought by the state attorney’s office and not the police, allowing improper jury instructions to be read, and failing to find “heightened” premeditation. On 03/04/99, the FSC affirmed the denial of the 3.850 Motion.
Valdes died on 07/17/99 from wounds suffered in a fight with guards during a cell extraction at Florida State Prison.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
10/01/80 6 UNKNOWN LANCASTER C. I.
01/01/81 0 SGT WITHHELD CENTRAL OFFICE
03/01/81 0 SGT WITHHELD CENTRAL OFFICE
03/20/81 0 FIGHTING LANCASTER C. I.
10/01/81 0 SGT WITHHELD CENTRAL OFFICE
10/22/81 90 PART.IN RIOTS CENTRAL OFFICE
11/29/81 0 UNARMED ASSAULT CENTRAL OFFICE
03/04/82 0 FIGHTING CENTRAL OFFICE
05/01/82 0 SGT WITHHELD CENTRAL OFFICE
06/01/82 0 SGT WITHHELD CENTRAL OFFICE
06/29/82 0 UNAUTHORIZED ABSENCE CENTRAL OFFICE
06/30/82 0 FIGHTING CENTRAL OFFICE
05/09/93 0 DEFACING STATE PROP. FLORIDA STATE PRISON
09/28/93 15 DISORDERLY CONDUCT FLORIDA STATE PRISON
03/29/94 0 DISOBEY REGULATIONS FLORIDA STATE PRISON
08/11/94 180 REF. SUB. ABUSE TEST FLORIDA STATE PRISON
08/16/94 0 DISOBEYING ORDER FLORIDA STATE PRISON
06/25/95 180 ASSAULTS OR ATTEMPT NEW RIVER "O" UNIT
09/18/95 600 ASSAULTS OR ATTEMPT FLORIDA STATE PRISON
01/21/96 30 DISORDERLY CONDUCT FLORIDA STATE PRISON
03/24/96 30 DISORDERLY CONDUCT FLORIDA STATE PRISON
04/18/96 1000 POSS OF ESCAPE PARA. FLORIDA STATE PRISON
05/05/96 30 POSS OF CONTRABAND FLORIDA STATE PRISON
06/06/96 60 POSS OF WEAPONS FLORIDA STATE PRISON
06/06/96 30 POSS OF CONTRABAND FLORIDA STATE PRISON
10/09/96 0 POSS OF CONTRABAND FLORIDA STATE PRISON
06/30/97 60 POSS OF WEAPONS FLORIDA STATE PRISON
06/30/97 60 POSS OF ESCAPE PARA. FLORIDA STATE PRISON
09/03/97 60 DISRESP.TO OFFICIALS FLORIDA STATE PRISON
04/29/98 90 SPOKEN THREATS FLORIDA STATE PRISON
04/29/98 60 DISRESP.TO OFFICIALS FLORIDA STATE PRISON
04/30/98 60 DISRESP.TO OFFICIALS FLORIDA STATE PRISON
06/24/98 0 POSS OF CONTRABAND FLORIDA STATE PRISON
06/29/98 0 MAIL VIOLATIONS CENTRAL OFFICE
08/06/98 0 DISORDERLY CONDUCT CENTRAL OFFICE
09/10/98 0 INTRO. CONTRABAND FLORIDA STATE PRISON
10/06/98 60 INTRO. CONTRABAND FLORIDA STATE PRISON
10/18/98 0 POSS OF CONTRABAND FLORIDA STATE PRISON
10/23/98 30 MAIL VIOLATIONS FLORIDA STATE PRISON
12/01/98 0 POSS OF WEAPONS FLORIDA STATE PRISON
12/31/98 0 DISRESP.TO OFFICIALS FLORIDA STATE PRISON
01/19/99 0 POSS OF WEAPONS FLORIDA STATE PRISON
01/24/99 0 DEST. OF ST. PROP. FLORIDA STATE PRISON
02/05/99 0 DISOBEYING ORDER FLORIDA STATE PRISON
02/07/99 0 DISOBEYING ORDER FLORIDA STATE PRISON
02/07/99 0 FAILURE TO COMPLY FLORIDA STATE PRISON
02/11/99 0 FAILURE TO COMPLY FLORIDA STATE PRISON
02/12/99 0 FAILURE TO COMPLY FLORIDA STATE PRISON
02/13/99 0 FAILURE TO COMPLY FLORIDA STATE PRISON
02/14/99 0 DISOBEYING ORDER FLORIDA STATE PRISON
02/14/99 0 FAILURE TO COMPLY FLORIDA STATE PRISON
02/18/99 30 FAILURE TO COMPLY FLORIDA STATE PRISON
02/19/99 60 DISOBEYING ORDER FLORIDA STATE PRISON
02/19/99 30 FAILURE TO COMPLY FLORIDA STATE PRISON
02/20/99 30 FAILURE TO COMPLY FLORIDA STATE PRISON
02/21/99 60 DISOBEYING ORDER FLORIDA STATE PRISON
02/21/99 30 FAILURE TO COMPLY FLORIDA STATE PRISON
02/27/99 30 FAILURE TO COMPLY FLORIDA STATE PRISON
02/28/99 60 DISOBEYING ORDER FLORIDA STATE PRISON
02/28/99 30 FAILURE TO COMPLY FLORIDA STATE PRISON
03/02/99 30 FAILURE TO COMPLY FLORIDA STATE PRISON
03/04/99 30 FAILURE TO COMPLY FLORIDA STATE PRISON
03/05/99 60 DISOBEYING ORDER FLORIDA STATE PRISON
03/05/99 30 FAILURE TO COMPLY FLORIDA STATE PRISON
03/06/99 30 FAILURE TO COMPLY FLORIDA STATE PRISON
03/07/99 0 DISOBEYING ORDER FLORIDA STATE PRISON
03/15/99 0 DISORDERLY CONDUCT FLORIDA STATE PRISON
03/24/99 0 DISOBEYING ORDER FLORIDA STATE PRISON
03/31/99 0 UNARMED ASSAULT FLORIDA STATE PRISON
03/31/99 0 SPOKEN THREATS FLORIDA STATE PRISON
05/26/99 60 DISOBEYING ORDER FLORIDA STATE PRISON
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Report Date: 03/25/05 JFL