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.
ZAKRZEWSKI, Edward J., II (W/M)
DC# 554000
DOB: 01/31/65
First Judicial Circuit, Okaloosa County, Case #94-1283
Sentencing Judge: The Honorable G. Robert Barron
Attorneys, Trial: Isaac Koran & Elton Killam – Assistant Public Defenders
Attorney, Direct Appeal: David A. Davis – Assistant Public Defender
Attorney, Collateral Appeals: Martin McClain – Registry/Federal
Date of Offense: 06/09/94
Date of Sentence: 04/19/96
Circumstances of Offense:
Edward Zakrzewski, II was convicted and sentenced to death for the murders of his wife Sylvia and his two children, Edward and Anna.
Prior to the murders, Zakrzewski and his wife were experiencing marital problems. Zakrzewski reportedly commented to a neighbor that he would rather kill his family than subject them to a divorce. On the morning 06/09/94, Zakrzewski’s seven-year-old son, Edward, called him at Eglin Air Force Base where he worked for the Air Force and informed him that Sylvia was talking about wanting a divorce. After that conversation, Zakrzewski bought a machete while on his lunch break. After making the purchase, he returned to work and completed a full day. That night, Zakrzewski arrived home ahead of the rest of his family and hid the machete in the bathroom.
After his wife and children returned home, Zakrzewski attacked and disabled Sylvia, hitting her twice over the head with a crowbar. He dragged her from the living room to their bedroom, where he hit her again in the head with the crowbar. He then strangled her with a piece of rope. Next, Zakrzewski called his son into the bathroom, supposedly to brush his teeth. Zakrzewski attacked Edward with the machete he had hidden behind the door. Edward attempted to block some of the blows as evidenced by defensive wounds on his arms and wrists. Edward died of severe head, neck and back injuries. Zakrzewski then called his daughter, Anna, into the bathroom where he attacked and killed her with the machete. There is some disparity as to whether Zakrzewski killed Anna immediately as she entered the bathroom or he had her kneel over the bathtub, where her brother’s body was lying, and killed her execution-style. There was evidence of defensive wounds on Anna’s arms and hands. Zakrzewski then dragged his wife’s body from their bedroom to the bathroom, where he further assaulted her with the machete. Reports indicated that Sylvia died from both blunt and sharp-force injuries.
After the murders, Zakrzewski drove to Orlando, where he boarded a plane headed for Hawaii. In Hawaii, Zakrzewski changed his name and took up residence with a family who ran a religious commune. Zakrzewski turned himself in to Hawaiian officials after the family he had been staying with saw his picture televised on Unsolved Mysteries.
Additional Information:
Prior to being sentenced for the murders of his wife and children, Zakrzewski attempted an escape from custody on 08/13/95. He was convicted and sentenced to one-and-a-half year’s incarceration for the attempt.
Trial Summary:
11/10/94 The defendant was indicted on the following charges:
Count I: First-Degree Murder (Sylvia Zakrzewski)
Count II: First-Degree Murder (Edward Zakrzewski)
Count III: First-Degree Murder (Anna Zakrzewski)
03/19/96 The defendant pled guilty to all counts charged in the indictment.
03/30/96 Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the
imposition of the death penalty for the murders of Sylvia and Edward and life imprisonment for the murder of Anna.
04/19/96 The defendant was sentenced as follows:
Count I: First-Degree Murder (Sylvia Zakrzewski) - Death
Count II: First-Degree Murder (Edward Zakrzewski) - Death
Count III: First-Degree Murder (Anna Zakrzewski) - Death
*The trial judge overrode the jury’s recommendation of life imprisonment*
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #88,367
717 So. 2d 488
07/01/96 Appeal filed.
06/11/98 FSC affirmed the convictions and sentences of death.
09/09/98 Rehearing denied.
10/13/98 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #98-7183
525 U.S. 1126
12/07/98 Petition filed.
01/25/99 Petition denied.
State Circuit Court – 3.850 Motion
CC #94-1283
01/24/00 Motion filed.
06/17/02 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC# 02-1734
866 So. 2d 688
08/05/02 Appeal filed.
11/13/03 Denial affirmed.
03/05/04 Mandate issued.
U.S. District Court, Northern District – Petition for Writ of Habeas Corpus
USDC# 04-66
02/23/04 Petition filed.
09/30/04 Petition denied.
06/08/05 60(b) Motion filed.
03/06/06 60(b) Motion denied.
U.S. Court of Appeals, 11th Circuit – Habeas Appeal
USCA# 04-15685
455 F. 3d 1254
10/28/04 Appeal filed.
07/13/06 Denial affirmed.
11/15/06 Mandate issued.
U.S. Court of Appeals, 11th Circuit – 60(b) Motion Appeal
USCA# 06-12804
05/04/06 Appeal filed.
07/05/07 Judgment vacated and remanded to USDC.
U.S. District Court, Northern District – Petition for Writ of Habeas Corpus (on remand)
USDC# 04-66
09/26/07 Motion denied.
U.S. Court of Appeals, 11th Circuit – Appeal
USCA# 06-13452
05/30/06 Appeal filed.
11/09/06 Appeal voluntarily dismissed.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 06-9453
127 S. Ct. 2051
01/30/07 Petition filed.
04/16/07 Petition denied.
State Circuit Court – 3.850 Motion
CC #94-1283
05/14/07 Motion filed.
07/23/07 Motion denied.
08/10/07 Motion for Rehearing filed.
08/30/07 Motion for Rehearing denied.
U.S. Court of Appeals, 11th Circuit – Habeas Appeal
USCA# 07-15930
573 F.3d 1210
12/28/07 Appeal filed.
07/07/09 USCA affirmed the denial of the petition.
Florida Supreme Court – 3.851 Appeal
FSC# 08-59
13 So.3d 1057
01/09/08 Appeal filed.
02/17/09 Disposition affirmed.
03/12/09 Motion for Rehearing filed.
06/30/09 Motion for Rehearing denied.
United States Supreme Court – Petition for Writ of Certiorari
USSC# 09-10036
130 S.Ct. 3390
04/03/10 Petition filed.
06/07/10 Petition denied.
State Circuit Court – 3.851 Motion
CC# 94-1283
11/29/10 Motion filed.
01/12/11 Motion denied.
Case Information:
On 07/01/96, Zakrzewski filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that the heinous, atrocious and cruel (HAC) aggravating factor was erroneously applied to all three murders, as it was never his intention to torture any of his victims. The Florida Supreme Court noted that the HAC aggravating factor was erroneously applied as to the murder of Sylvia; however, this error was determined to be harmless in lieu of the other proven aggravating circumstances. Zakrzewski also argued that it was error for the trial judge to overrule the jury’s advisory sentence for the murder of Anna. Other issues of contention included the presentation of prejudicial photographs of the victims and the admission of testimony by the State’s own mental health expert. The Florida Supreme Court affirmed the convictions and sentences of death on 06/11/98.
On 12/07/98, Zakrzewski filed a Petition for Writ of Certiorari in the United States Supreme Court that was subsequently denied on 01/25/99.
On 01/24/01, Zakrzewski filed a 3.850 Motion in the State Circuit Court, which was denied on 06/17/02. He filed an appeal of that decision in the Florida Supreme Court on 08/5/02, which was denied on 11/13/03.
Zakrzewski filed a Petition for Writ of Habeas Corpus to the United States District Court, Northern District on 02/23/04. Zakrzewski raised claims that his Fifth, Sixth, and Fourteenth Amendments were violated. He also claimed that he received ineffective assistance of counsel. He argued that his attorney failed to object to inappropriate comments made during the prosecutor’s closing argument and also failed to suppress evidence discovered in his house during a warrantless search. The court did not find sufficient merit in Zakrzewski’s claims and therefore denied his petition on 09/30/04.
On 06/08/05, Zakrzewski filed a 60(b) Motion that was denied on 03/06/06.
On 10/28/04, Zakrzewski filed a Habeas Appeal to the United States Court of Appeals, 11th Circuit. The court affirmed the denial of Zakrzewski’s Petition for Writ of Habeas Corpus on 07/13/06.
On 05/04/06, Zakrzewski filed a 60(b) Motion Appeal to the United States Court of Appeals, 11th Circuit. On 07/05/07, the United States Court of Appeals vacated the lower court’s judgment and remanded the Motion to the United States District Court.
On 09/26/07, the United States District Court denied the Habeas Petition on remand.
On 05/30/06, Zakrzewski filed an appeal to the United States Court of Appeals, 11th Circuit that was voluntarily dismissed on 11/07/06.
Zakrzewski filed a Petition for Writ of Certiorari to the United States Supreme Court on 01/30/07 that was denied on 04/16/07.
Zakrzewski filed a Successive 3.851 Motion to Vacate in the Circuit Court on 05/14/07. This motion was denied on 07/23/07. On 08/10/07, Zakrzewski filed a Motion for Rehearing, which was denied on 08/30/07.
On 12/28/07, Zakrzewski appealed the 09/26/07 denial of his Habeas Petition in the United States District Court by filing a Habeas Petition Appeal in the United States Court of Appeals, 11th Circuit. On 07/07/09, the United States Court of Appeals affirmed the denial of the petition.
On 01/09/08, Zakrzewski filed a 3.851 appeal in the Florida Supreme Court. On 02/17/09, the Florida Supreme Court affirmed the disposition. On 03/12/09, Zakrzewski filed a Motion for Rehearing, which was denied on 06/30/09.
Zakrzewski filed a Petition for Writ of Certiorari to the United States Supreme Court on 04/03/10. This petition was denied on 06/07/10.
On 11/29/10, Zakrzewski filed a 3.851 Motion in the State Circuit Court. This motion was denied on 01/12/11.
Institutional Adjustment:
|
DATE |
DAYS |
VIOLATION |
LOCATION |
|
07/29/96 |
180 |
UNARMED ASSAULT |
FSP |
|
12/12/96 |
0 |
VISITING VIOLATIONS |
FSP |
|
05/20/98 |
0 |
MANUFACTURE OF DRUGS |
UNION C.I. |
|
06/09/98 |
0 |
DEST. OF ST. PROP. |
UNION C.I. |
|
11/23/99 |
0 |
DISRESP.TO OFFICIALS |
UNION C.I. |
|
01/07/00 |
0 |
POSS OF CONTRABAND |
UNION C.I. |
________________________________________________________________________
Report Date: 04/30/03 EW
Approved: 05/13/03 WS
Updated: 01/21/11 EMJ