The Commission on Capital Cases updates thisinformation regularly. This information; however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied uponfor 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 prisonernamed James O’Brien, Frank Valdes and an accomplice, William Van Poyck,ambushed and assaulted the two guards in the prison van. They fired threeshots, one to the head and two to the chest, into one of the guards, FredGriffis, killing him instantly. In a failed attempt to free O’Brien from thevan, Van Poyck fired numerous shots at the padlock of the van door, with onericocheting and striking the other guard, Steve Turner.
Van Poyck and Valdes then fled the scene in a Cadillac, anda chase with police ensued. During the chase, Valdes drove and Van Poyck firednumerous shots at the pursuing police cars, striking three of them.
Eventually, Valdes lost control of the car and it struck atree. The two were arrested and four pistols were recovered from the car,including Griffis’ service revolver.
Codefendant Information:
William Van Poyck wassentenced to death for his role in the crimes.
Additional Information:
Valdes died on 07/17/99from wounds suffered in a fight with guards during a cell extraction at FloridaState Prison.
Prior Incarceration History in the State of Florida:
On 04/15/80, Valdes wassentenced to 3 years for Resisting Arrest. On 05/11/84, Valdes was sentencedto 7 years for Burglary, Robbery, and Kidnapping. On 05/21/84, Valdes wassentenced to 5 years for Burglary, Burglary Tool Possession, and Grand Theft.
Trial Summary:
10/24/89 Indictedas follows:
CountI: First-Degree Murder
CountII: Armed Robbery
CountIII: Attempted First-Degree Murder
CountIV: Possession of a Firearm by a Felon
CountsV-X: Attempted Manslaughter
CountXI: Aggravated Assault
CountXII: Aiding the Escape of an Inmate
11/03/89 CountIV severed from indictment
06/07/90 Juryreturned guilty verdicts on all counts of the indictment
06/15/90 Juryrecommended death by a vote of 8-4
07/27/90 Sentencedas follows:
CountI: First-Degree Murder – Death
CountII: Armed Robbery – Life
CountIII: Attempted First-Degree Murder – Life
CountsV-X: Attempted Manslaughter – Life
CountXI: Aggravated Assault – 5 years
CountXII: 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 Appealfiled
09/09/93 FSCaffirmed convictions and sentences
12/03/93 Rehearingdenied
01/03/94 Mandateissued
U.S. Supreme Court – Petition for Writ ofCertiorari
USSC# 93-8823
512 U.S. 1227
04/21/94 Petitionfiled
06/20/94 USSCdenied Petition
Circuit Court – 3.850 Motion
CC# 89-14397
08/17/95 Motionfiled
04/15/97 CCdenied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 91,267
728 So.2d 736
08/25/97 Appealfiled
03/04/99 Denialaffirmed
04/05/99 Mandateissued
Factors Contributing to the Delay in Imposition ofSentence:
No unreasonable delays werepresent in the case.
Case Information:
Valdes filed a DirectAppeal with the Florida Supreme Court on 08/31/90, citing the following trialcourt errors: failing to dismiss counsel for ineffective assistance; removingValdes from court; failing to have evidentiary support for assault conviction;and finding the cold, calculated, and premeditated aggravating factor. On09/09/93, the FSC affirmed the convictions and sentences.
Valdes filed a Petitionfor Writ of Certiorari with the U.S. Supreme Court on 04/21/94 that was deniedon 06/20/94.
Valdes filed a 3.850Motion with the Circuit Court on 08/17/95 that was denied on 04/15/97.
Valdes filed a 3.850Motion Appeal with the Florida Supreme Court on 08/25/97, citing the followingerrors: allowing charges to be brought by the state attorney’s office and notthe police, allowing improper jury instructions to be read, and failing to find“heightened” premeditation. On 03/04/99, the FSC affirmed the denial of the3.850 Motion.
Valdes died on 07/17/99from wounds suffered in a fight with guards during a cell extraction at FloridaState Prison.
Institutional Adjustment:
THEFOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATIONOF 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 CENTRALOFFICE
03/01/81 0 SGT WITHHELD CENTRALOFFICE
03/20/81 0 FIGHTING LANCASTER C. I.
10/01/81 0 SGT WITHHELD CENTRALOFFICE
10/22/81 90 PART.IN RIOTS CENTRALOFFICE
11/29/81 0 UNARMED ASSAULT CENTRALOFFICE
03/04/82 0 FIGHTING CENTRALOFFICE
05/01/82 0 SGT WITHHELD CENTRALOFFICE
06/01/82 0 SGT WITHHELD CENTRALOFFICE
06/29/82 0 UNAUTHORIZED ABSENCE CENTRALOFFICE
06/30/82 0 FIGHTING CENTRALOFFICE
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 CENTRALOFFICE
08/06/98 0 DISORDERLY CONDUCT CENTRALOFFICE
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