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

GRIFFIN, Michael J. (W/M)

DC#    124518

DOB:   12/17/70

Sixth Judicial Circuit, Pinellas County Case # 95-18753

Sentencing Judge: The Honorable Brandt Downey

Attorney, Trial: Bjorn Brunvand – Assistant Public Defender

Attorney, Direct Appeal: Kevin Briggs – Assistant PublicDefender

Attorney, Collateral Appeals:  Terri Backhus &Celeste Bacchi – CCRC-S

Date of Offense:          10/07/95

Date of Sentence:        07/10/98

Circumstances of Offense:

After graduating from high school, Michael Griffin beganworking for his father as a service and repair technician at Moore’sRefrigeration.  Moore’s dealt with vending companies which needed servicingfor vending machines and coolers.  One such company was Service AmericaCorporation, where Griffin became familiar with the facility, the employees,and the large amount of cash kept there. 

In 1995, Griffin left Moore’s Refrigeration and becameaddicted to cocaine, selling drugs to earn money to buy more cocaine. Griffin moved in with the man for whom he was selling drugs, NicolasKocolis.  There he met another addict, Anthony Lopez.  Griffin was infinancial trouble and decided to steal money from Service America Corporation,which kept large amounts of money collected from their vending machines. 

Kocolis, Lopez, and Griffin had planned to steal the money,but then Kocolis decided against the plan.  Griffin planned to gain accessto Service America’s warehouse through any Service America employee who wouldrecognize him from previous service visits and let him into thewarehouse. 

On 10/07/95, after one failed attempt, Griffin and Lopezreturned to Service America, armed with a 9 mm pistol and a shotgun.  Theyspotted an employee who recognized Griffin and let them in the warehouse. Tom McCallops was accompanied by his wife, Patricia McCallops thatevening.  Once inside the warehouse, Griffin and Lopez showed their weapons. Lopez forced the McCallops into a cooler while Griffin opened the lockers wherethe money was kept.  Griffin testified at the sentencing phase that whilehe was opening the money lockers, he heard Lopez shoot the McCallopses with theshotgun.  However, other witnesses testified that Griffin told them thathe shot the McCallopses with the shotgun after the money was taken, and he alsotold Lopez to finish the job with the 9 mm. 

Autopsies showed that Tom McCallops received alife-threatening shotgun wound to his upper chest and neck and four handgunwounds to his hip, thigh, and head.  Patricia McCallops had two handgunwounds, one to the head and one to the chest.  Further forensicinvestigation matched the tire tracks left at the Service America warehouse tothe tires on Griffin’s van.  Griffin and Lopez were initially implicatedin the robbery and murder through a conversation that the pair had with anacquaintance in a bar across the street from the Service Americawarehouse. 

Codefendant Information:

Anthony Lopez developed severe mental problems prior totrial.  He has been institutionalized in order to restore his competencyto stand trial.

Nicolas Kocolis was incarcerated on a probation violationnot related to the McCallops murders.   

Trial Summary:

11/29/95         Indicted as follows:

Count I           First-DegreeMurder (Tom McCallops)

CountII           First-DegreeMurder (Patricia McCallops)

06/13/97         Pled guilty to both counts of the indictment

12/08/97         Waived jury recommendation vote

07/10/98         Sentenced as follows:

Count I           First-DegreeMurder (Tom McCallops) – Death

CountII           First-DegreeMurder (Patricia McCallops) – Death

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 93,906

820 So.2d 906

09/14/98         Appeal filed

05/30/02         FSC affirmed convictions and sentences

06/21/02         Mandate issued

Circuit Court – 3.850 Motion

CC# 95-18753

08/27/03         Motion filed

09/19/03         Motion amended

07/25/05         Motion amended

09/25/07         Motion amended

12/01/08         Motion granted in part and denied in part; new penalty phase granted

Florida Supreme Court – 3.850 Motion Appeal

FSC# 09-1

(Pending)

01/05/09          Appeal filed

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 09-1894

(Pending)

10/08/09          Petition filed

Factors Contributing to the Delay in Imposition ofSentence:

The Direct Appeal was pending from 09/14/98 – 05/30/02.

Case Information:

Griffin filed a Direct Appeal with the Florida Supreme Courton 09/14/98, citing the following errors:  improper finding of a voluntaryand intelligent waiver of a jury recommendation, failing to consider mitigatingevidence, and improper doubling of aggravating circumstances.  On05/30/02, the FSC affirmed the convictions and sentences. 

Griffin filed a 3.850 Motion with the Circuit Court on08/27/03 and amended the Motion on 09/19/03, 07/25/05 and 09/25/07.  Themotion was denied in part and granted in part. Griffin was granted a newpenalty phase.

Griffin filed a 3.850 Motion Appeal with the Florida SupremeCourt on 01/05/09, which is pending.

Griffin filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 10/08/09, which is pending. 

________________________________________________________________________

Report Date:   01/30/04          JFL

Approved:       02/03/04          EW

Updated:         04/09/10          KKR