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: Ned Nasban – 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. 

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:

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 federal 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 (DNA) 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 (DNA) 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 Appeal in the Florida Supreme Court.  The appeal is currently pending.