Monday, May 24, 2021

Tommy Zeigler: Florida: Major (Welcome) Development: More than 45 years waiting for execution William he will finally be granted the DNA evidence his attorneys have sought for years that they say could clear his name, Orlando.com (Digital Journalist) Emilee Speck) reports..."For the last two decades, the death row inmate has begged the courts for DNA testing on physical evidence that he says would prove his innocence. In particular, Zeigler’s attorney wants to test his clothing to see if it has the victims’ blood on it and the fingernail clippings of his father-in-law, who fought his killer before being shot. This week, Orange-Osceola State Attorney Monique Worrell agreed to release the evidence Zeigler seeks. His attorneys have agreed to pay for the testing that wasn’t available when he was convicted. The Tampa Bay Times was the first to report the state attorney’s agreement to grant the request. The news outlet has been reporting on Florida’s repeated refusals to grant modernized DNA testing for death row inmates, including Zeigler."


WORDS TO HEED: FROM OUR POST ON KEVIN COOPER'S  APPLICATION FOR POST-CONVICTION DNA TESTING; CALIFORNIA: (Applicable wherever a state resists DNA testing): "Blogger/extraordinaire Jeff Gamso's blunt, unequivocal, unforgettable message to the powers that be in California: "JUST TEST THE FUCKING DNA." (Oh yes, Gamso raises, as he does in many of his posts, an important philosophical question: This post is headed: "What is truth, said jesting Pilate."...Says Gamso: "So what's the harm? What, exactly, are they scared of? Don't we want the truth?" 
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QUOTE OF THE DAY: "After his second request for the evidence in 2001, Zeigler obtained limited tests, which appeared to support his story that he was a victim of a robbery at his furniture store. But until now he has been denied more advanced testing of the blood-stained clothes, fingernail scrapings and guns. Worrell’s predecessor Aramis Ayala also previously denied the request. The new Ninth Judicial State Attorney took office in January. Worrell reviewed the case when she lead the office’s conviction integrity unit and concluded Zeigler had not received a fair trial. “Can the state of Florida legally decline to support additional DNA testing? Absolutely,” Worrell wrote in a 2019 memo to her predecessor. “Can the state of Florida morally justify a decline to support additional testing? Absolutely not.”

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STORY: "State Attorney says  Winter Garden man convicted of killing family in 1975 can test DNA evidence," by Digital Journalist  published by Orlando.com on May 21, 2021.

SUB-HEADING: "Tommy Zeigler convicted of killing four at family's store in 1975."

GIST: "More than 45 years waiting for execution William “Tommy” Zeigler will be granted the DNA evidence his attorneys have sought for years that they say could clear his name.


Zeigler, now 75, was convicted of killing his wife, in-laws and a fourth person at the W.T. Zeigler Furniture store in Winter Garden owned by his family on Christmas Eve 1975.


Previous prosecutors have contended Zeigler staged the massacre as a robbery to collect his wife’s $50,000 life insurance policy.


For the last two decades, the death row inmate has begged the courts for DNA testing on physical evidence that he says would prove his innocence.


In particular, Zeigler’s attorney wants to test his clothing to see if it has the victims’ blood on it and the fingernail clippings of his father-in-law, who fought his killer before being shot.


This week, Orange-Osceola State Attorney Monique Worrell agreed to release the evidence Zeigler seeks. His attorneys have agreed to pay for the testing that wasn’t available when he was convicted.


The Tampa Bay Times was the first to report the state attorney’s agreement to grant the request. The news outlet has been reporting on Florida’s repeated refusals to grant modernized DNA testing for death row inmates, including Zeigler.


“I am hoping and praying that the test results come back with enough evidence to force the court to grant me a new trial!” Zeigler wrote in a Thursday email to the Times.


The evidence is stored in Orlando in a humidity-controlled vault, reports The Associated Press.


After his second request for the evidence in 2001, Zeigler obtained limited tests, which appeared to support his story that he was a victim of a robbery at his furniture store.


But until now he has been denied more advanced testing of the blood-stained clothes, fingernail scrapings and guns. Worrell’s predecessor Aramis Ayala also previously denied the request. The new Ninth Judicial State Attorney took office in January.


Worrell reviewed the case when she lead the office’s conviction integrity unit and concluded Zeigler had not received a fair trial.


“Can the state of Florida legally decline to support additional DNA testing? Absolutely,” Worrell wrote in a 2019 memo to her predecessor. “Can the state of Florida morally justify a decline to support additional testing? Absolutely not.”


Ayala rejected her recommendation, but now the final decision was hers.


A judge must still approve the DNA testing before it moves forward."


The entire story can be read at:

https://www.clickorlando.com/news/local/2021/05/20/state-attorney-says-winter-garden-man-convicted-of-killing-family-in-1975-can-test-dna-evidence/

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;