PASSAGE OF THE DAY: "The Times covered his decades-long effort to secure testing in a series and podcast called Blood and Truth. The evidence includes never-before-tested fingernail clippings, guns and clothes of Zeigler and all the victims. Zeigler’s lawyers say that if he murdered four people, their blood should be on his clothes. Moody’s lawyers argued in filings that release of the evidence for testing would harm the state, the public and victims — “all of whom are entitled to finality.” Zeigler’s lawyers first sought early DNA testing in 1994. The testing was granted in 2001, and the results appeared to support Zeigler’s claim of innocence. Forensic tests on four small squares of Zeigler’s plaid trousers and corduroy shirt failed to detect his murdered family members’ blood. But that was not considered enough."
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PHOTO CAPTION: "Inmate William Thomas "Tommy" Zeigler has maintained his innocence and sought DNA testing to prove it for decades. In this image, he sat on Florida's Death Row in Union Correctional Institution in Raiford on June 21, 2018."
STORY: "Florida Attorney General meets rejection after effort to block Zeigler DNA testing," by Reporter Leonora LaPeter Anton, published by The Tampa Daily News, on January 5, 2023.
SUB-HEADING: "“Testing is going to happen,” one of the death row inmate’s attorneys said after Thursday’s Florida Supreme Court decision.GIST: "The Florida Supreme Court on Thursday rejected an emergency appeal from Attorney General Ashley Moody’s office to stop DNA testing of evidence in the case of Tommy Zeigler, who has lived on Florida’s death row for more than 46 years.
In December, attorneys for Zeigler shipped more than 100 items to a DNA testing company in California a day after an Orlando circuit judge approved the analysis at Zeigler’s expense.
But they faced opposition from Moody’s office, which sought to stop the testing and return the evidence.
On Thursday, the Florida Supreme Court refused Moody’s emergency request but did not say why.
“This means that we can proceed expeditiously with the testing,” wrote Zeigler’s longtime attorney, Terry Hadley, in an email. “Conceivably, the AG’s office could continue to pursue the appeal, but the ruling is a clear signal that they are not likely to succeed.”
Zeigler is accused of killing his wife, in-laws and another man at his family’s Winter Garden furniture store on Christmas Eve 1975.
The 77-year-old, who was shot in the stomach that night, has always maintained his innocence.
The Times covered his decades-long effort to secure testing in a series and podcast called Blood and Truth.
The evidence includes never-before-tested fingernail clippings, guns and clothes of Zeigler and all the victims. Zeigler’s lawyers say that if he murdered four people, their blood should be on his clothes.
Moody’s lawyers argued in filings that release of the evidence for testing would harm the state, the public and victims — “all of whom are entitled to finality.”
Zeigler’s lawyers first sought early DNA testing in 1994.
The testing was granted in 2001, and the results appeared to support Zeigler’s claim of innocence.
Forensic tests on four small squares of Zeigler’s plaid trousers and corduroy shirt failed to detect his murdered family members’ blood.
But that was not considered enough.
When Zeigler’s lawyers asked, beginning in 2003, to further analyze Zeigler’s outfit and later to use touch DNA tests, Florida prosecutors and judges refused.
They said the testing would not automatically exonerate Zeigler, as required by Florida’s 2001 DNA testing law.
They pointed to witnesses, including Zeigler’s handyman, who told jurors that Zeigler tried to shoot him.
Judges in both cases approved those agreements with Worrell, allowing the testing.
The attorney general’s appeals stopped the testing for more than two years.
Late Thursday, a spokesperson for the office said that the appeal was still pending and there would be no further comment.
“The court has rejected the last ditch attempt by the attorney general to stop testing,” said one of Zeigler’s New York attorneys, David Michaeli, on Thursday.
“So what is the purpose of maintaining an appeal challenging the right to do testing? Testing is going to happen either way. So what exactly are we fighting about?""
The entire story can be read at:
florida-attorney-general-meets-rejection-after-effort-block-zeigler-dna-testing
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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;
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
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;
—————————————————————————————————
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;
-----------------------------------------------------------
GIST: "The Florida Supreme Court on Thursday rejected an emergency appeal from Attorney General Ashley Moody’s office to stop DNA testing of evidence in the case of Tommy Zeigler, who has lived on Florida’s death row for more than 46 years.
In December, attorneys for Zeigler shipped more than 100 items to a DNA testing company in California a day after an Orlando circuit judge approved the analysis at Zeigler’s expense.
But they faced opposition from Moody’s office, which sought to stop the testing and return the evidence.
On Thursday, the Florida Supreme Court refused Moody’s emergency request but did not say why.
“This means that we can proceed expeditiously with the testing,” wrote Zeigler’s longtime attorney, Terry Hadley, in an email. “Conceivably, the AG’s office could continue to pursue the appeal, but the ruling is a clear signal that they are not likely to succeed.”
Zeigler is accused of killing his wife, in-laws and another man at his family’s Winter Garden furniture store on Christmas Eve 1975.
The 77-year-old, who was shot in the stomach that night, has always maintained his innocence.
The Times covered his decades-long effort to secure testing in a series and podcast called Blood and Truth.
The evidence includes never-before-tested fingernail clippings, guns and clothes of Zeigler and all the victims. Zeigler’s lawyers say that if he murdered four people, their blood should be on his clothes.
Moody’s lawyers argued in filings that release of the evidence for testing would harm the state, the public and victims — “all of whom are entitled to finality.”
Zeigler’s lawyers first sought early DNA testing in 1994.
The testing was granted in 2001, and the results appeared to support Zeigler’s claim of innocence.
Forensic tests on four small squares of Zeigler’s plaid trousers and corduroy shirt failed to detect his murdered family members’ blood.
But that was not considered enough.
When Zeigler’s lawyers asked, beginning in 2003, to further analyze Zeigler’s outfit and later to use touch DNA tests, Florida prosecutors and judges refused.
They said the testing would not automatically exonerate Zeigler, as required by Florida’s 2001 DNA testing law.
They pointed to witnesses, including Zeigler’s handyman, who told jurors that Zeigler tried to shoot him.
Judges in both cases approved those agreements with Worrell, allowing the testing.
The attorney general’s appeals stopped the testing for more than two years.
Late Thursday, a spokesperson for the office said that the appeal was still pending and there would be no further comment.
“The court has rejected the last ditch attempt by the attorney general to stop testing,” said one of Zeigler’s New York attorneys, David Michaeli, on Thursday.
“So what is the purpose of maintaining an appeal challenging the right to do testing? Testing is going to happen either way. So what exactly are we fighting about?""
The entire story can be read at:
florida-attorney-general-meets-rejection-after-effort-block-zeigler-dna-testing
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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;
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
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;
—————————————————————————————————
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;
-----------------------------------------------------------
