Orange County: William Thomas "Tommy" Zeigler, Jr. files motion based on new DNA evidence
A Motion to Set Aside the Convictions Based on Newly Discovered Evidence Friday filed Friday says new DNA evidence proves Zeigler's innocence, which he has maintained since the beginning of his case.
William Thomas “Tommy” Zeigler, Jr., the longest-serving prisoner on Florida’s death row, filed a Motion to Set Aside the Convictions Based on Newly Discovered Evidence Friday saying new DNA evidence proves his innocence, which he has maintained since the beginning of his case. A link to download the Motion is included below.
Background
Zeigler was convicted and sentenced to death in July 1976 for the murders of his wife and others. Since the beginning of his case, Zeigler has consistently maintained his innocence.
Zeigler is one of only two people on Florida’s death row who was sentenced to death as a result of a jury override—meaning the jury recommended a sentence of life imprisonment without parole, and the judge still imposed a sentence of death. Both the original trial judge and Zeigler’s resentencing judge imposed two sentences of death by jury override.
Zeigler is the longest-serving prisoner on Florida’s death row. During his time on death row, Zeigler has had two death warrants scheduling his execution.
For decades, Zeigler, through his attorneys, sought further DNA testing and analysis of the evidence.1 Attorney General Moody’s office opposed the testing throughout Zeigler’s efforts.2 As TFDP previously covered, Zeigler and his team gained traction on the DNA testing when Monique Worrell was in office as the State Attorney for the Ninth Judicial Circuit.3
New Motion Based on DNA Evidence
On Friday, January 17, Zeigler, through his attorneys, filed a Motion to Set Aside the Convictions Based on Newly Discovered Evidence (the “Motion”) based on new DNA evidence. The Motion is not yet available on the public docket, but TFDP obtained a copy. The Motion can be downloaded here.
The Introduction of the Motion says:
With modern DNA testing results finally in hand showing that he is not guilty, he moves this court to set aside his wrongful convictions pursuant to Florida Rule of Criminal Procedure 3.850 on the basis of newly discovered evidence.
. . . .
As will be outlined in detail below, the DNA testing, all of which was done under the joint supervision of and in cooperation with the State, shows conclusively that Zeigler is innocent and amply satisfies the legal standard – evidence sufficient to show reasonable doubt – for setting aside his convictions.
. . . .
. . . Pursuant to the DNA Testing Order, extensive DNA testing has been performed by Forensic Analytical Crime Lab (“FACL”), a nationally acclaimed laboratory that has worked on over 100 post-conviction DNA-based investigations and is fully qualified to conduct such testing in accordance with the protocols set down by this Court. The State and the Defendant conducted bi-weekly meetings to discuss the items to be tested and the results. All of the evidence released pursuant to the DNA Testing Order has been made available for testing at the request of both the Defendant and the State.
The DNA test results are clear: Zeigler could not possibly have murdered Eunice, Perry or Virginia.
The Motion outlines the following results:
Perry’s blood was found on Eunice’s body. “Perry’s blood appears in large quantities on the other victims but only as specks on Zeigler’s shoes,” indicating Zeigler “could not have shot Perry at close range . . . .”
Perry’s blood on Eunice’s body “proves that the killer must have been covered in Perry’s blood,” and it wasn’t Zeigler.
Touch DNA, “which identifies skin cells transferred to an object through physical contact,” reveals “DNA that appears to belong to Mays on the very locations on Eunice’s clothing that her killer would have needed to grab to rearrange her clothing after her death. Critically, every other individual at the Store has been excluded as a potential source of that DNA.”
“DNA testing confirms that Zeigler does not have the victims’ blood anywhere on his clothes (with the exception of two small drops of Perry’s blood on his shoe which is consistent with Zeigler’s testimony that he crossed the store, which was
covered in Perry’s blood).”
WESH reported the following quote from Zeigler’s attorney on the Motion:
After a joint investigation in which the state attorney's office was fully engaged and rigorous DNA testing using new science and techniques, we believe we have developed the evidence that conclusively shows that Tommy Zeigler is an innocent man. Our motion that we have filed on Friday, reflects the results of that investigation and the exhibits which will be filed on Tuesday when the courts reopen will support that position completely. after trying for over 40 years to exonerate this man, we believe that the courts will free him soon based upon the new evidence that we are presenting.
News Articles
TFDP Prior Coverage
See generally Zeigler v. State, 654 So. 2d 1162 (Fla. 1995); Zeigler v. State, 116 So. 3d 255 (Fla. 2013).
See Motion at 2 (“The Court approved the joint motion and denied an effort by the Attorney General to block the testing that the State and Zeigler had jointly sought. The Attorney General’s office initially appealed to the Florida Supreme Court, but after their motion for a stay was denied unanimously, they dismissed their appeal.”).
This is not ok!!!!!
Why does it take 48 years!!! There is a huge problem in America!!! My mother was held captive for 15 years!!!