Accused killer Joseph Zieler in court for emergency hearing

An accused killer is in court after his defense missed a deadline. They were supposed to map out reasons why the death penalty would not be appropriate if a jury convicts Joseph Zieler, but they haven’t submitted those reasons yet.

Zieler is accused of killing Lisa Story, 32, and Robin Cornell, 11, inside their Cape Coral condo. Detectives said he got away with it for more than two decades.

Both sides want the trial to start as scheduled, on May 8. But, the State Attorney’s Office fears that there will be problems because the defense still has not turned over important information required by law in a death penalty case.

When seeking the death penalty, one rule is that the defense must disclose why, if convicted, the defendant does not deserve to die 20 days before the trial.

In Zieler’s case, charged with the 1990 murders of Cornell and Story in Cape Coral, his lawyers missed that deadline. So, the State Attorney’s Office took the Zieler defense team to court Monday.

“We’re in the dark. The state has no idea what information is going to be presented as to mental mitigation. Other than we have the name of two doctors. And that in any way, shape or form, comply with the rule,” assistant state attorney, Dan Feinburg, said.

The defense didn’t argue the law. Its excuse was the two doctors hired to examine Zieler missed their deadlines.

“I have no written reports from either of them. Either…obviously you know if I had a written reports, I would have given them to Mr. Feinberg immediately. Neither of them have rendered written reports,” Feinburg said.

The judge ordered the defense to get those reports to the state as soon as it received them. A major question posed by the judge, does the state asking for continuance? The state said no, but fears if the trial starts on time and if a jury convicts…

“There might be a longer delay between guilt and penalty phase to accomplish things that need to be done before we present penalty phase,” Feinburg said.

The defense said one solution might be for the State Attorney’s Office to depose its experts during trial. The judge also asked both sides to let him know how they think Florida’s new law, no longer requiring a jury to be unanimous in recommending the death penalty, might impact the case. That will be part of another hearing on Thursday.