Florida death penalty debated before Joseph Zieler’s murder trial

The man accused of a disturbing crime that happened more than 30 years ago is inching closer to trial. Prosecutors said Joseph Zieler killed 32-year-old Lisa Story and 11-year-old Robin Cornell in 1990.

Zieler will soon stand trial for his life, and on Thursday, the state attorney and his defense team fought about the death penalty, arguing should Florida’s new death penalty law apply to Zieler.

Seemingly a simple question without a simple answer.

Thursday, the Zieler’s attorneys told Judge Robert Branning he shouldn’t follow a new law if a jury convicts their client.

“It will make it easier for the jury to recommend death,” Lee Hollander said.

“We believe that the change in statute is nothing but a knee jerk reaction by the legislature,” Kevin Shirley said.

In March, the governor signed into law new rules for death penalty cases. Gone is the provision that required the jury to be unanimous in its recommendation. All the state needs now is just eight out of 12 jurors to say “death.”

Jury selection is set to begin Monday in the case against Zieler. He’s charged with the murder of Robin Cornell, 11, and her babysitter Lisa Story, 32, more than 30 years ago.

“These murders happened in 1990,” Hollander said.

So Hollander believes the new law does not apply to his client, who’s been under arrest since 2016. Nor does his co-council, Shirly, who says the law makes no sense.

“The 8 to 4, I’m not sure where they even came up with those numbers,” Shirley said.

The state attorney’s office said Hollander doesn’t have to understand the law, but you must follow it.

“I’m not even sure what legal argument one would make to get to the point that the law that applies in this case is the one that existed for a fleeting moment in the middle,” the state said.

As for the argument, if the law is unconstitutional, that’s not for this judge to determine.

“At the end of the day, whether it’s right or wrong – the US Supreme Court can decide,” the state said.

The judge listened to both sides but didn’t answer the question in court. And he set no timetable for when he will render a ruling. For the time being, jury selection will begin as scheduled on Monday.