Exclusive: attorney who has represented clients facing death penalty speaks out

Reporter: Elizabeth Biro
Published: Updated:

What does it take to represent someone whose life is on the line? One attorney is making a name for himself by doing just that.

In a WINK News exclusive, reporter Liz Biro sat down with Lee Hollander to talk about what it takes to lead a death penalty case.

Wisner Desmaret, Joseph Zieler and Wade Wilson. Three men were on trial for murder in the last year. Zieler is on death row, Desmaret is serving life in prison and Wilson is on trial.

“Do you ever ask people if they did it point blank, or do you want to know? Do you not want to know?” Biro asked.

“Eventually, you kind of make your own decision, regardless of what they tell you,” Hollander said.

All three are represented in some way by Hollander.

“I’ve been at this 42 years, 15 as a prosecutor, 28 as a defense attorney, and it’s mentally energizing,” he said.

This is especially true when a client’s life is on the line. First, there are months of preparation, then jury selection.

“It’s like a chess game. You’re trying to get jurors that you hope will go your way. Accept your arguments, and the state’s trying to do the same,” he said.

Hollander said jury selection is part science, specifically social science, but mostly gut feeling.

“And they’ve been developing the science side of it, but you’re dealing with people, so science be damned,” Hollander said.

12 people first say guilty or not guilty, and if guilty, they hear more testimony before recommending life or death.

The jury on all three of Hollander’s death penalty cases followed new capital punishment laws in Florida.

“Before, it had to be a unanimous recommendation 12 zip. Now, there’s a different set of factors going on, where you’re trying to figure out, okay, where can I get four people that will go for life? Or five people, really?” he said.

State attorneys only ask for the death penalty for the worst of the worst cases. Hollander got involved in these three cases, knowing he faced long odds.

Wilson’s trial, with Hollander by his side, starts Monday.

Hollander is one of just three defense attorneys with the proper qualifications to be involved in a death penalty case.

Copyright ©2024 Fort Myers Broadcasting. All rights reserved.

This material may not be published, broadcast, rewritten, or redistributed without prior written consent.