Judge denies Florida death row inmate Tommy Zeigler's latest request for hearing on 1976 murder conviction
Published in News & Features
ORLANDO, Fla. — An Orange County judge has denied a request by Tommy Zeigler — who has been on Florida’s death row for nearly 50 years — to throw out his convictions for the brutal murders of his wife, her parents and a customer at his furniture store and grant him a new hearing.
Zeigler, now 80, has long claimed his innocence in the Christmas Eve 1975 slayings. He argues in his latest motion filed March 23 that it would have been “extremely difficult” for a single person to have carried out multiple murders by firing 28 bullets from eight different guns inside the large store.
Rather, the shootings and brutal beatings were conducted by “multiple perpetrators,” says the motion by Winter Park attorney Terry Hadley — who has represented Zeigler since his 1976 trial. Zeigler has been on Florida’s death row longer than any other inmate.
But in her ruling Friday, Circuit Judge Leticia Marques said that suggestion would still not be enough to lead a jury today to acquit Zeigler.
”While the Court agrees that there are enough evidentiary issues in this case that a jury might acquit the (Zeigler), there is also sufficient evidence and credibility issues to support a jury convicting the Defendant, such that the Court cannot conclude his acquittal is probable,” Marques said in her ruling.
Therefore, Zeigler “has not met the high standard necessary for a new trial to be granted,” she added.
Zeigler’s latest motion for a new trial came after Marques ruled March 9 that the evidence presented during a five-day evidentiary hearing in December, regarding DNA tests conducted on blood gathered at the crime scene, had not shown Zeigler would be acquitted if granted a new trial.
An attorney for Zeigler said Marques “overlooked several critical facts” in her March 9 ruling, including that there could have been multiple killers.
Assistant Attorney General Joshua Schow of Tampa argued in a March 31 response that Zeigler would have to present new and credible evidence that he is innocent to be granted a retrial. But Zeigler’s attorneys are only speculating in their latest request.
“Speculation is not competent, substantial evidence,” Schow said in his motion.
He called Zeigler’s argument the latest “shapeshifting whodunit theory” of his innocence.
The Zeigler case has fascinated the public for decades. It has led to television shows, books, documentaries, celebrities — including human rights activist Bianca Jagger — and a wide assortment of crime sleuths creating various conspiracy theories of who committed the murders.
In 1975, Zeigler had taken ownership of his family’s furniture store on Dillard Street. After the store had closed for the day on Christmas Eve, Zeigler shot and killed his wife, Eunice, and mother-in-law, Virginia Edwards, according to prosecutors and court testimony.
He then beat and shot to death his father-in-law, Perry Edwards, and later Charlie Mays, a Black laborer and frequent customer, according to authorities. The four murders took place in different areas of the building.
When police arrived, they found Zeigler laying on the floor near the front door with a gunshot wound in his stomach.
Zeigler has long claimed that Mays worked with two other men to rob the furniture store after it had closed, but were startled when Zeigler, his wife and in-laws walked in during the heist.
But prosecutors have said that Zeigler lured Mays and the other men to the store in an attempt to frame them. He also shot himself to make it appear he was a victim, according to authorities.
Zeigler’s motive for the killings was money, according to prosecutors. He was in debt and had purchased two life insurance policies on his wife totaling $500,000 weeks before the killings. They added that Zeigler and his wife were having marital difficulties and she was contemplating a separation.
Schow said that Zeigler continues to offer new theories on who committed the murders, even though a jury “got it right” in 1976.
“Zeigler’s complaints amount to nothing more than a disagreement with this Court’s findings,” he said in his motion.
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