Jury selection moves forward in trial of Cape Coral double murder suspect 33 years after killings

MAY 9, 2023 — Jury selection continued into its second day at the Lee County courthouse in the double murder trial of 32-year-old Lisa Story and 11-year-old Robin Cornell. The suspect in the case is Joseph Zieler, accused of killing them and sexually assaulting them.

The trial is expected to start next week, but both sides spent Tuesday asking potential jurors about the death penalty. They also questioned why a victim's age cannot be a factor at one potential point of this process.

Back in 1990, when the murders happened, laws were different. It's a detail in a law now regarding aggravating factors that cannot apply to this case because the crime happened 33 years ago. This mean if Zieler is found guilty, this aggravating factor cannot be used by the state when they argue why Zieler should face death.

"And unless the state can prove at least one aggravating factor beyond reasonable doubt, that the death penalty is not an option and you cannot recommend the death penalty," said Abe Thornburg, a state attorney during questioning.

During the penalty phase after a conviction, all jurors must vote in favor of an aggravating factor if the state proves it beyond reasonable doubt. If they do, then Zieler could face the death penalty.

This is changing how some questions are being asked, mainly by the defense.

"The age of a victim is not an aggravating factor in this particular case," said Kevin Shirley, Zieler's defense attorney to a potential juror during questioning. "I'm just making sure you're not going to turn it into one merely because you have a child the same age as the victim in the case."

It's important to keep in mind this will not happen if Zieler is found not guilty, but it has to be asked and told during jury selection.

Jury selection was halted briefly on Tuesday morning because a juror talked to others about the case after being questioned. It's a move that visibly frustrated Judge Robert Branning, reminding jurors of the rules once again.

"When I say no discussion, no discussion. Is anybody in any way unclear about that? Is anybody in any way unclear about that?," the judge said to the potential jurors. "I am taking this incredibly seriously and so should you, ok?"

As the court has seen in the past, Zieler tried to file an unofficial motion, asking for a change of venue, which has been denied in the past. His attorneys said they do not adopt the motion, which again, was unofficial.

Jury selection will continue into Wednesday. On Thursday, a smaller pool of jurors will come back for a second round of questioning.

MAY 8, 2023 — The man accused of killing a Cape Coral babysitter and an 11-year-old girl 33 years ago is finally going to trial — a death penalty trial.

Joseph Zieler faced some of the potential jurors on Monday in a Lee County courtroom. As that happened, Zieler's face showed little outward emotion the entire time.

The murders happened on May 10, 1990. Cape Coral Police say Lisa Story and the young girl, Robin Cornell, were suffocated and sexually assaulted in a Cape Coral apartment.

In 2016, police announced the arrest of Joseph Zieler. They say DNA from the scene matched his DNA taken during an unrelated arrest.

It was DNA Zieler and his attorneys tried to get thrown out before Monday.

On Monday, he addressed the court before the jurors came in, filing more motions.

"I have two Pro se motions," Zieler said. "I know you're going to strike them, but I want them part of the court record."

The motions were addressed by Judge Robert Branning.

“I have been handed a copy of a motion from the defendant," Branning said. "A motion to file counsel, no DNA expert in a capital DNA in a murder trial."

Zieler argued his attorneys were not competent and would not listen to his requests for certain experts. Attorneys said it would hurt his case, and the judge denied his request on the motions.

State prosecutors also attempted to do something they've done before: offer a plea deal to Zieler, which he denied again.

One of the interesting aspects of this case is the new death penalty law. In April, Gov. Ron DeSantis signed a law that only requires eight jurors to vote for the death penalty and send it to the judge as a recommendation in the penalty phase, rather than it being unanimous under the old law.

The death penalty law was part of many questions asked on Monday to potential jurors.

"When you heard this morning that this was a double homicide case, how did that make you feel?" said Dan Feinberg, a State attorney.

The law passed by Gov. Ron DeSantis in April makes it easier for a jury to recommend death if convicted. Many of the attorneys mentioned the new law when questioning potential jurors about their thoughts surrounding the death penalty.

"Because of a new law it takes eight folks to vote for death in order to send a recommendation of death to the judge," said Kevin Shirley, one of Zieler's attorneys. "If you’re one of the folks that says life, no matter what the other jurors are saying, can you stick by your guns?"

 Judge Robert Branning says the trial could take two to three weeks, up to three to four days for deliberation and another three to four days for the penalty phase, if Zieler is found guilty.

As of Monday evening, 17 potential jurors will head for a second round of questioning on Thursday.

The first phase of jury selection begins on Tuesday and Thursday.

Tuesday the day mostly consisted of questions for potential jurors.

Including questions about how would sitting on a jury cause any sort of hardships and what are their opinions about the death penalty.

There was a hold-up on Tuesday morning after a potential juror was questioned and when they returned to the room they told other prospective jurors they had been excused, which was not the case.

Judge Robert Banning said the following, "When I say, no discussion, no discussion. Is anybody in any way unclear about that?"

Judge Branning said they can be fined or go to jail, or both. After the discussion, he mentioned this happened with the last case, pointing to the Wisner Demaret trial he was presiding over. Questions with other jurors went forward.

Unlike Monday, the defense focused a lot of the questions about the age of the girl killed, and why it cannot play a part in the penalty phase if Zieler is convicted.