Joseph Zieler appeals conviction in double 1990 homicide after jury recommends death

Tomas Rodriguez, Fort Myers News-Press
·2 min read
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Joseph Zieler, 61, here appearing briefly before Lee Circuit Judge Robert Branning on Thursday, June1, 2023 for a motions hearing, has filed an appeal in his conviction last month in the 1990 slayings of Robin Cornell, 11, and her babysitter Lisa Story, 32.
Joseph Zieler, 61, here appearing briefly before Lee Circuit Judge Robert Branning on Thursday, June1, 2023 for a motions hearing, has filed an appeal in his conviction last month in the 1990 slayings of Robin Cornell, 11, and her babysitter Lisa Story, 32.

A man convicted in the 1990 Cape Coral homicides of a girl and her babysitter is appealing the conviction after the jury recommended death, citing recent legislation.

A Lee County jury on May 24 recommended death for Joseph Zieler, 61, in the slayings Robin Cornell, 11, and Lisa Story, 32.

According to the motion filed Friday by his attorney, Lee Hollander, the jury recommended death in a 10-2 vote, which wouldn't have been a death recommendation under the previous statute.

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The new statute opens the door for the death penalty if, at least, eight jurors vote in favor. Prior, jurors had to vote unanimously in favor.

The new rule became effective April 20. Lee Circuit Judge Robert Branning had reserved ruling on a similar motion during a May 5 trial call.

In a recent capital murder case, a Lee County jury spared Wisner Desmaret on April 14 from the death penalty in the 2018 slaying of Fort Myers police officer Adam Jobbers-Miller.

Zieler's recent motion further argues the jury didn't accurately represent Lee County demographics. He's requesting either a new trial or a judgment of acquittal on the charges.

Zieler faces sentencing June 26.

Robin and Story were asphyxiated and sexually assaulted. When Robin's mother arrived home about 4 a.m. May 10, 1990, she found their bodies in adjacent rooms of their shared Cape Coral apartment. Story had just moved in.

The case had gone cold before authorities got a DNA match in November 2016, linking Zieler to the crime. He was in custody at the time, charged with assaulting his stepson.

Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@gannett.com or 772-333-5501. Connect with him on Twitter @TomasFRoBeltran, Instagram @tomasfrobeltran and Facebook @tomasrodrigueznews.

This article originally appeared on Fort Myers News-Press: Joseph Zieler appeals jury's death recommendation in double homicide