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DEATH ROW INMATE
Grant Zeigler an opportunity to prove his
innocence
BY BIANCA JAGGER
Posted on Tue, Dec. 28, 2004
Over the
weekend, William
''Tommy'' Zeigler, a lifelong Christian who joined the Catholic Church
earlier this year, spent his 29th Christmas on Florida's Death Row. Who
can comprehend the grief of having one's wife and in-laws brutally
murdered in the family store on Christmas Eve? Who can imagine the
trauma of being rushed to the hospital with a near-fatal bullet wound
through the abdomen on the very same Christmas Eve? Or the agony of
spending the next 29 Christmases on Florida's Death Row, wrongfully
convicted for those murders.
That was Christmas for Zeigler, a white businessman
widely thought
to be on Death Row because he helped defend Andrew James, a black man,
against a group of corrupt white residents trying to shut down his
legitimate business.
Zeigler arranged for a lawyer to defend James and
appeared as his
character witness. Judge Maurice Paul appeared as the character witness
for Herbert G. Baker, the white man who brought the charges against
James.
James was successful in the case and kept his business.
A few months
later, on Christmas Eve, there was a multiple murder at the Zeigler
family furniture store. Zeigler was charged with the murders. Paul was
the trial judge who presided over Zeigler's fate.
Paul overrode the jury's recommendation and sentenced
Zeigler to death. Zeigler has maintained his innocence.
Ironically, Edward Williams, the man who turned the
principal murder
weapon over to the police and had acquired the two other murder weapons
involved in the crime, became the state's star witness. He claimed to
be an innocent bystander.
In the 1989 nationally syndicated television program on
the case, A Matter of Life and Death,
television journalist Ike Pappas noted: ``Zeigler was attempting to
clean up corruption right in his hometown of Winter Garden, Florida. He
was helpful in shutting down the old Edgewater Hotel, a center of
prostitution and drug dealing. But he was also trying to gather
information on other illegal activities such as gun running and, most
importantly, loan sharking.
``The loan sharks made a fortune letting [black]
migrant workers buy
groceries on credit at an interest rate of 520 percent per year. And
Tommy Zeigler alleges that certain members of the Winter Garden police
force were in on the action.''
Now DNA evidence offers Zeigler the hope of a very
different future Christmas.
DNA evidence has played a significant role in 14 of the
117
exonerations from U.S. Death Rows. Such evidence is vital, especially
in Florida, which -- according to the Death Penalty Information Center
in Washington, D.C. -- has had 21 people found innocent on its Death
Row, more than any other state.
Lawson Lamar, the state attorney in Zeigler's
death-penalty case,
fought for years to prevent DNA testing of the crime-scene blood. In
August 2001, the court ordered the tests. The results, which were
reported in June 2002, hopelessly devastate the state's theory of
Zeigler's culpability. The results completely support Zeigler's
innocence.
On Dec. 20 and 21, Circuit Judge Reginald Whitehead
heard the DNA
evidence in Orlando. The lawyers for Zeigler asked Whitehead to grant
Zeigler a new trial so that -- for the first time -- a jury could look
at all the evidence of the case.
The state attorneys argued against a new trial. The
state seeks to
execute Zeigler without any jury ever seeing the mountain of lately
discovered evidence of Ziegler's innocence.
Whitehead now must decide whether to grant a new trial
for Zeigler.
How can anyone resist a new trial in this case? There
can be no
doubt that if the information now available had been known in 1976,
Zeigler would never have been prosecuted. One of the original jurors
has even signed a sworn affidavit that she would have voted ''not
guilty'' if the new evidence had been available at the trial.
The purpose of DNA testing in this case was to
establish whose blood
was on the clothes of Charlie Mays and Zeigler to show who committed
the murders.
No jury has heard most of the evidence of Zeigler's
innocence: the
DNA test results; the buried original police report, which contradicts
the state's case; the buried tape recording of the investigator from
the state attorney's office trying to induce potential witnesses to
change their testimony; the gunshot-residue tests, which establish that
Williams had no residue in the pocket of the pants in which he claims
to have carried the freshly discharged murder weapon; or even the
testimony of the Roaches and the Nolans, all credible eyewitnesses,
that contradicts the state's ''eyewitnesses,'' including Williams.
No jury has wrestled with these questions:
• What was Oakland
Chief of Police
Robert Thompson doing in uniform outside his jurisdiction, sitting at a
restaurant across the street from the killings while Zeigler was being
shot?
• Why did Thompson
write the original
police report, allow it to be buried by the state attorney and then
testify under oath to facts inconsistent with his own buried police
report?
• Why are Thompson,
Mays, Williams and
Felton Thomas (the state's other star witness) all connected through
the city of Oakland and its migrant camps, the very place where illegal
practices that preyed upon black migrant farmworkers were being
attacked by Zeigler?
The DNA evidence and the other post-trial evidence of
Zeigler's
innocence are absolutely clear. Zeigler was wrongfully prosecuted,
wrongfully convicted and wrongfully sentenced to death.
After Zeigler's 29 Christmases on Death Row, it is high
time to
correct this horrendous error. Zeigler's case demands a new trial.
Bianca Jagger is goodwill ambassador of the Council Of
Europe.
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