The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied on for statistical or legal purposes.
ZEIGLER, William T. Jr. (W/M)
DC# 053948
DOB: 07/24/45
Ninth Judicial Circuit, Orange County, Trial venue changed to Fourth Judicial Circuit
Circuit Court Cases: #76-1076 & 76-1082 (4th Circuit), #88-5355 & 88-5356 (9th Circuit)
Judge, Trial: The Honorable Maurice M. Paul
Attorney, Trial: Ralph V. Hadley III
Attorney, Direct Appeal: H. Vernon Davids
Attorney, Collateral Appeals: John Houston Pope – Private
Date of Offense: 12/24/75
Date of Sentence: 07/16/76
Date of Resentence: 08/17/89
Circumstances of Offense:
On July 2, 1976, William Thomas Zeigler Jr. was convicted of two counts of first-degree murder and two counts of second-degree murder.
The following account of the circumstances of the offense is that which is found in the Florida Supreme Court Opinion, published June 11, 1981:
On Christmas Eve, December 24, 1975, Eunice Zeigler, wife of the defendant, and Perry and Virginia Edwards, parents-in-law of the defendant, were shot to death in the W.T. Zeigler Furniture Store in Winter Garden, Florida. In addition, Charles Mays, Jr. was shot and subsequently beaten to death at the same location. The medical examiner estimated times of death as within one hour of 8:00 p.m. that evening. The defendant was also found shot through the abdomen.
The state theorized that Zeigler murdered the four people in an apparent insurance fraud scheme. Just months before the murders, Zeigler had purchased a large amount of life insurance on his wife and had purchased two RG revolvers indirectly through Edward Williams, a long time family acquaintance. Williams testified that Zeigler had inquired of him about obtaining a “hot gun.” Williams then arranged for another man, Frank Smith, to purchase the guns and deliver them to Zeigler.
On the day of the murders, Zeigler had made arrangements to meet Mays and Williams, at separate times, at the furniture store. Mays left his home around 6:30 p.m. and went to an Oakland beer joint where he encountered his friend, Felton Thomas. Thomas then accompanied Mays to meet Zeigler at the furniture store. Upon meeting, Zeigler took the two men to an orange grove to shoot a set of guns he had with him in his vehicle. The state theorized that the purpose of this trip was to get the two men to handle and fire the weapons Zeigler had procured. When they returned to the store, Zeigler could not persuade Thomas to enter the store. Thomas became uncomfortable and left the premises. This was the last time Mays was seen alive by Thomas.
Around 8:00 p.m., Zeigler returned to his home to keep an earlier appointment he had made with Edward Williams. Williams was to meet him at Zeigler’s home in order to help Zeigler move Christmas presents from the furniture store. The two men used Williams’ truck to return to the store. When they arrived, Zeigler entered through the front door and instructed Williams to pull his truck around to the back and then enter from the rear entrance. When Williams entered the back hallway, Zeigler put a gun to Williams’ chest and pulled the trigger three times. However, the gun did not fire and Williams fled the store. At some point after this, Zeigler himself was shot in the stomach. The state theorized that Zeigler became desperate and conceived the idea that he would appear uninvolved if he were also injured. Zeigler telephoned a judge’s residence, where he knew police officers would be gathering for a Christmas party, and reported a robbery.
At trial, Zeigler maintained that his wife and parents-in-law were killed during the course of a robbery and that Mays was involved but was killed by his confederates.
Trial Summary:
07/02/76 The defendant was found guilty of the following counts:
Count I: First-Degree Murder (Eunice Zeigler)
Count II: First-Degree Murder (Charles Mays, Jr.)
Count III: Second-Degree Murder (Virginia Edwards)
Count IV: Second-Degree Murder (Perry Edwards)
07/16/76 Upon advisory sentencing, the jury recommended by a majority vote a sentence of life imprisonment for each of the convictions.
07/16/76 The trial judge overruled the jury’s recommendations and sentenced the defendant as follows:
Count I: First-Degree Murder (Eunice Zeigler) – Death
Count II: First-Degree Murder (Charles Mays, Jr.) – Death
Count III: Second-Degree Murder (Virginia Edwards) – Life in Prison
Count IV: Second-Degree Murder (Perry Edwards) – Life in Prison
Resentencing Summary:
08/17/89 The resentencing judge overruled the jury’s recommendation of life imprisonment and resentenced the defendant to death for each of the two first-degree murder convictions.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #50,355
402 So. 2d 365
08/13/76 Appeal filed.
06/11/81 FSC affirmed the convictions and sentences.
09/18/81 Motion for rehearing denied.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #81-5908
455 U.S. 1035
12/17/81 Petition filed.
03/22/82 USSC denied petition for writ of certiorari.
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC #81-140
02/20/81 Petition filed.
04/27/81 USDC denied petition for writ of habeas corpus.
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC #82-1034
10/14/82 Petition filed.
01/03/86 USDC dismissed case.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #62,752
421 So. 2d 1
10/15/82 Petition filed.
10/18/82 FSC denied petition for writ of habeas corpus.
State Circuit Court – 3.850 Motion
CC #76-1076 & #76-1082
01/14/83 Motion filed.
03/25/83 Trial court denied 3.850 motion.
Florida Supreme Court – 3.850 Motion Appeal
FSC #63,606
452 So. 2d 537
05/02/83 Appeal filed.
06/21/84 FSC remanded for evidentiary hearing.
State Circuit Court – 3.850 Motion
CC #76-1076 & #76-1082
08/30/84 Evidentiary hearing held.
Florida Supreme Court – 3.850 Motion Appeal
FSC #63,606
473 So. 2d 203
05/02/85 FSC affirmed denial of 3.850 Motion.
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC #86-333
01/06/86 Petition filed.
05/16/86 USDC denied petition for writ of habeas corpus.
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC #82-1034
05/09/86 Motion to reopen case filed.
05/16/86 Motion denied.
Florida Supreme Court – Petition for Writ of Error Coram Nobis
FSC #68,765
494 So. 2d 957
05/16/86 Petition filed.
05/19/86 FSC denied petition for writ of error coram nobis.
U.S. Court of Appeals, Eleventh Circuit – Petition for Writ of Habeas Corpus Appeal
USCA #86-3310 (USDC #82-1034)
805 F. 2d 1422
05/16/86 Appeal filed.
11/24/86 USCA vacated district court’s judgments and remanded.
State Circuit Court – 3.850 Motion
CC #76-1076 & #76-1082
05/18/86 Motion filed.
05/18/86 Trial court ordered evidentiary hearing
Florida Supreme Court – 3.850 Motion Appeal
FSC #68,774
494 So. 2d 957
05/18/86 State filed appeal.
05/19/86 FSC reversed trial court’s order for evidentiary hearing, vacated stay.
U.S. Court of Appeals, Eleventh Circuit – Petition for Writ of Habeas Corpus Appeal
USCA #86-3311 (USDC #86-333)
805 F. 2d 1422
05/20/86 Appeal filed.
11/24/86 USCA vacated district court’s judgments and remanded.
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC #86-333
05/29/87 Amended petition filed.
05/04/88 USDC dismissed case without prejudice.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #71,463
524 So. 2d 419
11/18/87 Petition filed.
04/07/88 FSC vacated sentence of death, remanded for resentencing.
06/01/88 Motion for rehearing denied.
State Circuit Court – 3.850 Motion
CC #88-5355 & 88-5356
09/14/88 Motion filed.
04/21/89 Evidentiary hearing held.
08/17/89 Trial court resentenced the defendant to death for each of the two
first-degree murder convictions.
10/20/89 Amended motion filed.
05/27/92 Evidentiary hearing held.
06/19/92 Trial court denied 3.850 motion.
Florida Supreme Court – Direct Appeal (RS)
FSC #74,663
580 So. 2d 127
09/05/89 Appeal filed.
09/20/89 State filed cross-appeal.
04/11/91 FSC affirmed the sentences.
06/12/91 Motion for rehearing denied.
07/12/91 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #91-5765
502 U.S. 946
09/10/91 Petition filed.
11/04/91 USSC denied petition for writ of certiorari.
Florida Supreme Court – 3.850 Motion Appeal
FSC #80,176
632 So. 2d 48
07/17/92 Appeal filed.
11/04/93 FSC affirmed denial of 3.850 Motion.
11/18/93 Motion for rehearing denied.
01/05/94 Mandate issued.
State Circuit Court – 3.850 Motion
CC #88-5355 & #88-5356
03/07/94 Motion filed.
06/24/94 Trial court denied 3.850 Motion.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #93-9002
513 U.S. 830
04/05/94 Petition filed.
10/03/94 FSC denied petition for writ of certiorari.
Florida Supreme Court – Appeal of 3.850 Denial
FSC #84,066
654 So. 2d 1162
07/25/94 Appeal filed.
04/13/95 FSC affirmed denial of 3.850 Motion.
05/23/95 Motion for rehearing denied.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #84,561
650 So. 2d 992
10/20/94 Petition filed.
12/20/94 FSC denied petition for writ of habeas corpus.
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC #82-1034
08/19/95 Petition to reopen case filed.
08/21/95 USDC granted motion to reopen case and vacated 01/03/86 dismissal.
08/21/95 Amended petition filed.
07/11/00 USDC denied petition for writ of habeas corpus.
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC #86-333
08/21/95 Petition to reopen case filed.
02/08/95 USDC vacated 05/04/88 opinion, granted filing of amended petition.
02/08/96 Amended petition filed.
07/10/00 USDC denied petition for writ of habeas corpus.
07/31/00 Rehearing denied.
U.S. Court of Appeals, Eleventh Circuit – Petition for Writ of Habeas Corpus Appeal
USCA #00-14573
345 F. 3d 1300
08/29/00 Appeal filed
09/19/03 Appeal denied.
12/31/03 Rehearing denied.
State Circuit Court – 3.850 Motion
CC #88-5355
01/15/03 3.850 Motion filed.
04/19/05 Motion denied.
06/08/05 Rehearing denied.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #03-10641
543 U.S. 842
05/28/04 Petition filed.
10/04/04 Petition denied.
Florida Supreme Court – 3.850 Motion Appeal
FSC# 05-1333
967 So.2d 125
08/01/05 Appeal filed.
06/28/07 FSC affirmed denial of motion
07/13/07 Motion for Rehearing filed.
10/02/07 Motion for Rehearing denied.
10/18/07 Mandate issued.
State Circuit Court – Petition for DNA Testing
CC #88-5355 & #88-5356
08/28/09 Petition filed.
Warrants:
09/28/82 Death warrant signed by Governor Graham.
10/22/82 Scheduled execution date.
10/19/82 United States District Court, Northern District, granted stay of execution.
04/18/86 Death warrant signed by Governor Graham.
05/20/86 Scheduled execution date.
05/18/86 United States Court of Appeals, 11th Circuit, granted stay of execution.
Factors Contributing to the Delay in the Imposition of Sentence:
Contributors to the delays in this case are: a resentencing, which essentially started the appeals process anew; the sheer number of appeals the defendant as filed at 28; the defendant’s first direct appeal, which was decided nearly five years after filing; Zeigler’s third 3.850 motion that was in the trial court for nearly four years; two federal habeas petitions that were in U.S. District Court for five years; and apparent “confusion, misunderstanding, inadvertence, changes in representation, (and) recalcitrant counsel,” as cited by the 11th Circuit U.S. Court of Appeals considering Zeigler’s federal habeas petitions in the mid-1980s, factors the court said had the effect of denying the defendant the opportunity to have his claims “effectively presented and fully considered in federal court.” These factors complicated and prolonged the federal appeals.
Case information:
Zeigler filed a direct appeal in the Florida Supreme Court in 1976. While the case was pending, the defendant petitioned the U.S. District Court, Middle District, for a writ of habeas corpus. In 1981, the Florida Supreme Court affirmed the convictions and sentences and the district court denied the habeas petition. The U.S. Supreme Court denied certiorari on the direct appeal the following year.
The signing of Zeigler’s first death warrant in 1982 prompted the filing of a second habeas petition with the U.S. District Court and a habeas in the Florida Supreme Court. The Florida Supreme Court denied the habeas petition three days after filing. The district court stayed the execution and, in dismissing the case in 1986, directed Zeigler to initiate all available state appeals before approaching the court again.
In 1983, the defendant filed his first 3.850 motion in the trial court, which was denied. On appeal, the Florida Supreme Court held that of the 19 points argued in the motion, all but two were, or could have been, raised at trial or on direct appeal and were not cognizable under rule 3.850. The court did consider two claims: that Zeigler did not receive effective counsel at trial, and that his right to due process and a fair trial was violated because the trial judge was actually or potentially biased. The Florida Supreme Court in 1984 remanded for an evidentiary hearing on the possible bias of the trial judge. After the hearing, the trial court again rejected the claim and the Florida Supreme Court affirmed in 1985.
Zeigler filed a third habeas petition in the U.S. District Court in January 1986. In May of that year a second death warrant was signed and a number of appeals followed. The defendant petitioned the district court to reopen his 1982 federal habeas case. The district court denied both requests and Zeigler appealed the two cases to the 11th Circuit U.S. Court of Appeals, which granted a stay of execution, vacated the district court’s judgments and remanded. Also in 1986, Zeigler filed his second 3.850 motion with the trial court, which ordered an evidentiary hearing on one of his claims concerning restrictions on the presentation of nonstatutory mitigating factors. The state appealed, and in a consolidated opinion the Florida Supreme Court reversed the trial court’s decision, denied all 3.850 relief and denied the defendant’s petition for a writ of error coram nobis.
In 1987, the defendant amended his 1986 federal habeas petition and filed with the district court. The following year, the court dismissed the case without prejudice. Zeigler filed his second state habeas petition in the Florida Supreme Court in 1987. He claimed he was entitled to relief under Hitchcock v. Dugger, in which the U.S. Supreme Court found reversible error where the jury was instructed to consider only statutorily enumerated mitigating circumstances and where the trial judge declined to consider nonstatutory mitigating circumstances. In its 1988 opinion, the Florida Supreme Court agreed and vacated the sentence and remanded for an evidentiary hearing. Because the jury had already rendered an advisory sentence of life imprisonment, the court directed that the hearing occur only before a judge.
In 1988, a third 3.850 motion to address issues arising out of the conviction phase was filed and the trial court venue was moved from the Fourth Circuit back to the Ninth Circuit with new case numbers. While the motion was pending, the court resentenced Zeigler to death in 1989. The defendant filed a direct appeal and the sentence and the state cross-appealed the trial judge’s failure to find an aggravating circumstance during resentencing. In 1991, the state supreme court affirmed the trial court’s decision, and the U.S. Supreme Court denied the defendant’s petition for certiorari.
In the 3.850 motion that had been pending during resentencing, Zeigler made five claims alleging misconduct by the state and the trial judge. The trial court in 1992 ruled all the claims were procedurally barred and denied the motion. The Florida Supreme Court affirmed on appeal in 1993 and the U.S. Supreme Court denied certiorari review. The defendant in 1994 filed his fourth 3.850 motion with the trial court, which was denied. The Florida Supreme Court affirmed the decision in 1995.
The defendant in 1994 filed his third habeas petition in the Florida Supreme Court. He claimed the high court erred by not conducting a meaningful review of the resentencing judge’s override of the jury recommendation of life imprisonment, that the supreme court erred in applying the “avoiding lawful arrest” aggravating circumstance in the case, that the court erred in affirming the doubling of aggravating circumstances in the Mays murder, that the court erred in relying on a precedent rejected in Espinoza v. Florida to uphold the “heinous, atrocious and cruel” aggravating circumstance, and that the death sentence should be set aside because the jury recommendation of life imprisonment was based on the panel’s residual doubt about Zeigler’s guilt. The court without comment denied the petition in 1994.
Zeigler in 1995 petitioned U.S. District Court to reopen his federal habeas cases. The court in 1996 vacated its previous opinions and reopened the cases. The defendant filed amended habeas petitions in 1995 and 1996. The court denied both in July 2000 and Zeigler appealed to the 11th Circuit U.S. Court of Appeals. That appeal was denied 09/19/03 and the rehearing was denied 12/31/03.
Zeigler filed a 3.850 Motion in the State Circuit Court on 1/15/03, which was denied on 04/19/05.
Zeigler filed a Petition for Writ of Certiorari in the United States Supreme Court on 05/28/04, which was denied on 10/04/04.
On 08/01/05, Zeigler filed a 3.850 Appeal in the Florida Supreme Court. On 06/28/07, the FSC affirmed the denial of the motion. On 07/13/07, Zeigler filed a Motion for Rehearing, which was denied on 10/02/07. The Florida Supreme Court issued a mandate in this case on 10/18/07.
Zeigler filed a Petition for DNA testing in the State Circuit Court on 08/28/09. This petition is currently pending.
Institutional Adjustment:
|
DATE |
DAYS |
VIOLATION |
LOCATION |
|
02/08/83 |
0 |
DISORDERLY CONDUCT |
CENTRAL OFFICE |
|
06/14/85 |
0 |
POSS OF CONTRABAND |
FLORIDA STATE PRISON |
__________________________________________________________________
Reported 04/27/01 TB
Approved 04/30/01 WHS
Updated 09/30/10 EMJ