The penalty phase begins to decide the fate of Joseph Zieler

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The criminal phase begins in the trial of convicted murderer Joseph Zieler on Tuesday. Life in prison or the death penalty are the only options, and now only eight out of 12 jurors have to agree on the death penalty.

During Jan Cornell’s testimony, she told the jury that she will never forget when she found her 11-year-old daughter Robin dead in their Cape Coral home.

“When I gave her breath, I knew she was dead,” Cornell said.

Robin and her babysitter, 32-year-old Lisa Story, were found to have been sexually assaulted and beaten to death by Zieler in 1990.

The same jury that convicted Zieler will convene to hear evidence from both sides. They’ll likely hear from the victim’s families as well. Lee Hollander, Zieler’s attorney, will appeal the jury for a life sentence.

At one point during the trial, Zieler wagged the middle finger and yelled at the jury. Judge Robert Branning had to tell him to stop.

If you continue to act like this, I will have a contempt proceeding. It’s clear? Is it somehow unclear? Branning said. I have never, ever had to speak to a defendant like this, and I’m sorry he put me in this position, Mr. Zieler.

Whether or not the jury recommends the death penalty for Zieler, Branning will make the final decision.

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