Zieler's penalty phase begins: Victim's mother, other victim's boyfriend speak of losses

The mother of an 11-year-old Cape Coral girl and the boyfriend of her babysitter remembered them as loving, putting smiles on the faces of those around them, as well as the hurt they suffered since their deaths.

The penalty phase in the capital murder trial for Joseph Zieler, 61, began Tuesday with each side's arguments, followed by testimony from those closest to the victims.

The defense is expected to rest its case Wednesday, with a jury recommendation soon after.

Zieler faces the death penalty or life without parole.

A jury took about three hours last week to convict Zieler, of North Fort Myers, in the 1990 deaths of Robin Cornell and her babysitter Lisa Story, 32. The jury will now weigh whether he deserves the death penalty in a case that too nearly three decades to crack.

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"We've lived in fear, we’ve lived in sadness," Robin's mother, Jan Cornell, said. "We miss them both."

As she testified, Cornell said the trial affected the family, causing one of the relatives to land in the hospital after the initial phase of the trial.

Robin's family, as well as former classmates, sat in the courtroom Tuesday, comforting each other as Cornell testified about their loss.

"She brought a lot of joy to everyone that knew her," Jan Cornell said, later adding that she "didn’t know anything but love."

Jan Cornell's testimony was followed by Randy Richards, Story's fiance.

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"At first it was just overwhelming," Richards said. He added he was "bombarded" with a reflection of it "from every angle."

Richards said Story was outgoing, loyal, a hard worker, and was proud of her job. She worked as a secretary involved with fundraising at Cape Coral Hospital.

"Her mother ... you could almost see the deterioration daily," Richards said of the aftermath.

Richards said it was extremely hard on Story's parents "because Lisa was their baby."

State seeks death penalty

Assistant State Attorney Daniel Feinberg alerted jurors the state would prove four aggravating factors in the slayings as prosecutors seek the death penalty.

The aggravating factors include Zieler's criminal history, if the murders happened during another felony, the severity of the crime and whether it was premeditated.

Lee Circuit Judge Robert Branning will take the jury's recommendation into account, but will hand down the sentence, which could spare Zieler. An 8-4 vote is required for the death penalty.

"The decision you’re about to make is a difficult one, maybe the most difficult choice you will make in your lives," Feinberg said.

Feinberg said they'd refer to testimony and photographs previously presented during trial.

"People shouldn’t have to look at those things," Feinberg said of documents related to the decades-old crime scene, including the bodies of Robin and Story.

Feinberg said death is the appropriate sentence in Zieler’s case. He added that the killings involved unnecessary torture.

"Simply a wicked, evil, violent, torturous killing," Feinberg said. "It is more serious to kill more than one person."

The state said Zieler had two prior convictions — battery on a law enforcement officer in 1990, and decades later battery on his stepson in 2016.

Defense hopes to spare his life

Kevin Shirley, who represents Zieler along with Lee Hollander, said he couldn't ask jurors to "unhear" or "unsee" anything from last week's portion of the trial.

"We're here to convince you that Joseph Zieler deserves to live," Shirley said.

Shirley added that they’ll present evidence of Zieler’s childhood, as well as what made him "the person he is." He cited two mitigating circumstances, which includes fighting AIDS for seven years and childhood abuse.

Growing up in a broken household

Julie Harper, a forensic psychologist, testified that she spoke with Zieler, two of his cousins, his sister-in-law, his grandmother and a neighbor of his grandmother since he was charged with the crimes.

Harper found that Zieler struggled with concentration, but didn't repeat grades. She further testified she found him competent to stand trial.

Zieler had told the jury he suffered memory loss when a car struck his motorcycle along Pine Island Road and sent him to the hospital with a seriously fractured leg, a wound on his left foot and a head injury in 1998.

Joseph Zieler's mother was a teenager when she had her first child, Zieler's sibling, Harper said.

"There was a power differential between these parents," she added, referencing the difference in age.

Harper said Joseph Zieler's "believed father" was aggressive toward his wife and his children, adding that Joseph Zieler was a victim of intense verbal abuse.

"He’s uncertain if his father is Uncle Walter or Bob," Harper said.

Joseph Zieler grew up with a closer relationship to his grandmother due to frequent arguments between his parents.

"Even the neighborhood kids were afraid to come to that house," Harper said.

His uncle Walter drowned in 1990, around the time of the homicides, she said.

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: Cape Coral cold case: Jury hears case for/against Zieler death penalty