FORT MYERS, Fla. – A judge in southwest Florida handed down a death sentence Monday for a man convicted of killing an 11-year-old girl and her babysitter more than 30 years ago, but it was the murderer’s actions that shocked everyone.
Lee Circuit Judge Robert Branning was following last month's 10-2 jury recommendation in favor of death for Joseph Zieler, according to court records. The same panel had found Zieler, 61, guilty of two counts of first-degree murder.
Before the sentence, however, Zieler elbowed his attorney in the face, prompting Lee County deputies to tackle Zieler.
The attorney was not injured in the sudden, unprovoked attack. And it’s not known why Zieler decided to elbow him.
Florida law had previously required a unanimous jury recommendation for a convicted murderer to face the death penalty. But a new law signed in April by Gov. Ron DeSantis requires only an 8-4 vote in favor of execution.
Zieler was jailed on an unrelated assault charge in 2016 when his DNA matched to the cold-case murders of Robin Cornell, 11, and Lisa Story, 32, authorities said.
The girl and the woman were found in a Cape Coral apartment in May 1990, officials said. Robin’s mother had been out for the night and discovered the suffocated bodies when she returned the next morning. Investigators said both victims were sexually assaulted.
Cape Coral is about 100 miles south of Tampa.