Hogan Lovells asks Florida Court to set aside conviction of Tommy Zeigler, on death row for nearly 50 years, in light of new DNA evidence

For decades, Ziegler, whose case has been the subject of widespread media coverage, has fought for the right to use DNA testing to prove his innocence. Today’s hearing follows the discovery of new DNA evidence that Hogan Lovells argued conclusively proves Zeigler’s innocence and exposes fundamental flaws in the State’s case.

Zeigler was convicted in 1976 of four murders that occurred on Christmas Eve in 1975. The victims were three members of his family and a fourth person, and the prosecution’s case relied heavily on claims that bloodstains on Zeigler’s clothing came from his family members. Modern DNA testing has now proven those claims to be false.

Comprehensive analysis shows:

• No blood from Zeigler’s family members was found on his clothing (other than a trace of blood on one shoe).

• No gunshot residue or backspatter was present on Zeigler, despite the State’s theory that he shot the victims at close range.

• Blood and DNA evidence implicates another individual present at the crime scene.

“Tommy Zeigler has always maintained he is innocent of the horrific crimes for which he was accused, and this evidence strongly supports his claims of innocence,” said Tracey, who has represented Zeigler for nearly 40 years.

“The State’s own expert acknowledged that the nature of these murders would have left the killer covered in blood,” Tracey added. “Zeigler’s clothing tells a different story. If, as the State argued, he shot his family members at close range, he would have been covered in backspatter and gunshot residue. But there was no backspatter. No gunshot residue.”

This new evidence came to light through the tireless efforts of Tracey and the Hogan Lovells team. Following years of litigation to secure advanced DNA testing, the Defendant and the State filed a joint motion to have the evidence tested. In 2022, the Circuit Court of the Ninth Judicial Circuit in Orange County ordered the release of evidence for comprehensive testing.

The results of this testing dismantle the prosecution’s theory and corroborate Zeigler’s consistent claim of innocence.

“These findings are even more compelling in light of the many other deficiencies and contradictory evidence in the State’s case,” stated the motion filed by Hogan Lovells to set aside Zeigler’s conviction.

The State had argued at trial that Zeigler shot and killed his wife, mother-in-law, and father-in-law in a furniture store owned by Zeigler. But the case made little sense. Zeigler was a successful businessman who had no history of violence or other crime, and no financial incentive or other motive. The four victims were killed using eight different guns, indicating multiple perpetrators committed the murders rather than a single gunman. Zeigler himself was shot in his abdomen, a wound nearly impossible to have been self-inflicted.

The case was also marred by prosecutorial misconduct, including the suppression of key evidence and improper witness coaching, and judicial irregularities, according to Hogan Lovells’ motion. A presiding judge had a documented personal animosity toward the Defendant, and a holdout juror who had been drugged with Valium subsequently changed her vote. The jury rejected the death penalty and recommended life sentences, with one juror stating she believed Zeigler was innocent.

“Zeigler is only on death row because the trial judge overrode the jury’s sentencing decision and sentenced Zeigler to death,” the motion stated.

Tracey, a litigation partner in New York and an experienced trial lawyer, began working on Zeigler’s case when he was an associate. He has worked on this case for much of his career.

“The results of the DNA testing conclusively show that Tommy Zeigler is not guilty of the crimes for which he was convicted, as we’ve been arguing for nearly four decades now,” Tracey said. “We are urging the Court to set aside his wrongful convictions on the basis of this newly discovered evidence.”

In addition to Tracey, the Hogan Lovells team comprised litigation and pro bono lawyers and professionals in New York and Washington, D.C.:

In New York, the team included litigation partner David R. Michaeli, senior litigation associate Jacey Lara Gottlieb, litigation associates Elizabeth Cochrane and Patience Tyne, and paralegal coordinator James DalCero.

In Washington, D.C., the team included pro bono senior associate Melissa Jacobs, pro bono associates Hanson Causbie, Colby Dickinson, and Carly Heying, pro bono law clerk Claire Housley, and litigation law clerk Madeline Strasser.

About Hogan Lovells

Global law firm Hogan Lovells has a long tradition of supporting ground-breaking pro bono work, focusing on access to justice and the rule of law. As lawyers, we recognize this commitment is part of our professional practice and collectively we spend more than 150,000+ pro bono hours per year on work to achieve lasting impact for others.