Florida Supreme Court upholds death sentence in 1990 Cape Coral double murder of girl, babysitter

CAPE CORAL, Fla. —

A man convicted of brutally raping and killing 11-year-old Robin Cornell and her babysitter, Lisa Story, 32, in Cape Coral in 1990, is headed to death row after the Florida Supreme Court denied his appeal.

Joseph Zieler was arrested 26 years after the crime and was sentenced to death for the murders of Cornell and Story in May 2023. Zieler later filed an appeal in July 2023.

The crime

According to court documents, on May 9, 1990, Robin's mother, Jan Cornell, went to her boyfriend's home to watch a basketball game on TV, leaving Robin and her roommate, Lisa Story, 32, at their condominium in Cape Coral.

Documents stated that Robin and Story encouraged Jan to go while they remained at home.

Jan reportedly had to get up early the next morning for work and had intended to return home after the game ended; however, she fell asleep and didn't wake up until 4 a.m.

She rushed home to get ready for work and discovered that the front door of the condominium, which normally locks only at the deadbolt because of an already broken door handle, was also locked.

Officials said Jan didn't immediately realize there was a problem, and initially thought Story had forgotten about the broken door handle and had mistakenly locked it before going to bed.

Jan then walked around the unit to the patio and discovered that the sliding glass door was open and the blinds were blowing out the door.

She then noticed the unit was in disarray, before finding Story's nude body on the bed in her room upstairs. Jan raced to the other bedroom and found her daughter face down on the floor at the foot of the bed.

Jan then called 911, and law enforcement determined that an intruder entered the condominium, attacked, sexually battered, and suffocated both Robin and Story, and ransacked the unit.

Identifying Joseph Zieler as the suspect

DNA testing in 1990 revealed the presence of sperm cells in the genital gauze swabbing, vaginal slides, and anal slides obtained from Robin. The bedsheet, pillowcase, and the genital swabbing from Robin all tested positive for semen, which was enough to develop a DNA profile.

The items were sent for additional testing in 2002 and again in 2012 due to advancements in DNA technology.

The three DNA profiles were discovered to be consistent with one another.

In 2016, investigators received a lead in the double homicide case. Zieler's DNA, which was obtained in an unrelated case, was determined to be a match to the DNA obtained from Robin and Story's bodies and the crime scene.

According to the court documents, DNA analysts testified that when comparing the DNA obtained from Robin's bedsheet to Zieler's DNA profile, one would expect to see that profile in one in 83 quintillion people.

Once Zieler was identified as a suspect, detectives conducted an interview during which investigators said he appeared "nervous" and "evasive". According to the documents, Zieler stated that he could not make decisions for himself and that he could not remember anything due to a head injury he suffered in an accident. A detective later testified during Zieler's trial that during the September 2016 interview, Zieler demonstrated good memory and gave very detailed responses to all questions.

When he was shown photographs of Robin and Story, he reportedly denied having seen either of them before.

According to the documents, after his interview concluded, an officer offered to get Zieler a soda to which he replied, "It'll probably be the last one I ever get".

Reportedly, no one had mentioned to Zieler that he was a suspect in the murders, and Zieler had only been identified as a suspect via the hit found on the Combined DNA Index System (CODIS), the FBI's program of criminal justice DNA databases, the day before.

Zieler trial and sentencing

Zieler was indicted for first-degree murder and was initially charged with sexual battery on a child under 12 years of age, sexual battery with a deadly weapon or great force, and first-degree burglary.

Zieler's first jury selection lasted from February 27 to March 2, 2023; however, it ended with the prospective jurors being dismissed because they were given the incorrect statement of law as it stood at the time of the murders in 1990.

According to documents, the jurors were incorrectly told that if Zieler was convicted, he would be subject to a minimum sentence of life imprisonment without the possibility of parole instead of life imprisonment with the possibility of parole after 25 years.

Before Zieler's trial in May 2023, the Florida Legislature amended the statute governing capital sentencing in Florida. The amendment changed the then-existing requirement of jury unanimity in capital sentencing to allow a judge to impose a death sentence upon the recommendation of eight or more jurors.

Zieler's new jury selection took place between May 8 and 11, 2023, and was followed by the guilt phase, which took place from May 15 to 18, 2023. Zieler was the only defense witness in the trial.

He maintained his innocence and asserted that he was in Maryland at the time of the murders. According to the documents, he sent letters to the State Attorney's Office before the trial stating that he was in jail when the murders happened.

The prosecutor confronted Zieler with evidence that the State of Maryland certified that there was no record of Zieler being arrested there.

Zieler also made claims that his DNA could have only been in the condominium if, in 1989, he had sex with Robin's mother, Jan, or her friend. He also admitted to sending letters to Robin's family, in which he made the same allegation.

The State called Jan in rebuttal, and she denied ever meeting Zieler or having any contact with Zieler.

Zieler was convicted of the first-degree murders of Robin and Story.

At the end of a two-day penalty phase, the jury recommended the death penalty for each murder in a 10-2 vote before the judge sentenced Zieler to death.

Previous Coverage:

• Gulf Coast News speaks with convicted killer Joseph Zieler before he heads to death row
• Mother of slain 11-year-old reflects on struggle for justice in Joseph Zieler double murder case
• Convicted killer Joseph Zieler's death penalty appeal to be heard by Florida Supreme Court

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