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October 28, 2008

Death penalty trial gets underway

Posted: 10:10 PM ET

BARTOW, Florida–After a frustratingly lengthy period of jury selection, the trial of Alejandro Ferrer finally began here late Tuesday afternoon. If Ferrer is convicted of the first-degree murder of Colin Zieler, the former lover of his live-in girlfriend, he faces a possible death sentence. So far, the jurors have heard opening statements from each side; the State of Florida will begin calling witnesses Wednesday morning.

Alejandro Ferrer faces a possible death sentence if convicted

Both sides acknowledge that Zieler died a particularly violent death, stabbed over 40 times. The prosecution believes that defendant Ferrer ambushed Zieler, killing him with premeditation. But the defense says that Ferrer confronted Zieler only because Heizel Gonzalez-Martinez, Ferrer’s girlfriend, claimed she had been raped by Zieler, the 31-year-old father of her child. They insist that Ferrer acted only in self-defense, protecting himself after the confrontation between the two men escalated into violent chaos.

Stay tuned to In Session for live gavel-to-gavel coverage of this case.

–In Session staff

Filed under: Trials


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Helen   October 28th, 2008 10:20 pm ET

It's hard to understand the violence some people posess. Also, that they could actually kill another. I believe Ferrer will pay for his actions.

Sandra Emerick   October 29th, 2008 11:27 am ET

Big problem for defendant: His attorney stated that he got to his car and got a KNIFE; well, why didn't he lock the doors, start the car and leave? This was not self-defense–defendant started the confrontation at 4:30 in the a.m.

Belinda   October 29th, 2008 11:34 am ET

In the defense opening the attorney said that the defendant went to his car and got a knife, then went back to the fight. Why didn't he go to the car, get IN it and leave? Wouldn't that have been the best self defense?

Lori   October 29th, 2008 11:54 am ET

Are you going to televise the Phil Spector Trial?

Susan   October 29th, 2008 12:16 pm ET

How about gavel-to-gavel coverage of Spector's trial, which begins today.

Deborah   October 29th, 2008 1:27 pm ET

It appears that they went to the victims apartment for the purpose of the murder. By him coming out in shorts and with the cell phone he was thinking she was coming to be with him that night.....little did he know that the defendent was with her.

Dee in NJ   October 29th, 2008 2:55 pm ET

It is truely amazing how a man can carry out such a heinous crime. The prosecution did a great job with the brother. He walked him through that early morning without being too evasive yet he painted a picture to the jury of what anguish the brother experianced once he found his brother. As for the defendent, everyone should get their "fair trail" however, I think this is a done deal. Also, death penalty is written all over this case.

Dee

Nicki   October 29th, 2008 5:07 pm ET

Listen.....he was in no way going out there thinking he was going to "be" with her....he thought she was dropping off their son

Donna   October 29th, 2008 6:43 pm ET

The defendant also states that the victim hit him first.....which is hard to believe since the victim (Colin) went outside barefoot, shirtless and without his eye contacts in....afterall- he had been sleeping.....not looking for a fight. I belive he was ambushed...and IF the defendant had just planned on beating him up- once he decided to stab him- he had to finish him off so he wouldn't get into trouble....hence the 41 stab wounds....he would have possibly gotten away with it- if the brother wasn't an eye-witness. I think he is guilty...and the ex girlfriend isn't innocent either............

Fiona   October 29th, 2008 11:47 pm ET

Women – as usual, at the center of anything that drives men to do insane acts. They should be locked away.

John   October 30th, 2008 2:40 am ET

Stabbing someone 40+ times and claiming self-defence is about as beleivable shooting someone in the head 7 times and saying it was suicide..........

Stasi   October 30th, 2008 9:50 am ET

I think the intent was to be confrontational and to ambush Mr. Zieler, because it wasn't like they were their to drop off Isaiah at 4:oo o'clock in the morning...

Rhonda TX   October 30th, 2008 11:07 am ET

When will you televise Phil Spector trial? Why is it not being shown in real-time?

Justice please   October 30th, 2008 1:51 pm ET

This self defense claim is not only unbelievable but absolutely dispicable. I believe they went there with the full intent to kill Colin who was found without a shirt on because that is the way he answered the door. I also see that the stabbing started as soon as he opened the door which would explain the blood on the doorjam, air conditioning unit, on the rocks under the air conditioning unit and the sidewalk. I can see him trying to run away and being brutally and repeatedly stabbed without mercy. They should both be punished under the full extent of the law. They are both selfish savages. It is just a shame that the death penalty carries such a humane carrying out of the punishment which Colin was denied. I feel for his children now having to grow up without a loving, dedicated father. How tragc and sad is that. I feel for his devastated mother, brother, and even his ex-wife.

Michael   October 31st, 2008 9:46 am ET

Murder that is "Pre-meditated" is so unexcuseable (to use nice words). I think that the Florida Court System should (after he is found guilty), should begin executing people like this immediatly! I know that he will have an Appeal. I feel that the Appeals should be limited to "ONE" in such a case as this. Let society begin to take action on the real criminal's. I know for a fact that the sate of Florida spends so much time making really stupid arrests! I was arrested in Florida because I forgot my I.D. (drivers license). While in the holding cell? I comfimed an arrest of one person that was arrested for "Walking on the wrong side of the "SIDEWALK"! I am a last year law student now, and I just wanted to make you aware "Lisa" how the State of Florida can be. Thanks.... Michael Lewiston ME

serenade penington   October 31st, 2008 1:27 pm ET

I am bothered as to why Aaron Zieler’s inexpressive demeanor during his testimony is being questioned.
He had no doubt witnessed, his Mothers warning (from the judge) for being “Too Emotional”.
Had Arron broken down on the stand, as I did notice him fight his tears, His mom surely would have reached the breaking point.
I feel he held back his emotions to spare Mom any further admonishment.

Serenade Penington
South Carolina

Kelly   October 31st, 2008 4:31 pm ET

Are we forgetting that Aaron is the one who found his brother after the attack. Everyone handles grief differently and Aaron is certainly no exception.

I think Aaron did a good job and the stand and can only imagine how hard it must have been for him to face a "man" for the first time, who took his beloved brother's life.

Julee   November 2nd, 2008 9:01 am ET

Okay people, its time to set the record straight. As straight as I can set it being the one that Colin lived with for the last 10 months of his life and was supposed to marry. I am sick of hearing about this stupid ridiculous "love triangle." There was NO love triangle. The only love Colin had was for his son Isaiah. Heizel made our lives a living hell day in and day out . Constantly calling and asking for more money on top of the $1200 a month he was already paying her in child support. She continually held Isaiah over Colin's head and refused Colin his son at every juncture, if things did not go her way. This woman is the master mind behind this vicious puppet and it is pure evil.

Now . . . let's not forget that Colin has not only been mutilated physically, but now his reputation as a man is being mutilated. This I WILL NOT STAND FOR. Everyone seems to forget where exactly Colin was in his life at the time of his murder. He was a happy man, yes, a very happy man. He was the kind of man that remained possitive in the worst of situations. I remember him very vividly telling me, "you know what Jules, I learned a long time ago never to let anyone steal my joy." He truly lived by that standard.

Our lives, yes, OUR lives, mine and Colin's revloved around our six children. From baseball games to birthday parties, to dance recitals, to church activities, you name it we did it. When he was home we were surrounded by our precious little ones and did so many fun things together. Colin loved to play ball with the boys, and yes, even "barber shop" up with the girls. He was such a good sport in allowing our girls to fix his hair up just right, gel and all! I've got pictures to prove it . . . lol. We spent one of the best Christmas's together the year before he died. We had all the kids at our house, except Isaiah, that Christmas morning and it was a beautiful memory of laughter, excitment, love and togetherness. He told me that morning and I will never forget it, "baby, this was this best Christmas I have ever had." The last time we got to see him was Easter weekend. Once again, we had all the kids at our house that Sunday morning to awake to the gifts of the Easter Bunny and watching our sleepy eyed children muttle through the candy and gifts in their baskets. One thing that I am so thankful of that weekend he was here is that he taught his daughter Lexi how to ride her bike we had bought her for Christmas. That was a precious proud moment that I will never forget.

Colin was not a violent man, but very gental and patient. God was this man patient. He rarely raised his voice, and never an ill hand. I'm sickened by the fact that he was not only viciously mutilated in body, but now in character! He was a man of HONOR, no not perfect, but yes VERY HONORABLE. He and I loved one another very much and were making plans to marry, but everyone has seemed to forget that part of his life. They want to make him a part of this "love triangle" that never existed and infer that he was an abuser of women. It's ludicrious I tell you, ludicrious! Because of pure greed, jealousy, and wickedness on behalf of both Heizel and Alex, me and our kids NEVER GOT TO SEE HIM AGAIN. Instead of picking him and Isaiah up from the airport the next day as planned, I got to pick up his luggage. I didn't get to hold my love in my arms when he got home and tell him how much I missed him and loved him, instead, I only had the scent of his clothes left in his bags to hold on to every nite I cried myself to sleep. Yes, I lost dearly, but lets also not forget the others in his life that lost. What about his four beautiful children that never get to see their daddy ever again?? What about Mindy, the mother of his three children here that have to hold those babies every night they cried themselves to sleep?? What about his sister Hayley that was more than a sister, but a best friend he talked to on a daily basis. What about his beautiful soul of a brother Aaron that had to find his body so broken and mutilated?? And, what about a mother who not only hears the screams of son at night while she's sleeping, but will never hold or kiss her first born son again?? As a mother I can never fathom the loss of a child. The pain is unspeakable. Colin was surrounded by friends and co-workers that had the utmost love and respect for him. What about them? You see we all lost a GREAT man. Yes, a GREAT, HONORABLE, BEAUTIFUL man that early morning of May 17, 2007. He loved life, loved me, loved his family, and most of all died for his children.

So readers, believe what you want, but this is a day and the life of Colin Brenden Zieler. Forever in our hearts.

Cris   November 2nd, 2008 6:47 pm ET

Wait a minute, did someone say he went to the car to get a knife? I though one time during his statement he claimed that Colin had a knife. Lie no. 1. This guy is guilty as sin. I cannot stand the little smirk on his face all the time like he thinks he is getting off on this charge. Sad. Usually when a person stabs someone so many times, it is out of anger, not self defense. This is why when there are so many gun shots or stab wounds in one victim, the police turn to someone very close to the victim. Known fact.

brandy spittlehouse   November 3rd, 2008 11:59 am ET

regaurdless of guilt or not i just really do not feel like this man is getting a fair trial, and i jonestly have to say the judge is playing a big part in persuasiveness to the jury. i have watched him nod his head and smile at some of the prosecuter's closing comments, as well as jurrors also nodding in agreement with the prosecuter. don't get me wrong every murderer deserves to be locked away or even killed but in America we are innocent untill proven guilty beyond a resonable doubt. if heizel told alejandro she was raped by colin then i can see where he may have blacked out in rage, sometimes rape isn't taken as seriously as it should be. i just think this judge and jury already have their mind made...especially the judge.
brandy spittlehouse....inverness, florida

brandy dorsett   November 3rd, 2008 12:21 pm ET

i have a problem with why it has not been brought up by defence that heilzel told alejandro that colin raped her and that's what drove him into a rage...it is and very obvious mr.ferrer in totally infatuated and deeo in love with heizel. did heizel lie to alejandro about a rape because she got caught still sleeping with colin and she wanted to save her own butt, and now this man looks like he is gonna loose the rest of his like because of her, and she only got 15 yrs....! not to mention the brother of colin showed no wmotion, and did hid family not have a huge life-insurance policy on colin? i didn't like the brother's testimony.

Megan   November 3rd, 2008 1:52 pm ET

Julee and Mindy and Colin's family – You all are in my thoughts and prayers. I went to high school with Colin and thought the world of him. I wish I had not lost touch with him as he was always such a gentle kind person. I do not have one bad memory of him and I think of his children often and the love I am sure he had for them. I hope that justice will be served.

For those who did not know Colin, unfortunately he is not here today to stand up for himself because this horrible man took his life. Colin was a good guy... one of the true good guys who was gentle and sweet. While I had not seen him in many years... I know the man I went to high school with and he is the same one Julee speaks of above... A caring wonderful man who lost his life because of two jealous vindictive people.

brandy dorsett   November 3rd, 2008 1:57 pm ET

i truely believe that heizel was the master mind behind this whole thing. she was jelous that he had moved on and she was vengeful, remember she was a stripper ...not an angel. she lurred alejandro inwith her evil and he fell so deep in love with i her i guess he was willing to kill if she told him a lie like "colin raped me!" she wanted them to fight over her. she should have to do the same sentence as alejandro because she plotted this and had alejandro like a puppett as she played the monsterous show!!!
brandy dorsett
inverness, florida
p.s...lol and GOD bless his children, parents and soon to be wife, i am sorry.

Jose   November 3rd, 2008 2:43 pm ET

Both of them should get the death penalty. How come she was not tried for homicide. I believe that the $500,000 life insurance had a lot to do in this case. She probably told her boyfriend to kill colin and then she could collect the money and split it with Ferrer. And what did they see in her. She's ugly

VALERIE MILLER   November 3rd, 2008 2:58 pm ET

WHAT I DO NOT UNDERSTAND IS WHY GO OVER TO THE MANS HOME LATE AT NIGHT. I BELEIVE THAT THE WHOLE THING WAS TO GO TO HIS HOME TO CAUSE HARM. REAL MEN WILL SIT DOWN AND TALK OUT ANY DIFFERENCES FACE TO FACE. NOW A CHILD IS WIHT OUT HIS MOTHER AND FATHER. AND FACES A LONG ROAD AHEAD.

VICKIE GOULD   November 4th, 2008 11:14 am ET

I agree, I think the girlfriend should have gotten alot more than she did. If she were not in the picture this wouldn't have happened at all, this "boyfriend" would not have been led to believe she was raped and would never had been taken to Colin's apartment. She should have received life for that. AND I understand that the child is with the girlfriends mother he isn't even being allowed to visit Colin's family? What kind of justice is that? Come on, some family lawyer needs to step up and do the right thing for this family. I hope this guy pays for what he has done – whatever happens to him here on earth will be multiplied in the here after.

pat   January 21st, 2009 7:49 pm ET

Can you tell me if you will be carrying the 2nd trial of Sean Fitzpatrick from Freedom NH in relationship to the Zammitti trial from Wakefield, Ma

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