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October 30, 2008

Intentional murder or self-defense?

Posted: 09:09 AM ET

BARTOW, Florida - The capital murder trial of Alejandro Ferrer is underway in Bartow, Florida, located along central Florida’s infamous I-4 corridor. He’s accused of the vicious, stabbing death of Colin Zieler. The issue for jurors is whether this was an intentional, premeditated murder or a justified killing in self-defense. Ferrer traveled an hour from Orlando to Lakeland in the early morning hours of May 17, 2007. He arrived at about 4:00 a.m. Within minutes, Zieler was dead, a bloody mess lying below a broken fence outside his apartment. While a few sleepy residents, including Zieler’s brother Aaron, heard some crashing noises, no one apparently witnessed the fight.

Colin Zieler was stabbed over 40 times

The link between the two men is a woman, Heizel Gonzalez-Martinez. Years earlier, Zieler met her when she was an exotic dancer in Tampa. She got pregnant and bore his fourth child, Isaiah, in 2004. Zieler and Gonzalez-Martinez never married nor did their relationship last. But, Zieler, who lived in Texas, paid her monthly child support and saw his son whenever he could. Gonzalez-Martinez stopped dancing and became an insurance agent. She sold Zieler a $500,000 life insurance policy a year before his death naming her the beneficiary.

As of mid-May 2007, Ferrer had been dating Gonzalez-Martinez for about three months. She drove Ferrer to Zieler’s apartment that early morning but later told police she thought Ferrer was going to speak “man-to-man” with Zieler. Nothing is really clear about what happened during those critical minutes of the attack. What is clear is that it was a vicious fight; that Zieler suffered what appeared to be numerous defensive wounds; and that Ferrer was the only one who wielded a weapon.

Ferrer confessed to killing Zieler but he said it was in self-defense. He also said that earlier in the evening Gonzalez-Martinez told him that Zieler had raped her a few days before. Ferrer wanted to find out whether her allegation was true. There’s never been any corroboration to the alleged rape. It was never reported to the police, at least not until it became a part of statements made after the killing.

It’s unclear if Ferrer will testify but it’s common to see a defendant take the stand when self-defense is asserted.

Stay tuned for daily live coverage of the trial on In Session.

-Beth Karas, In Session correspondent

Filed under: Trials


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lotusjani   October 30th, 2008 9:24 am ET

This was clearly not a self defense case. This was a passion crime, it was jealousy over this woman that seems to play with men as she wishes. She is in prison for 15 years, but Ferrer most likely will go to prison for the rest of his life. Was it worth it? No, I do not believe that woman's was worth one little cut in the victim's body nor this other young man to pay for the rest of his life for some savvy woman that seemed to be an expert in "love".

Denise   October 30th, 2008 9:30 am ET

The judge was way off base today when he spoke to the mother of the victim the way he did. He told her if she could not stop the tears, etc. she would be asked to leave the courtroom. She was not disturbing the trial in any way. She was not crying out loud or making a scene. She has the right to be in the court room since she was not disrupting the trial. It is impossible to keep all expressions off your face when your child has been murdered. Even the other people in the court room looked very unhappy, but the judge did not get after them. The judge could have at least spoken with the mother in privacy and in a sympathetic manner.

As far as the reason for the defendant is concerned, he went to the apartment with one thing in mind - murder. He took the knife with him with that intent.

Jennifer   October 30th, 2008 9:41 am ET

I can under stand that he was very upset when he heard his girl friend tell him that she was raped But that is when they should of took a trip to police and let then that justic in there hands. So i really think that he went to the house for one reason and that was to hurt him in in any way.

Dean McNew   October 30th, 2008 9:49 am ET

Let's see,
Two thugs plus one knife, plus one thugess, equals one dead thug!
You can't divide one gilrfriend into two thugs...end of story!

Tonya Sebastian   October 30th, 2008 9:58 am ET

Well I believe he went to the mans apartment with the intent to kill why else would he show up at the door at 4 in the morning that would be the best time for a murder cause everyone else is sleeping an no one could see or hear what was going on...

Mindy   October 30th, 2008 10:04 am ET

Colin had not been in a fight in the entire 17 years I was part of his life. Colin did not go outside at punch Ferrer. Ferrer and Heizel DID GO TO COLIN'S apartment with the plan to murder COLIN!!! Those 2 people are horrible mean people who took a kind, loving daddy from his children whom he loved tremendously and they all love him termendously. I hope Ferrer gets the DEATH PENALTY!!!

Tonya Sebastian   October 30th, 2008 10:04 am ET

And as far as the judge making those comments to the mother of the victim I believe that was not neccesary,any mother who has lost a child in such a violent way has every right to show her emotions now if she didnt i think there would be a problem ..what if it was his child that was murdered I am sure he would act the same way an would not want to be told the same things he said to her,I dont believe her crying or showing she is upset would lead to a Mistrial.

Chris West   October 30th, 2008 10:19 am ET

I live just 10 miles from Bartow so I have followed this case since the murder occured. My opion is and has always been that Heizel lied to her boyfriend so he would confront her baby's Daddy and kill him. She knew what his reaction would be and depended on it, I think the insurance money had a great deal to do with her lies. She did not want him to see their son and she wanted the money, the only way they could happen was to have him dead.

I also was appalled today to hear the judge tell the victims Mother she would have to leave the courtroom if she showed emotion, that was her son.....he should be ashamed of himself.

Joyce Schofield   October 30th, 2008 10:46 am ET

Boy the Judge on the current case needs a life lesson in humble. How does he expect a mother of a murdered child to act. Maybe if it was his child or wife he'd feel differently. I was so appalled by how he talked to the mother. I think the jury should see the damage that this incident has done to the family. How is that going to cause a mistrail? Does the law say it is not a fair trial if the family members are deeply impacted by an attack such as this. This defendent does show any emotion at all for his actions – I think that is more appalling than the mother.

This judge is a disgrace to the victims family!!!!

winnie   October 30th, 2008 11:21 am ET

I think the brother didn't show any emotion because he is very mad
that he wasn't thier to help his brother. Plus I think he was biting his
tongue not to say anything to Ferrer.

Spider   October 30th, 2008 11:22 am ET

Before my fellow posters start yelling "innocent until proven guilty", I am NOT on the jury for this trial, therefore, I am allowed an opinion sheerly due to my status as a free person.

Drive to a person's location, retrieve a weapon from your vehicle, accost an unarmed man and end his life. That is murder, not self defense.

The biggest question that needs to be answered is, "How involved is Gonzalez-Martinez?" Looks, to me, like she stands to cash in on a life insurance policy while her boyfriend goes to jail for murdering the policie's owner. She is the beneficiary of the ending of two people's lives.

Jennifer M   October 30th, 2008 12:25 pm ET

If the defendent went to "talk" to the victim, how did he start a conversation and start and end a fight in a matter of 6-7 minutes?

Justice please   October 30th, 2008 12:55 pm ET

These two both deserve the death penalty in the same fashion as Colin was butchered. It's time we stop with victim's rights and acknowledge that we live in a society that is out of control with no respect for life. It is so terribly sad that the life of a dedicated father was so savagely ended. My utmost sympathy and prayers go out to Colin's family (including his ex-wife.

Vegas   October 30th, 2008 1:37 pm ET

How is stabbing someone 40 times self defense?

Would he have been safe after say.... 20 times?

This is way out there... he will get the death penalty... and it sounds like he's got it comming...

Kelly   October 30th, 2008 2:08 pm ET

Hey Dean:

Thanks to our constitution we all have the right to voice our opinions and I respect those rights. But I don't respect someone who did not know Colin tagging him in the same category as Heizel and Alex who will have Colin's blood on their hands for the rest of their lives!

There was without a doubt a "thug and a thugess" in the equation but Colin was DEFINITELY not one of those. Colin was a good man who lived for his children and family. He saw the best in everyone and unfortunately, this great quality cost him his life and robbed four beautiful children from a life with a wonderful father!

Julee   October 30th, 2008 2:16 pm ET

Wow . . . I really don't know what to say . . . All I know is that my fiance was murdered the early morning of May 17, 2007 and was taken away from me, my children and most of all his 4 wonderful children. Our lives will NEVER be the same. I pray that at the end of the day, Justice will be done and people will know exactly what happened here. Some of you have already hit it right on the head. Alex was a puppet in the wicked woman's hands and played right into her manipulation. I know first hand as does the mother of his three oldest children that Colin didn't have one mean vicious bone in his body. The man was the most laid back individual you would ever meet. I can go as far as saying that he never even raised his voice to me much less his hand. He lived with me and my children and that in and of itself is a true testiment of my trust and assurance in this great man that was taken from us. Let's all keep in mind that Colin didn't have a shirt on, no shoes and most of all no contacts when he was lured out of his temporary apartment. Colin was blind as a bat without contacts and was COMPLETELY blind-sided. I could go on and on, but I won't. All we want is justice and honestly, there is no real justice for the loss of Colin Brendan Zieler. I love you baby!

leslie kieltyka   October 30th, 2008 2:52 pm ET

Why are you not streaming the live feed for the Live trial from Fla.?

ggburg   October 31st, 2008 9:42 am ET

No one takes a knife to confront a person at 3 o'cock in the morning if you think they raped your girlfriend, unless you are looking for a fight! You call the police. Ferrar claims in his interview that all he wanted was to have Colin arrested. If that was the case all he hd to do is pick up the phone and put it in the hands of the LAW. I am so tired of people using this as an excuse to take matters into their own hands. If you come to this country LEARN THE LAWS!!!!!!!!!!!!!!!!!!
They should both rot in prison for the rest of their lives AT THE VERY LEAST.

KATRINA   October 31st, 2008 11:22 am ET

Did I hear correctly? Ferrer is a convicted child molester? If that is the case, I know what kept Colin coming at him. Appears that the wrong man ended up at the morgue.

BR   October 31st, 2008 12:38 pm ET

I hope I NEVER have to go before this Judge!!!
The murderer of this women's son is sitting there with no emotion
at all (except for a smirk once in a while) and the Judge reprimands
the Mom of the murder victim?
This women is showing A LOT of class – so what if she is silently
showing sadness or silently crying? She's not wailing.
The Judge should have exhibited the same amount of class and
decorum in his demeanor. He can take a lesson from Mom.

chris   October 31st, 2008 1:42 pm ET

This guy is slime,,, and he stand there with his suit on,, thinking he is so fine , and witht that smurk on his face,, not to mention his dumb A girlfriend who is protection his slimy ass ,, we will see the look he has when he get s the death penalty

Ovidonuts   October 31st, 2008 1:47 pm ET

I'll admit I haven't been following this case very closely, but based on what I've read so far it looks to me that this was all about the $500,000 of insurance money. Sounds to me like the girlfriend orchestrated this whole scenario to achieve this result.

What's not clear is whether or not Ferrer was in on the plan or whether she just manipulated the situation because she knew Ferrer would react violently. Like I said, I haven't been following it that closely.

I think the death penalty is too easy for people like this. Let them rot in jail for the rest of their lives.

Kelly   October 31st, 2008 4:24 pm ET

To heck with rotting in jail and living on our tax money!

Sentence them to death and let them die in the same malicious way in which they murdered. Let them fight for their lives and everything that ever mattered to them, just as Colin had. Let's show them the same "respect" which they showed this loving and devoted father!

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