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November 4, 2008

BREAKING NEWS: Ferrer guilty of second-degree murder

Posted: 11:04 AM ET

BARTOW, Florida–After deliberating for almost six and a half hours, Alejandro Ferrer – charged with the brutal murder of his girlfriend’s ex-lover – was found guilty minutes ago of the lesser charge of second-degree murder for stabbing Colin Zieler a total of 42 times, in what he told police was self-defense. 

Ferrer could have faced the death penalty if convicted of first-dgree murder, but now faces life in prison when sentenced on December 17.

Stay tuned to In Session today for all the latest details in this case.

–In Session staff

Filed under: Trials


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Gerr   November 4th, 2008 11:37 am ET

If you think about it if Ferrer had time to put the key in the trunk and open it for the knife then he had time to put the key in the ignition and leave. The verdict should of been 1st degree.

Frank Kipler   November 4th, 2008 11:38 am ET

I think this verdict was a joke, a complete miscarriage of justice, I think the reason he got 2nd degree murder was because of the 9 women on the jury. The way you celebrate this verdict makes me sick. I hope one day the client you are defending is the one who killed your family member.

Jo Anne Miller   November 4th, 2008 12:03 pm ET

I think self defense was a stretch for a defense. If it was self defense, why didn't he testify? Why did he run away? Why wasn't the 1/2 million dollar life insurance brought up in trial? Why wasn't his gang affliations brought up? This guy got away with murder. He does have bad karma, remember Jeffrey Dahmer?

Lee   November 4th, 2008 12:09 pm ET

I sure hope his life in prison is just that, LIFE with no parole. He doesn't deserve any freedom what so ever. One or two stabs would have been different but 42??? No, he is a murderer and should be treated as such.

Kathy   November 4th, 2008 12:16 pm ET

I followed this trial on Tru-Tv and I cannot believe this verdict – This man is Guilty of Pre-Mediated Murder and the evidence proved it. There is no justice in this verdict.

Jamey Davis   November 4th, 2008 12:29 pm ET

I want to comment on behalf of collins ex-wife and his three children.
I have known them for over a year now and let me tell you they have had there ups and downs over collins death. I never knew collin, but to hear them talk about him and see all the pictures of him and the kids in thier house i feel like i have known him all of my life. If you talk to the kids he was a wonderful father. It is sad that someone took him from them and his son in florida. I have never heard a bad word come from their mouths saying he was abbusive in anyway. I have seen the kids cry for him time and time again. Mindy has beeen a strong person through this whole thing she has had too be for the kids sake. I just want everyone to know what i have heard and seen about collin from his own family here in Texas. I think everyone needs to remember though just because he isn't here in person he is here all the time watching over his family and will always be in their hearts.

Lenard Pederson   November 4th, 2008 12:34 pm ET

I'm watching your show "In Session" as I type this and I know this Trial is on the East Coast(3 hours earlier), So why is your Network so slow with passing current events??? It's 9:30 AM here and Lisa Bloom is still saying "The Jury clock is still running" when you have already posted that the Jury has decided Second Degree Murder. Is this "Quality TV"?

tom   November 4th, 2008 12:56 pm ET

This is the first trial in which I saw the judge rise for the jury.....I have never seen that before.

Albert Collins   November 4th, 2008 1:07 pm ET

Please ,He lucked out with that verdict. Jamie celebrates every time a person can get away with murder regardless of the facts.

Michele   November 4th, 2008 1:07 pm ET

"Ferrer trial"
I DO NOT AGREE WITH THE VERDICT. YOU DO NOT DRIVE TO SOMEONES HOUSE TO CONFRONT THEM, AND THEN CLAIM SELF DEFENSE. WHY DOESN JAMIE FLOYD FROM THE BEST DEFENSE DO A DANCE ON THE VICTIMS GRAVE. DEFENSE LAWYERS ARE AS LOW AS THE MONSTERS THEY DEFEND. SHE IS ABSOLUTELY GITTY TODAY CLAIMING THIS WAS A VICTORY. I HARDLY THINK A 4 YEAR OLD WITHOUT PARENTS AND A MOTHER WHO WILL NEVER SEE HER SON AGAIN IS A VICTORY.

debbie   November 4th, 2008 1:21 pm ET

Apparently the jury just couldn't wrap their minds around the fact that1.He called him out.2.He brought a knife.3.The time of day it was.4.The anger factor.5.STABBED40 times.How much more do they need to come up with 1st degree deliberate and planned murder??Guess there were people like the ones that heard ojs case on this jury..Good God what do people need these days?

LISA   November 4th, 2008 1:34 pm ET

This verdict was a joke! How could this NOT be premeditated? Stabbing someone 42 times! Where did this jury come from? I hope he finds "jailhouse" justice. And for those on the jury, apparently you have never lost a loved one to a brutal act. Neither have I, but unlike you, my heart bleeds for the victim and his family and nothing short of a death sentence for this monster is appropriate.

debbie   November 4th, 2008 1:53 pm ET

I guess the old saying rings true,the dead guy can't testify and the guilty guy don't have to and is still found only guilty of 2nd degree.He'll get out of prison one day and do it again..Hiezel too.Wonder how anyone would want to be responsible for allowing that to happen.God help us all when it does.

Dave   November 4th, 2008 2:04 pm ET

Another botched verdict by a weak jury with no backbone to follow the known facts. There were several unknowns at the crime seen, but what was known as fact all pointed to first degree murder. Like Lisa said, let's hope he gets jailhouse justice.

Paula   November 4th, 2008 2:04 pm ET

I think that today was a very lucky day for Ferrer because he got away with first degree murder. We should of seen more of Ferrer's lack of injuries and if Colin so called hit him so hard to the face that it knocked him off his feet, why would there not be no injuries showing this. This was very much premeditated case. your show says lets stick up for the defense team, why they got paid to get their client off and thats what they did today because of the lesser charge. To see Ferrer smile after the verdict he knew he got away with first degree murder this was very scary that possibly this man may one day be out and could do this again.

Sheila (from florida)   November 4th, 2008 2:14 pm ET

I just cant belive this jury found him guilty of "only" 2nd degree murder, This is so WRONG... What about the family??? does anyone care "COLLIN"??? And everyone is praising the defence attorneys.. they got a man off for MURDER. WHERE IS THE JUSTICE IN THIS CASE??? What is this world coming to???

Clif   November 4th, 2008 2:25 pm ET

Folks, I agree with most of you. It is a shame that it came down this way. However, we do have to remember that the victim wasn't "stabbed" 42 times. He sustained 42 individual "cuts, slashes, and stabs". According to the Pathologist there were 2 wounds that could have potentially been fatal. The rest could have certainly occurred in the struggle. Personally, I think the Defense did a magnificent job of saving their clients life. The attorney put just enough doubt for the jury to recognize the prosecutions problems with evidence. That was his job and he did it well.

Cathy   November 4th, 2008 2:27 pm ET

What several posters are talking about is revenge, not justice. When the state kills in our names, WE become the killers. Period. He may deserve to die, but I am not qualified to take his life and neither are any of you.

JoAnn Collins   November 4th, 2008 2:41 pm ET

I am glad he was found guilty but I am wondering how they could not find it premeditated. The 1st point was when they called him @ 3:58 a.m, that is when all this started. The 2nd point in premeditation was when he went to his car to get the knife instead of like another smart person wrote, that he could have just drove away. The 3rd point to premeditation was 40 stab wounds one being almost severing his head. I do not believe she was raped, if she was couldn't have bothered her as she did nothing for 3-4 days(last time i checked you get raped you go to the police not your boyfriend 3/4 days later)! This was a killing and there was no self-defense, a joke @ best for the defense. Ridiculous!!!!!!
Just hoping sentencing gives him maximum.

Richard   November 4th, 2008 2:46 pm ET

I"m sure Jamie Floyd is happy with this verdict..It's a miscarriage of justice.

Prsnofinterest   November 4th, 2008 2:59 pm ET

I don't understand why Ferrer's prior felony conviction did not come into evidence in this trial.

I am sure that it would have had some influence on this jury especially in light of the fact that it happened since he murdered Colin Zieler.

I certainly hope the judge takes this felony into consideration when he sentences Ferrer.

mary corrigan   November 4th, 2008 3:00 pm ET

This jury did not do their job...this man was guilty of 1st degree murder....you don't confront someone at 4 a.m. and bring a 12 inch knife with you....this was premeditated.....I hope he gets life without parole.....Did you see the little smirk on his face when the verdict was read.....???

Bambi   November 4th, 2008 3:01 pm ET

Now, all that the family and people who believe it was planned needs, is that this guy Ferrer gets LIFE and not 25 years or under on 12/17... I really believe this is what Heizel should have received as well. This was so brutal, and herific and should NOT have happened. What person keeps a knife and nothing else in their car if their not a fisher, as he claimed- who cleans the scene and throws things away, if it were self defense. Why didn't either of them call for help. I really wish the life insurance document was presented – because it would have been a different verdict. Colin Zieler was planning to leave that next day with his son Isiah to go back home to Texas so he can spend his visitation with him. This is so sad. leaving now his Fincee and four kids behind. My heart goes out to his family – Mom and brother.

Vixen   November 4th, 2008 3:04 pm ET

Absolutley abomadible! How in this free country did he get away with 2nd degree????? He butchered the victim 42 times not with a knife but a 'machete type knife'!!!!! This was not self defense! If he had time to get the machete out of the car he had time to drive away. Also, what I said yesterday, Martinez (that ugly hag inside and out) started this whole thing and all she got was 15 years and not made to testify against Ferrer in any kind of plea deal?????? This was an OVERKILL trial and apparently the defendent had a right to smirk all the way through it...he probably knew the death penalty wasn't going to stick. Your right Banfield and Ford, the system makes no sense and it was wrong for you to say it was a 'victory'. Quit talking about your new voting rights and apologize to the victims family for saying this was a 'victory' trial! DISGUSTING....just like Ferrer and Martinez.

Tam   November 4th, 2008 3:05 pm ET

I don't know what would be a clearer case for a 1st degree conviction. It almost seemed to simple. I would have loved to hear the jurors arguments against 1st degree in that jury room. A person goes to someone's home at 4:00 in the morning . . takes with them a very large knife . . has an ex-girlfriend coax them outside . . stabs them 42 times . . leaves them dead . . please explain to me what is then the definition of 1st degree premeditation?

lauren mendes   November 4th, 2008 5:08 pm ET

The Verdict should be Guilty – First Degree Murder.
the jury was not privy to know of the real motive to the murder. The Life Insurance was the real motive. I just hope the judge know of this motive. This judge did not preside over the trial of Heizel Gonzalez-Martinez, but I hope he is familiar with the Life Insurance motive.
Even the defendant smile at the verdict. Even he was happy to get second degree. I just hope the Judge will remove the smile off his face when he give him what he deserve, LWOP.

Kelly   November 4th, 2008 5:14 pm ET

This whole thing makes me violently ill!

This verdict is nothing short of total disgrace. What kind of message has this jury sent to our society? This verdict just says "it's okay to brutally murder someone!" Better yet, the more brutal the better, I guess. It's plain and simple – the intent was to KILL! How was this overlooked or viewed as anything less than that? Then he sits in the court room with that stupid smirk on his face that should make his own mother slap the snot out of him.

For the love of God, when do the victims get their day of JUSTICE?

Hopefully, this judge who disgust me equally as much as the verdict, will at least see to it that this person, who isn't worthy of the air he is breathing, serves the rest of his life in prison with no parole.

Jus   November 4th, 2008 5:47 pm ET

I see that I am in the EXTREME minority here but apparently 12 people in that jury box at least agreed with me. This is more 2nd degree than anything kids. I dont like it and obviously neither do you but there's just not enough evidence to call it 1st.
First, anybody who's talkin about Collin's family, your opinion is automatically disregarded as personal feelings of regret and pity for the victim or his family are NOT evidence. IF it had been a clear case of self defense and Collin had tried to kill Ferrer with the same outcome nobody would be out here asking "What about Collin?!"
Second, self-defense is an affirmative defense, (Yes, I did it but its ok, and here's why...) so since he has been convicted the jury did NOT accept it!
So we are left with the difference between 1st and 2nd degree murder. what is it? Premeditation! And what nobody here has mentioned is that premeditation is not just intending to kill someone. It requires adequate time for REFLECTION. Did Ferrer intend to kill Collin? Yes. But WHEN and under what circumstances and frame of mind did that intent develop under? If we accept what the prosecution says, he's mad that Collin raped Heizel, and that's Ferrer's motive for killing him. And he's so enraged that he goes into a frenzy and stabs a helpless Collin 41 times and slices his throat on top of that. This is not a scenario for premeditation, but one for a crime of passion, which is 2nd degree murder. You actually have to go to the defense's arguments to get away from this. That Ferrer was calm and came prepared to what he knew MIGHT break into a fight with someone he believed could beat him up. His past gang experience has taught him, bring an equalizer if you are overmatched. So he goes to 'confront' Collin and he's calm but he knows he COULD kill him if he had to or wanted to. HERE is where the possibility for premeditation comes in. But being able to and deciding to kill a person are two very different things as any Marine will tell you.
It would make far more sense considering the blood trails that it was a lengthy and fairly matched fight, one in which Collin actually gained the upper hand. Consider this scenario: they are wrestling around and Collin pins Ferrer and in defense of his own life, COLLIN is trying to choke Ferrer to death. What does the knife-wielding Ferrer do to keep from being killed? He stabs and slashes wildly until finally Collin is dead, the final blow being that he finally gets a clean shot at Collin's neck and slahes straight across (from Collin's right to Collin's left). This is how the blood trail doesn't change because it's ALL Collin's blood on Ferrer that has been dripping on him the whole time he's been underneath his victim.
Bottom line folks, look at the evidence and leave your feelings out of it and actually pay attention to the phrases you are throwing around and you can never get enough evidence for 1st degree

Amanda B. (from the let go jury pool)   November 4th, 2008 7:14 pm ET

I think this was a horrible verdict, for this simple reason. You do not go to someone's home, bring a knife, and then claim self-defense. Apparently it was premeditated: 1. he brought a knife 2. a movie ticket was found, meaning he must not of went home to "take a shower". And if he did in fact go home it's obvious they discussed going to Colin's home.
I feel very sorry for Colin's family and his son. I'm glad I didn't get picked for this jury, although i was disappointed at the time i was let go.

miosotys iglesias   November 5th, 2008 9:55 am ET

I really don't think mr. ferrer is guilty, some times a woman could really screw up a young Men's life I really think this is the case of a dominant woman against 2 inocent mens.

Spider   November 5th, 2008 11:42 am ET

Where do people get off deciding the jury came up with an incorrect verdict? How many of you sat on this jury? How many of you have ever sat on a murder trial jury?
Until you have sat in that seat, you have no right to question a jury's decision. These people did what most of us hope we will never have to do; make a decision affecting a stranger's life.
The jury sat in that courtroom and listened to all the evidence. They weren't able to stretch out on their couch with a beer and some chips while the witnesses testified. They developed their opinions without the assistance of Tru-TV's talking heads and the interruptions of deodorant advertisements.
This is our system folks. Live with it. It doesn't always make everyone happy. Justice is a relative thing.

Mindy   November 5th, 2008 1:54 pm ET

Jami Floyd,

I REALLY do not appreciate you stating that this was a "VOICTORY". I am the mother of Colin's oldest 3 children. Our children have suffered a tremendously lose from Alejandro. Colin ABSOLUTELY NEVER did anything to anyone to ever deserve what he had to endure!!!! Colin contributed more to his family and the community the you or Alejandro could ever think about. HOW DARE YOU say something so HEARTLESS!!!! Would you like to have to tell your children something like this about their DADDY???? Why don't you stop and put yourself in someone elses shoes before you talk? How would you like to take your children to visit their DADDY at a gravesite with no headstone, not because you haven't tried to get that for him and your children. Our children's world was totally shattered on May 17, 2007. How exactly would you deal with this? And then have someone like you say it was a "VICTORY" for the defense? Would you like your children going to "Donuts with Dad" at school with their dad no longer ever being able to be there because of someone else's PREMEDITATED, BRUTAL attack causing death of your children's dad? Colin was not given the chance to watch his beautiful children graduate, watch his boys get married, or even WALK HIS DAUGHTER DOWN THE EISLE AT HER WEDDING, be there for the birth of grandchildren, nothing. Colin was a tremendous man and a kind, loving, involved DADDY. HOW DARE YOU even think for one mnute that you have the right to say anything about him or even have the right to say his name.

I TRULY hope with all of my heart that you NEVER have to walk one day in our children's shoes or even my shoes for that matter.

You are extremely RUDE and HEARTLESS!!!!!!!!!!

Ron Johnson   November 5th, 2008 4:31 pm ET

Haven`t seen any recent updates by TruTV on Phil Spector retrial, evidently won`t be televised like last time? Thankyou.

Ronda   November 6th, 2008 5:07 am ET

Cathy, I'm sure old Sparky is completely qualified to take his life.

Ronda   November 6th, 2008 5:50 am ET

Jus, If you ever get called for Jury Duty could you please skip it.
In your comment you want us to consider your made up scenario, let me ask you this, DOES THE EVIDENCE SUPPORT YOUR MADE UP SCENARIO?

Here's a scenario for you, imagine (God forbid) this scenario involved yourself or one of your family members, would you want the Jury to disregard evidence and just make up their own scenario?

Where does the evidence lead us you ask. Lets take a look.

1. Colin is at home, minding his own business.
2. He gets a phone call from his baby's mama around 4:00
a.m. in the morning.
3. Colin goes outside to talk to his baby's mama to find out what she
wants.
4. Colin is unaware that his baby's mama has told her new love that
Colin had raped her.
5. While outside Colin and the new boyfriend are talking or whatever
they get into a scuffle.
6. The now convicted murderer goes to his car, pops the trunk of his
car, reaches in and gets his knife.

7. GRAND FINALE – COLIN HAS BEEN STABBED OVER 40 TIMES,
COLINS THROAT IS CUT, COLIN IS DYING RIGHT OUTSIDE HIS
APARTMENT, THE CONVICTED MURDERER CLAIMING SELF-
DEFENSE ISN'T INJURED BUT COLIN IS DYING.

COLIN IS KILLED AT THE HANDS OF AN ANIMAL BECAUSE OF HIS PATHETIC, SCUMBAG EX.

Ginger   November 6th, 2008 9:33 am ET

I think the verdict is right because he didn't plan to kill him before going to his apartment. However, I think his girlfriend did plan the murder. She wanted her son to stay with her and not go with him, so she figured Ferrer would hurt him enough for him to either go away or die. Now, the child has no parents.

Ginger   November 6th, 2008 9:40 am ET

Mindy,
We are all sorry for your loss. Nothing could ever bring Colin back. But, Ferrer will neve be able to hurt someone, again. He will suffer more by being alive in prison and living with what he did. He will never be able to have a family and watch them grow, either. So, take some comfort in knowing that. Please, reach out to Colin's child with the ex-girlfriend because this child no longer has parents. Your children have you. I hope your children help you get past the pain and anger you feel from what Ferrer did. Now that the trial is over, I hope you can begin to heal.

Angi   November 6th, 2008 11:11 am ET

As far as sitting on a jury for a murder trial Spider, that is really not the point is it? The man had a knife and drove a long distance to a place that he had NO right going to at that time of the evening. If Colin raped his ex, then that is an issue for the police... odd though, she NEVER said a word to them until Colin was dead... go figure. This one was really a NO BRAINER.

Leti   November 6th, 2008 4:31 pm ET

I watched this case from beginning to end and cannot believe the INJUSTICE of this. Alejandro Ferrer got away with Pre-meditated Murder and should have received the death penalty.. My ONLY comfort is knowing that Alejandro still has to go before a Higher Judge – GOD!!! GOD knew his intention and will punish him in the afterlife!! Alejandro still has to answer to HIM for the many lives he destroyed, especially the children of Colin Zieler.

Jim   November 7th, 2008 11:28 pm ET

I say fry him! I'll bring the marshmallows and weenies!

Jay   November 8th, 2008 12:27 pm ET

He was screwed.. they should ahve given him probation. Yall people need to get a life

Marilyn   November 9th, 2008 12:27 am ET

This guy should have been found guilty of first degree murder. Colin Zieler is dead and Ferrer is going to do is spend his life in prison. What was he doing there at Colin's house in the first place? doesn't sound like self defense to me. I don't agree with the jury's verdict and i think it is a joke.

Katherine   December 18th, 2008 8:31 am ET

Any word on his official sentence? I believe sentencing was suppose to start yesterday (Dec. 17) but I haven't been able to find any info. on it.

Mindy   December 22nd, 2008 6:12 pm ET

I just wanted to let everyone who is wondering what the sentence was... Alejandro Ferrer received life in prison without the poosibility of parole. It does some what make me feel better because the death penalty was an easy way out, and is much easier than what he put Colin through. Colin's children are trying to deal with this loss. We remember dad all of the time. We are all so thankful for the wonderful memories we made with him. For all of those who had us in your prayers I would like to thank you. And for all of those who have said horrible things I just hope someone like Alejandro or Heizel are ever brought into your life and take someone that is precious to you away in a horrific brutual murder. Colin is a tremendous daddy, man, friend, and someone that anyone would have learned how to be a wonderful man from. He is dearly missed everyday, but we do know he is always in our hearts, and in heaven watching over us.

Thank you again for all the kind words and prayers!!

Mindy & Colin's children

PB   December 25th, 2008 8:24 pm ET

God bless you and your little ones Mindy, and thank you for the update. This case has been on my mind since I first started watching the trial. I hope you and your children can rest assured that Ferrer will never again see the light of day outside of the hell hole prison system. I encourage you to continue to honor Colin's memory and take this horrible situation and make something positive out of it, if you can touch the lives of others with your story, educate young men and women on conflict resolution in relationships, or just somehow turn this into something other than what it has been so far, a terrible tragedy for you, your children, Colin's family and the little boy who has neither a mother or father any longer. I will keep you all in my prayers.

Heartbreaking Pictures of Executions - Page 3   December 30th, 2008 7:53 am ET

[...] the Defendant was found guilty of 2nd Degree Murder even with their argument of Self Defense: In Session:: Sidebar Blog Archive – BREAKING NEWS: Ferrer guilty of second-degree murder – Blogs fro... Domestic-violence foe guilty of second-degree murder And here's one for the Military books: [...]

Terry "Chip" Fleischman   January 10th, 2009 5:43 pm ET

I lived with the Zieler family in New York in the early 1980s and although I haven't been in touch with them in almost thirty years, I've always considered Colin, Hayley, Vanessa and Aaron as my "step-children". I accidently stumbled across the report of Colin's murder online and I was devastated. Unfortunately, I have no way of contacting the family, but I want you all to know that my thoughts are with you.

L.A.   February 5th, 2009 10:37 pm ET

DEATH PENALTY FOR SURE LETS SEE IF WE KEEP HIM IN JAIL FOR SAY 20 YEARS AT 38,000 DOLLARS A YEAR , THIS WILL COST THE TAX PAYERS HOW MUCH? YOU DO THE MATH. 760,000.00 THIS IS JUSTUS.--–JUSTUS TAX PAYERS GETTING SCREWED AGAIN. IF A HORSE BREAKS HIS LEG THEY USED TO SHOOT HIM TO PUT HIM OUT OF HIS SUFFERING. WHY SHOULD THE PUBLIC HAVE TO SUFFER WHEN SOMEONE COMMITS THIS KIND OF CRIME,MABE WITH THE ECONOMY IN SUCH BAD SHAPE , WE SHOULD RETHINT THIS CRAZ POLICY.I KNOW SOME DECENT FAMILYS THAT COULD USE SOME OF THAT MONEY.LETS ALL WRITE TO THOSE BLEEDING HEART DEMOCRATES FOR SOME RELIEF.MABE EVEN THE MASYA HIMSELF CAN HELP OUT.

angel vincent   August 5th, 2009 11:10 am ET

I think the verdict should be GUILTY! Defense lawyers should be ashamed of theirselves, how can they sleep at night without having nightmares. About the victims their clients have killed? God, will have the last word on judgment day though. How sweet that will be!

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