Integrity of Judge in Death Row Case Compromised

by Failure to Disclose Spouse is State Employee

The Code of Judicial Conduct sternly warns judges not to allow even the “appearance of impropriety.”  In disregard of this clear rule, Judge Reginald Whitehead of the Ninth Judicial Circuit assumed responsibility for the case of 33 year death row inmate William Thomas Zeigler in 2003 after another judge had authorized DNA testing in 2001. Zeigler’s attorneys were so confident that the results of the testing would prove his complete innocence that they immediately moved to have his sentence vacated. In 2004, Judge Whitehead, who, for unknown reasons, took over the case from Judge Grincewicz who had ordered the testing, denied Zeigler’s demand for a new trial. 

Five years later, Zeigler’s pro bono New York attorneys asked the court  to test the  DNA of the stains which were not tested in 2001. Judge Whitehead had ruled before the 2004 hearing that only evidence which had been a part of the trial record in 1976 would be allowed to be considered, effectively blocking Zeigler from proffering other exculpatory evidence which the state had withheld from defense at trial. The untested stains had not been a part of the trial in 1976, yet Whitehead allowed the state to use them to imply that the untested stains might prove Zeigler’s guilt. The new petition was assigned originally to Judge F. Rand Wallis, but, inexplicably, was taken over by Judge Whitehead.

In a letter faxed to Chief Judge Belvin Perry, Jr. today, Ray McEachern, Citizen Advocate for Tommy Zeigler, asked that the case re-assigned to a different judge. In the letter, McEachern said that he verified with Chief Assistant State Attorney William Vose that ASA Esther Marie Whitehead was in fact the spouse of Judge Reginald Whitehead and that she was an employee of the state in 2004 when Judge Whitehead denied Zeigler’s petition for a new trial. In the letter McEachern states that the “integrity of the court has already been compromised by Judge Whitehead’s failure to disclose a relationship that can be exploited to the advantage of the state.”

An online petition to Florida Governor Charles Crist, which has garnered 400 names, points out that the 1976 trial judge, Maurice Paul, now a federal judge, refused to step aside even though he had been an opposing character witness to Zeigler in a racially charged trial four months before the murders for which Zeigler was convicted. Zeigler was shot in the abdomen during those murders but survived to call police. Zeigler was charged with the murders three days later while he was in hospital intensive care.