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P. Zile Sentenced
on Misdemeanor Charges (1/17/96) P. ZILE SENTENCED
ON MISDEMEANOR CHARGES Zile, 25, pleaded no contest to
one count of obstructing a police officer during an investigation, and
one count of filing a false police report. Both charges are misdemeanors.
Two other charges, also misdemeanors, were dropped by the state Investigators later discovered Christina's body had been kept in a bedroom closet for four days in the Ziles' Riviera Beach apartment, then buried behind a department store in northern Palm Beach County. Detectives said Christina was dead a week before she was even reported missing. The child had been beaten to death. A Palm Beach County jury in April convicted Pauline Zile of first-degree murder and aggravated child abuse in her daughter's death. Zile was sentenced to life in prison. Her husband, John Zile, 33, still faces trial on a murder charge in Christina's death. It is scheduled for later this year. On Tuesday, Broward County Court Judge Ilona M. Holmes accepted Pauline Zile's pleas and sentenced her to one year in prison on each of the Broward charges, with credit for seven months served in jail. The sentences will run concurrent with the life sentence. In Palm Beach County today, Pauline Zile will ask a judge to replace Rubin as her attorney. In court papers filed on Tuesday, Zile said that Rubin may not be able to fairly represent her before the appellate court. She accuses Rubin of failing to keep her informed about her appeal, refusing to take her telephone calls, and demanding $5,000 before going forward with the appeal. Rubin has denied the allegations. Staff Writer Mike Folks contributed to this report ZILE WANTS A MEETING WITH WIFE But the visit would have to be supervised and behind bars for the convicted killer and her husband, John, who awaits trial in her daughter's death. "I think he's interested
in his wife's welfare and wishes the best for her," said John Zile's
attorney, Edward O'Hara. "It's like any normal couple, notwithstanding
the circumstances of this case. There's still something in their hearts.
"It's not a conjugal visit," O'Hara said. Colton is scheduled to rule on O'Hara's request at 8:30 a.m., shortly before Pauline Zile's hearing for a new attorney to handle her appeal. She was convicted of first-degree murder for failure to protect her daughter, and three counts of aggravated child abuse. John Zile, charged with first-degree murder and four counts of aggravated child abuse, is scheduled to go to trial in April. The Ziles were charged after the September 1994 death of Christina Holt. Pauline Zile had claimed the child was abducted from a restroom of the Swap Shop near Fort Lauderdale. Once the ruse began to unravel, Pauline Zile implicated her husband. Investigators say John Zile then confessed to beating the girl as Pauline Zile watched. He said Christina collapsed in convulsions and died despite his attempts to revive her. Detectives say the couple hid Christina's 44-pound body in a closet at their Singer Island apartment for four days before John Zile buried the body in Tequesta. The recent request for a visit between the Ziles may be surprising, considering Pauline Zile's statement that implicated her husband as well as the animosity displayed by John Zile at a bail hearing in November 1994. At the hearing, John Zile became enraged as Pauline Zile's attorney, Ellis Rubin, read from a letter she had written that portrayed her as blameless. From his seat, John Zile screamed at his wife: "Tell them the truth. You want to get your ass out of here, you want to send me to the death chair because you want to get your ass out of here. You better come clean."And then, as deputies hauled him out of the courtroom, he yelled in contempt and anger, "I appreciate your love and concern for me - the end." He later apologized for his outburst, and O'Hara said on Tuesday that John Zile's anger was mostly directed at Rubin, who Zile thought was trying manipulate his wife. Rubin said on Tuesday that he does not oppose the visit. But Assistant State Attorney Scott Cupp said he will oppose it because of Pauline Zile's role as a potential prosecution witness. "Our position is any talking that's going to be done should be done in court" or during a deposition, Cupp said. Col. Steve Lasley, corrections director at the Palm Beach County Jail, said he opposes the visit, too, mainly because of logistics and security. While she is in Palm Beach County, Pauline Zile will be held west of West Palm Beach at the stockade, which is seven miles from the County Jail where John Zile is being held without bail pending trial. Lasley also said that because of Pauline Zile's life sentence, she is considered a security risk. Although Lasley said they have had cases where co-defendants have had visits in the past, none ever involved prisoners held in separate facilities. Should the court approve the visit, a deputy will be stationed nearby, he said. Lasley also denied the couple has ever had a visit, but said they had been allowed to visit with their sons, Daniel, 6, and Chad, 4, before the boys were put up for adoption PAULINE ZILE SENTENCED FOR FILING
FALSE REPORT At Tuesday's hearing, defense attorney Ellis Rubin filed no contest pleas for Pauline Zile on two of four misdemeanor charges that she had filed a false police report and obstructed justice. The remaining two counts were dropped, Rubin said. County Judge Ilona Holmes sentenced Zile to a year in prison on each of the two new convictions, to be served concurrently with her life sentence.
The Ziles were charged with the girl's murder. Pauline Zile was convicted and sentenced to life in prison. John Zile still faces a first-degree murder trial. At Tuesday's hearing, defense attorney Ellis Rubin filed no contest pleas for Pauline Zile on two of four misdemeanor charges that she had filed a false police report and obstructed justice. The remaining two counts were dropped, Rubin said. County Judge Ilona Holmes sentenced Zile to a year in prison on each of the two new convictions, to be served concurrently with her life sentence. JAIL DENIES JOHN ZILE A VISIT
TO HIS WIFE Palm Beach County Circuit Judge
Roger B. Colton denied the visitation request, saying he had no authority
to issue the order, but he suggested that jail officials allow the meeting
Pauline Zile, 25, was convicted in April of murdering her 7-year-old daughter, Christina Holt, and sentenced to life in prison. John Zile, 33, is awaiting an April trial for the same crime. If convicted, he could face the death penalty. Pauline Zile was returned to the county for a hearing on her appeal, prompting the request for the meeting by her husband. "They're both here at the courthouse. No additional security is needed," said Fred Wilson, John Zile's attorney.
"I believe I deserve a fair, objective chance with this appeal - point blank," Zile, 25, told Palm Beach County Circuit Judge Howard G. Berman on Wednesday. Zile said she wants a new attorney. But Rubin, intent on handling
the appeal as he did her trial, told the judge he doesn't want to give
up Rubin, Zile's court-appointed public defender, said he felt obligated to carry on with her appeal. "My motivation is to see that justice is done," Rubin said. "I want to correct an injustice. It's outrageous. She did not participate in this crime." Berman deferred ruling until the attorneys can file legal arguments that he can review. Zile was convicted in April of first-degree murder and aggravated child abuse in the September 1994 death of her daughter, Christina Holt, 7. Her husband, John, 33, who prosecutors say beat Christina in Pauline Zile's presence until the girl collapsed in convulsions and died, goes on trial in April. Wednesday's court hearing, which pitted defendant and attorney against each other, created an unusual legal situation, said John Tierney, a West Palm Beach defense attorney not connected to the case. "It's extremely unusual for him to be sitting up there and saying he wants to remain on the case against his client's wishes," Tierney said. In most cases, attorneys routinely step down without protest when a judge finds there is a conflict between an attorney and a client. And, Tierney said, it is best to have a seasoned appellate lawyer to handle an appeal to provide a fresh perspective. Doing so, he said, can make or break an appeal. That issue was among three points made during Wednesday's court hearing by James Eisenberg, an attorney appointed to represent Zile for the hearing. Eisenberg argued that because Zile has been declared indigent, she should have had her appeal referred to the Public Defender's Office's appellate division, which is staffed by attorneys specially trained to handle appeals. Rubin's appointment was contrary to court administrative orders, which require that an attorney be selected from a list of attorneys awaiting such appointments, Eisenberg said. In addition, Eisenberg said Rubin and Zile have a conflict because Zile thinks Rubin is more concerned with the publicity surrounding the case and maintaining his reputation than her best interests. But on the witness stand, Rubin denied he sought publicity, or refused to keep Zile informed about her appeal, refused to return her phone calls or demanded $5,000 from Zile's mother before going forward with the appeal. In addition, Rubin said he was qualified to handle the appeal, citing more than 50 appeals cases he has handled. "There's every indication that I can get her a new trial or have the case thrown out entirely," he said.
Zile's attorneys argued that state law guaranteeing the secrecy surrounding grand jury proceedings was unconstitutional, but Palm Beach County Circuit Judge Roger B. Colton denied the request. Zile, 33, is charged with first-degree murder and aggravated child abuse in the September 1994 death of his stepdaughter, Christina Holt, 7. Police say Zile confessed to beating the girl, who collapsed into convulsions and died. Zile told police he and his wife, Pauline, 27, hid the girl's body in a closet at their Singer Island apartment before John Zile buried Christina behind a Kmart in Tequesta. Pauline Zile was convicted in April of first-degree murder and aggravated child abuse for failing to protect her daughter. She is serving a life sentence while her case is on appeal. ZILE TO RETURN TO COUNTY Palm Beach County Circuit Court Judge Roger Colton ordered Zile, 25, to be brought back from Monticello in north Florida, where she is serving a life sentence in the killing of her daughter, Christina Holt, 7. Zile will be in West Palm Beach in March for pretrial motion hearings in her husband's case. Zile has said she does not want to testify because she does not want to make statements that could hurt her appeal. Her husband, John Zile, 33, is accused of killing his stepdaughter in September 1994 at their Singer Island apartment. After the child's death, her body was kept in a bedroom closet and then secretly buried. Pauline Zile told police her daughter had been kidnapped and publicly pleaded for her return. |