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In Court (3/27/96) IN COURT JOHN ZILE SEEKS TO SUPPRESS SEARCH
EVIDENCE During a hearing to suppress evidence
seized from the apartment and car, Zile said investigators told him
on Oct. 24, 1994, that they wanted to conduct the searches to collect
"trace evidence," which they said would include hair, fiber
and fingerprints Zile's wife, Pauline, had reported the girl had disappeared days earlier during a trip to the Swap Shop west of Fort Lauderdale. Zile's defense attorneys have said investigators overstepped their authority by searching the car and apartment for bloodstains. When investigators sprayed chemicals in the apartment, they found traces of blood, and the Ziles later were charged in Christina's death. John Zile faces a possible death penalty if convicted of first-degree murder and aggravated child abuse. His trial is scheduled to begin April 8. Palm Beach County Circuit Judge Roger Colton did not rule on whether he will throw out the evidence seized. He could rule on that motion, and others, by the end of the week.
Zile also says a confession he
made to police is invalid Zile's wife Pauline was convicted of murder last year in the death of Christina Holt. The body of the 7-year-old girl was found in a shallow grave behind a Tequesta Kmart in October, 1994, several days after her mother and stepfather reported her missing. The couple's tearful pleas on television for Christina's return garnered nationwide attention and sparked an intense search for the girl. Pauline Zile was the first to tell police it was all a lie, and that her husband had beaten Christina. When confronted with that, John Zile led police to the girl's body. The hearing continues today. Zile is also asking that his murder trial be moved out of Palm Beach County because of extensive publicity the case received. The trial is scheduled to begin April 7 in West Palm Beach. Pauline Zile was sentenced to life in prison. John Zile faces the death penalty if convicted. IN COURT ZILE TRIAL WON'T MOVE - FOR NOW But Palm Beach County Circuit Judge Roger B. Colton left the door open for the defense to raise the issue again when jury selection begins April 8. "I will be in tune to whether
or not the minds of the community are so influenced that John Zile can
not receive a fair trial in this county," Colton said. "If
it comes to light ... I will take the appropriate steps to ensure that
John Zile receives a fair trial. Zile is charged with first-degree murder and four counts of aggravated child abuse in the death of his stepdaughter, Christina Holt, 7. If convicted, he faces a possible death sentence. Prosecutors said he confessed to beating the girl in September 1994, which caused her to collapse into convulsions and die. He then hid the girl's body in a closet of his family's Singer Island apartment for four days before burying her behind a Tequesta K-Mart, prosecutors said. In the meantime, Zile's wife, Pauline, told police her daughter had been abducted from a bathroom at the Swap Shop near Fort Lauderdale. Five days later, John Zile told police where they could find the girl's body. In court on Friday, Ed O'Hara, one of Zile's defense attorneys, argued that the trial should be moved because prospective jurors have been tainted by the media coverage. "I think the inconvenience of moving this case is far outweighed by the rights of this man under the U.S. and Florida constitutions" to get a fair trial, O'Hara said. But Assistant State Attorney Scott Cupp said the trial should be moved only in situations such as the case of William Lozano, the Miami police officer who shot and killed a black motorcyclist in January 1989. The killing sparked days of rioting and looting and the trial was moved to Orlando for fear of further rioting. "We don't have a mob mentality," Cupp said. "The state would urge the court at this juncture to leave this trial where it is.
State Attorney Barry Krischer testified Wednesday that he repeatedly asked John Zile if he wanted an attorney on Oct. 27, 1994, before Zile confessed to murdering his stepdaughter, Christina Holt. Zile's attorneys, Craig Wilson and Ed O'Hara, say police and prosecutors obtained the confession illegally and should not be allowed to use it at Zile's trial, which begins next week with jury selection.
Krischer was called as a witness
by his prosecutors, who are battling a defense request to suppress the
confession that Zile, 33, made at Riviera Beach police headquarters
on Oct. 27, 1994 "Our major concern and focus was to find that baby. We still did not know if that child was alive," Krischer said. When he arrived at police headquarters, Duggan told Krischer that John Zile said his stepdaughter's death was "not first-degree murder" and requested to speak to the state attorney. When Duggan asked Zile if he wanted to talk to investigators, Zile had responded, "What's in it for me?" Krischer said when he entered the room, "I made it clear to him there was nothing in it for him." Krischer testified he then warned Zile at least six times that he had a right to a lawyer being present. Each time, Krischer said, Zile told him that he did not need a lawyer. In the moments that followed, John Zile told investigators he had beaten Christina, causing her to collapse into convulsions and die despite his attempts to revive her. He then led investigators to her body, which was buried behind a Kmart store in Tequesta. Palm Beach County Circuit Judge Roger B. Colton is not expected to rule on the suppression of John Zile's statement until Monday, when Zile is expected to testify why he confessed. Jury selection is scheduled to begin on Tuesday, and it could possibly take more than a week to seat a jury. The trial is expected to last four to six weeks.
Zile goes on trial next week for first-degree murder for the 1994 death of 7-year-old Christina Holt. In October of that year, Zile and wife Pauline touched off an emotional nationwide search for the bright-eyed little girl when they went on TV news with tearful pleas for help after they said Christina had been abducted. Within a week, their story fell apart. When police questioned them separately, Pauline Zile said her husband had beaten Christina unconscious when the girl soiled her pants. She said he hid her body in the closet in their small Singer Island apartment for four days before burying her. She wasn't sure where the body was buried, she told police. While she was confessing, her husband was mum. But when he was confronted with his wife's statement, he decided to talk. The question Palm Beach County Circuit Judge Roger Colton must decide is whether John Zile's rights were violated. Krischer acknowledged that John Zile, during the more than nine hours he spent in an interrogation room at the Riviera Beach Police Department, asked for an attorney before he made his statement. John Zile was not given a lawyer, though Krischer didn't say why not. He said Zile later asked to see him. "He had indicated that he wanted a lawyer, and then contradictory to that statement said he wanted to speak to the state attorney," Krischer said. Krischer was paged, and rushed to the police department. "He wanted to know, up front, 'What's in it for me?' " Krischer said he made no promises or deals with John Zile and that he asked him six times if he wanted an attorney. Zile answered no. Krischer said he and police wanted badly to know what happened to Christina and they felt Zile knew. "Our main concern and focus was to find that baby," Krischer said. "We were hoping Christina was still alive, maybe secreted away somewhere. We were desperate to find that child." Krischer said he asked police to read Zile his Miranda rights -- informing him that he didn't have to talk to them and was entitled to an attorney -- twice. He said he then took Zile half a tuna sandwich and left while investigators questioned Zile and got the confession. Zile's attorneys, Craig Wilson and Ed O'Hara, said Krischer and the police took advantage of Zile's ignorance about his rights to coerce a statement from him. Pauline Zile was convicted of murder last year and sentenced to life in prison. Prosecutors said they will seek the death penalty for John Zile if he is convicted. Zile will testify when the hearing continues Monday. Jury selection for the murder trial begins Tuesday.
ZILE STAFF: NO COURT TV Zile's court-appointed attorney, Craig Wilson, said in a motion filed on Friday that the media has demonized his client and that the attention the case has drawn has caused witnesses to lie and clouded prosecutors' judgment. For example, Wilson said, a Home Depot cashier testified at Pauline Zile's trial last year that the Ziles bought a tarp and shovel from her and paid with a check. The tools were used to bury Christina Holt, 7. But, Wilson said in his motion, investigators knew the woman was lying because a review of the Ziles' bank account did not turn up such a check. Prosecutors still put the witness on the stand. Wilson said if the case had not drawn so much publicity, Zile would not be charged with first-degree murder, and his wife would not have been convicted of murder last year. If a judge does not grant the television ban, Wilson said he wanted jurors sequestered at least through jury selection. A hearing is set for Monday. |