The Virginia Larzelere Story
Edited by Michael Carter
The murderer's skin and blood were under Virginia's fingernails, but the police wouldn't check it out.
Editor's Note: Many innocent people on trial for their very lives hear the comforting words, "You are innocent, and the state has the burden of proof, so don't worry." Those who've never been through the system have no idea what's in store for them, but in this day and age of irresponsible prosecutions, no attorney has any business reassuring an accused person that somehow "justice will triumph." It happens anyway. Like lambs to slaughter, those who have not committed a crime, but have been taught to trust and respect the criminal justice system, will surely be convicted with the lawyer's help if they make the mistake of trusting solely in their lawyers. If Virginia Larzelere has a message for those going through the system, it is that you must fight as if you're fighting alone with or without an attorney.
Have you ever been telling the truth about something and no one believes you? Then you find yourself getting punished for it? Virginia Larzelere says this is what happened to her. She is currently on death row in Florida.
We've all heard similar stories before; someone on death row pleading innocence,and you may be thinking this is just another "murderer" claiming innocence in order to be set free. Before you pass easy judgment on the matter, read the following statement from Virginia herself:
"I have written several times only to discard each in fear I would not capture your attention. I can only imagine the thousands of letters asking for your help from prisoners claiming injustice and innocence. I am an innocent female on Florida's death row."
"My husband, Norman, was killed in our dental office on March 8, 1991, shot through a closed, solid-core door to the waiting room. I tried to stop the intruder as he was leaving and scraped his arm, leaving skin and blood under several broken fingernails. Even though I was able to get a partial license tag number, a BOLO (Be On the Look Out) was never issued by the Edgewater Police Dept. on the car description, tag number or the assailant. The Edgewater Police were not interested in the assailant's skin tissue and blood under my fingernails. Detective Osborne of the EPD testified that her sergeant said it was not necessary. The EPD failed to acknowledge that gold coins, cash, and narcotic drugs were taken from the safe; but did stipulate that the safe door was open with contents spilled. There was an inventory log book in the office detailing safe contents."
"Two months later, in exchange for various pending criminal charges being dismissed and being given immunity for all statements, our son Jason's friend, Steven Heidle, led the police to a shotgun and handgun in a river basin, claiming it was the murder weapon he dumped into the river on March 10, 1991. Jason and I were arrested May 5, 1991."
"The bottom line: Jason was acquitted. He was two weeks out of intensive care due to an auto accident, and was in Orlando when his father was killed. The shotgun could not be identified as the murder weapon because it was inoperable and the FDLE crime lab reports state the shotgun had not been discharged in years. Another crime lab report states the weapons had not been in the river basin for long, maybe a few days. Three people testified that the blue 45 Argentine handgun, also retrieved from the river was in Heidle's possession in late April, and not in the river basin since March 10, as Heidle claimed. Jason's motive? NONE. The Insurance Companies paid the policies since Norman had made the contracts, answered the questions and paid the premiums."
"My private counsel, Jack Wilkins, made no effort to provide a defense of innocence. He constantly assured me that lack of evidence and Heidle's lies could not convict me. During the course of the trial I learned that Wilkins was tampering with my cash moneys and properties, a conflict I tried to bring to the court's attention. Judge Watson ruled I could not discharge Wilkins. (Please note that perjury was allowed at trial by the prosecution.)"
"I was found guilty. A few days later a juror, Joyce Kelly, approached the state, uncomfortable with the verdict since newspaper coverage was used during deliberations. I filed a motion for a new trial through Jack Wilkin's office."
"I also filed a pro se motion to discharge my counsel, again due to his illegal activities. Judge Watson denied my oral motion for a continuance so I could produce witnesses and evidence, then denied my pro se motion saying it was not signed by counsel and that substituting new counsel would force a delay and impede justice."
"Fifteen months later (after jurors were questioned) the motion for a new trial was denied and I was sentenced to death by Judge Watson."
"My counsel, Jack Wilkins, PLEADED GUILTY and was sentenced to 54months in federal prison for criminal activities dating back to 1989 through1994. "
"Public defender Chris Quarles filed the direct appeal which was denied. Jack Wilkins, my poorly paid, overworked public defender, made no motions during trial that could be raised on appeal."
"I have no attorney of record, but a lawyer who gave me a verbal commitment is currently studying my case. A neighborhood eyewitness has come forward to give a deposition confirming the description of the assailant and car that I gave police on 3/8/91. A satellite photo of area banks also confirms the details of the automobile leaving the dentist's office. There is no hired gunman, no gun, and no motive. Without legal counsel, I have no voice to prove that I am innocent. The time limit to produce new evidence is tight. Time cannot alter the fact that I had nothing to do with my husband's death. I lost him and my children, and will now lose my own life for an act for which I am not guilty."
"I was not a saint. We were wealthy, worked hard and played harder. I had three affairs, all with my husband's knowledge. The trial sensationalized the affairs and money with headlines of sex and greed, not truth and facts. I was easily convicted on reputation."
"Attempts have been made," says Jan Thomas, Virginia's Campaign Coordinator for the Bannister Foundation, "thus far to no avail, by Gary McDaniels,a private investigator in the Palm Beach County area of Florida, to have Capital Collateral Representatives (CCR) act upon evidence for Virginia's innocence."
CCR is an office put in place to help defend Florida's impoverished death row inmates. While communicating to Virginia that they have no funds to help her, CCR has heard the evidence for innocence and has stated Virginia has compelling evidence to warrant a new trial or a reversal of conviction. Yet CCR does not have the staff or the funds to help her at this time.
Following is an excerpt from a letter Gary McDaniels wrote to a CCR Representative, John W. Moser, Esq. at 405 North Reo Street, Suite 150,Tampa, Fl. 33609. It is dated December 26, 1997:
"Since the acquittal of Jason Larzelere, I gathered additional evidence to affirm the innocence of Virginia Larzelere. I have stopped just short of a confession, knowing that it is not my obligation to solve a crime but as an investigator, to gather related facts to prove the innocence of the accused and/or convicted. In essence, this case is a request for a special investigator through the Governor's office to investigate the misconduct of the prosecution and the leads developed as to the identity of the burglar and assassin of Norman Larzelere. I can assure you this is not an illusion. As you review my files, you will see the facts discovered in the course of my private investigation, predicated on police investigation. As a private investigator, I went a step further and exercised some objectivity, developing a blueprint of the events to cooperate with subsequent investigations into the death of Norman Larzelere. My attempts to cooperate with CCR in earlier years was unsuccessful. I knew then that the evidence would diminish and it appears it has. THEREFORE SOME ATTENTION NEEDS TO BE GIVEN TO THIS CASE!!"
Virginia's supporters state that CCR has had evidence of her innocence for over three years now and decry CCR's alleged lack of funding which they claim impedes their offering assistance to Virginia in the court system. As the following quote from a newspaper states, CCR is now broken up.
"After 20 years of relative success in defending Florida's impoverished death row inmates, the office of Capital Collateral Representatives is being split up and turned over to a group of attorneys with little experience in handling capital appeals. Almost more disturbing is the fact that then-Governor Chiles turned down job applicants who had proven themselves to be excellent appellate attorneys."
The new attorney assigned to Virginia has only done civil cases. Due to such a large turnover in attorneys at CCR, no one at this time is satisfactorily proficient regarding her case. There has even been an admission that Virginia's files have not been thoroughly read. The only lawyer allegedly knowledgeable about Virginia's case is no longer involved. At least fifteen attorneys are standard in this office, but now only eight remain.
Virginia Larzelere is sadly a another victim of injustice in our flawed criminal justice system. As many her in her situation do, more than anything, Virginia needs a concerned, competent voice to argue her case. She has scores of documents to prove her innocence, But No One to read them -- NO ONE to be her voice in the court system. Now that a new lawyer is studying her case, she hopes she will not be disappointed again.