Thursday, November 02, 2000 

By MOLLY JUSTICE (molly.justice@news-jrnl.com) 
Staff Writer

DAYTONA BEACH -- Eight years ago, Jason Larzelere was acquitted of the 1991 murder of his stepfather. Now Larzelere is committed to helping his mother, Virginia, get off Florida's Death Row. 

The 27-year-old was in court Wednesday to hear attorneys argue part of his mother's appeal before Circuit Judge John W. Watson. Virginia Larzelere was sentenced to death in 1993 after a jury found her guilty of having her husband killed in his Edgewater dentist office so she could collect $2.1 million in life insurance. Jason Larzelere was tried and acquitted in 1992 of being the triggerman. 

Virginia Larzelere's direct appeal was rejected by the Florida Supreme Court in 1996. She now is arguing another round of appeals before Watson in circuit court. Wednesday, her defense attorney asked the court for a hearing to present evidence he believes would have changed her trial and sentence. Watson made no rulings Wednesday and will issue a written order at a later date. 

Assistant Capital Collateral Regional Counsel Harry Brody said the defense has newly found evidence from a new witness who says he was riding down the street on his bicycle and saw the shooter and the vehicle involved in the killing. His description corroborates Larzelere's description of the shooter and car, Brody said. 

Much of Wednesday's arguments surrounded two of the state's key witnesses, Steve Heidle and Kristen Palmieri, and their credibility. Both were granted immunity in exchange for their testimony. Heidle died late last year. 

Brody said the testimony of both Heidle and Palmieri changed as the case progressed and that they offered different testimony at each of the Larzeleres' trials. 

"Details changed greatly," he said. 

Orlando Assistant State Attorney Chris Lerner countered Brody's argument and said the jury was told to believe their statements only when they could be corroborated by other evidence. 

Brody also argued that Larzelere had ineffective assistance from her trial attorney, Jack Wilkins. Among other things, Brody said Wilkins failed to present mitigating circumstances that would have shown a history of sexual abuse and drug abuse. 

Lerner said some of the ineffective assistance of counsel claims should not be entertained by the court because they've already been argued on appeal. He also said Larzelere waived her right to present mitigating circumstances to the jury. 

Outside court Wednesday, Jason Larzelere said an evidentiary hearing would be the first time he's been able to offer testimony in court to help his mother. 

"I've never once taken the stand," he said of both cases. 

Larzelere, who now is in the Navy, said he has faith in his mother's current appeal and that it's time for people to start owning up to the facts of the case. 

"I really hope that this is the beginning to the end," he said.