Broward prosecutor Peter Magrino had a solid murder case against Anthony Zecchino, but went too far questioning witnesses, an appeals court said on Wednesday in granting Zecchino a new trial.
Zecchino, 60, faced life in prison for the 1992 slaying of Dania tile setter Pietro “Pete” Simone, roommate of Zecchino’s ex-girlfriend, Julie Jeffcoat.
Now sick with cancer, Zecchino is serving a seven-year federal sentence for racketeering in connection with New Jersey public works contracts.
“I look forward to being able to try the case again,” said John Howes, Zecchino’s Fort Lauderdale defense attorney.
Whether the state will seek a retrial remains to be seen. Magrino could not be reached for comment.
Since no one witnessed the attack on Simone, the case against Zecchino was circumstantial.
He was tied to the fatal shooting through telephone and hotel records, and by a type of bullet found both in Simone’s head and in Zecchino’s New Jersey home.
Also, witnesses placed Zecchino’s car outside Simone’s townhouse at the time of the murder.
A Fort Lauderdale jury deliberated 2 1/2 hours before finding Zecchino guilty of first-degree murder on Aug. 16, 1995.
“Properly admitted evidence provided both motive and opportunity for the shooting at [Zecchino’s) hand,” the Fourth District Court of Appeal wrote. But the court sent the case back to Broward Circuit Judge Susan Lebow for a new trial “solely because of prosecutorial error which was harmful in nature.”
The error came in Magrino’s questioning of two witnesses: ex-girlfriend Jeffcoat and a detective. Magrino led them to state their belief that Zecchino killed Simone.
“Since [Zecchino) had threatened me, that was the only possible thing that could have happened,” the court quoted Jeffcoat as saying.
A witness may not “offer her opinion about the guilt of the defendant,” the ruling says.
