An Orlando-area state attorney has decided that the results of recent DNA testing are not strong enough to release Tommy Zeigler from death row after 49 years.In a court filing issued late Monday, Monique Worrell’s office said there was not enough evidence to prove conclusively that Zeigler had not murdered his wife, in-laws and another man at his family’s furniture store in Winter Garden on Christmas Eve 1975. “As Zeigler correctly points out, his family members’ DNA is largely absent from the bloodstains on his clothes,” said Worrell, who is state attorney for Orange and Osceola counties. But that conclusion, she wrote, is no different than one reached in 2001 with a smaller sample.“In Zeigler’s case, the absence of evidence cannot be said to be evidence of absence.”Since Worrell’s office is opposing Zeigler’s request, Circuit Judge Leticia Marques must decide whether to hold a hearing on the significance of the DNA evidence. Zeigler’s lawyers had submitted the results of a nearly two-year DNA analysis in January, arguing that he could not have committed the murders because he didn’t have any of his family members’ blood on his clothes. The results bolstered Zeigler’s story of walking in on a burglary and provided enough reasonable doubt to overturn his convictions, his lawyers wrote in their request to vacate his death sentence.Worrell’s office pointed out that one of Zeigler’s employees said his raincoat was missing. Zeigler could have donned the coat when he committed the murders and tossed it out when he was done, the filing said. Florida’s attorney general raised this same argument in Zeigler’s case a decade ago. This might explain why there was blood on his shoes, said the 67-page filing, submitted by Assistant State Attorney Jacqueline Nicole Brown. Zeigler’s lawyers have said that blood may have come from when Zeigler walked to the front of the store to call police. “The state’s theory of the case has always been that this was a well-planned premeditated murder,” the filing said.Prosecutors had originally told the jury that Zeigler killed his wife, Eunice, and his in-laws, Perry and Virginia Edwards, then tried to frame three other men for the murders, killing one of them. “I’m disappointed,” said Terry Hadley, Zeigler’s original trial lawyer. Hadley still represents him though he left criminal law after he lost Zeigler’s case in 1976. “But it’s not entirely surprising, given the environment around this state right now.”Zeigler tried for decades to get the evidence in his case analyzed for DNA, but prosecutors and judges refused six times, even though his lawyers agreed to pay the costs.When Worrell, a former assistant public defender and clinical law professor at the University of Florida, took office as the Ninth Judicial Circuit Court state attorney in 2021, she agreed to release the evidence to Zeigler’s lawyers for testing. She had examined Zeigler’s case as founder of the office’s conviction integrity unit and concluded that the state had a moral obligation to ensure it had the right person.In 2023, Gov. Ron DeSantis removed Worrell from office, claiming she was not fully prosecuting defendants for gun and drug crimes. She ran and won again.Worrell also has faced pressure from Florida Attorney General James Uthmeier, whose assistant attorneys have fought all of Zeigler’s testing efforts. Uthmeier’s office appealed Worrell’s decision to allow the testing to the Florida Supreme Court, which refused to intervene.A California lab spent the better part of almost two years testing Zeigler’s evidence. They tested Zeigler’s corduroy shirt in 18 locations, as well as his glasses and pants, and turned up no blood from his murdered wife or in-laws. His shoes had specks of blood from his father-in-law. Charlie Mays, the fourth person killed at the store that night, had blood from Zeigler’s father-in-law all over his pants and shoes, the DNA tests shows. His pockets also were stuffed with cash from the store’s register. The victims had each been shot in the head with large-caliber bullets and there were no exit wounds, which meant the killer would have been splattered with their blood. Adding to the defense theory that Mays was a perpetrator — and not a victim — his blood and touch DNA were found in trace amounts on the cuffs of Eunice Zeigler’s herringbone jacket and at the opening of one pocket. Worrell’s filing said that the amounts of Mays’ DNA on Eunice’s coat were too small to be meaningful. Zeigler’s lawyers said the testing vindicates him. “Whoever killed these people was covered in their blood, covered,” said David Michaeli, Zeigler’s New York attorney, as he looked over Worrell’s response late Monday. “And Tommy Zeigler wasn’t, so how did he do it?”