07 November 2018 :

Clemente Aguirre Exonerated From Florida's Death Row After DNA Implicates Prosecution Witness. Circuit Judge John D. Galluzzo has dismissed all charges and exonerated Clemente Aguirre-Jarquin (also identified as Clemente Javier Aguirre) after prosecutors announced today, in the middle of jury selection, that they will not proceed with his retrial. Clemente spent nearly 15 years behind bars - including 10 on Florida's death row. With newly discovered confessions and DNA evidence pointing to the prosecution’s chief witness as the actual killer, prosecutors dropped all charges against Clemente Javier Aguirre in a Seminole County courtroom on November 5, 2018. The dismissal of the charges made Aguirre the 164th wrongfully convicted death-row prisoner to be exonerated in the United States since 1973 and the 28th in Florida. The announcement that prosecutors were dropping all charges against Aguirre came after jury selection for his retrial had already begun. The Florida Supreme Court unanimously overturned his conviction on October 27, 2016 (see). “Mr. Aguirre was nearly executed for a crime he didn’t commit,” said Joshua Dubin, one of Aguirre's attorneys. “While we are overjoyed that his ordeal is finally over, the case of Clemente Aguirre should serve as a chilling cautionary tale about how dangerous it is when there is a rush to judgment in a capital case.” The Innocence Project, which works to exonerate wrongly convicted people, took on Aguirre's case in 2011. Aguirre was convicted and sentenced to death on March 10, 2006 (see) for the murder of two neighbors: Carol Bareis, 68, and her adult daughter, Cheryl A. Williams, 47. He steadfastly maintained his innocence, saying he had discovered the women only after they had been killed. He did not report the murders to authorities, he said, because he was an undocumented immigrant and feared deportation. Evidence has increasingly pointed to the victims' daughter and granddaughter, Samantha Williams, as the likely perpetrator, and an affidavit filed last week undermined Williams's alibi. DNA testing had revealed Williams's blood in several locations at the crime scene but had found none of Aguirre’s blood. Williams also has reportedly confessed to the crime on at least five occasions. A sworn affidavit from the wife of Mark Van Sandt, Williams’s boyfriend at the time of the crime and her key alibi witness, says that Van Sandt told his wife he saw Williams crawling out of his bedroom window on the night of the murders. Prosecutors said that they dropped charges “based upon new evidence that materially affects the credibility of a critical State witness.” Aguirre is an undocumented immigrant from Honduras, and his attorneys say they plan to file an asylum application on his behalf. Joshua Dubin, one of Aguirre's lead trial attorneys, said in a statement: “If there were ever a person that deserved a chance to become a United States citizen, it is Clemente Aguirre. He has been fully exonerated, so we are going to be asking the immigration judge to set a bond and allow Clemente to be released while his application for asylum proceeds.” Aguirre is the third foreign national to be exonerated in the last year. Gabriel Solache was exonerated in Illinois on December 21, 2017 and Vicente Benavides was released on April 19, 2018 after nearly 26 years on California's death row. Both Solache and Benavides are Mexican nationals. While there has been one exoneration for about every nine executions in the U.S. overall, there has been one exoneration of a foreign national for every 6.17 executions of a foreign national, suggesting that foreign nationals may be more likely to face wrongful convictions and death sentences than U.S. citizens. Aguirre was sentenced to death by the trial judge despite non-unanimous 7-5 and 9-3 jury votes for death in the two murders. 20 of the 22 Florida exonerations for which researchers have been able to determine the jury vote have involved judges imposing the death penalty despite a jury recommendation for life or after a non-unanimous jury recommendation for death. Florida now requires a unanimous jury recommendation before a judge can impose a death sentence. Florida has had more death-row exonerations than any other state. Williams has not been charged in the deaths of her mother and grandmother. A spokesperson for the state attorney's office said prosecutors "will be meeting with the Seminole County Sheriff's Office over the coming weeks to review the evidence and determine if there are any investigative avenues that can be pursued, or any further action to be taken in this case." Aguirre's exoneration hearing Monday in Seminole County was attended by more than a dozen lawyers who worked on his case over the last decade, along with his 2 sisters and friends. After the hearing Aguirre thanked his legal team. "I have only forgiveness in my heart for those who did wrong to me," Aguirre said. "Mr. Aguirre was nearly executed for a crime he didn't commit," said Joshua Dubin, one of Aguirre's lead trial attorneys. This is the 28th death row exoneration in Florida since executions resumed in the 1970's. One wonders how many more innocent people remain on Florida's death row and how many other innocent men and women have already been executed. We will never know for sure. By state statute, the evidence is destroyed after an execution.