News 10.17.18

Judge Who Once Sentenced Clemente Aguirre-Jarquin to Death Speaks Out Against His Retrial

By Innocence Staff

Clemente Aguirre

On Monday morning, jury selection began in the double murder retrial of Clemente Aguirre-Jarquin, who was sentenced to death in 2006 for the murder of his two neighbors. After he was sent to death row, Aguirre-Jarquin’s new lawyers, with assistance from the Innocence Project, secured DNA evidence revealing that the daughter of one of the victims committed the crime. Her blood was found in multiple locations at the crime scene, and she explicitly confessed to the crime to independent witnesses on several occasions.

Send Clemente a message of support to let him know he deserves justice

In the wake of the retrial, retired Seminole County Judge O.H. Eaton—the judge who originally sentenced Aguirre-Jarquin to death—has since come forward and voiced his opposition to the retrial, citing the new evidence that has surfaced since the original conviction.

“The evidence I heard during the trial [in 2006] substantiated the verdict,” Eaton told Orlando Sentinel columnist Scott Maxwell. “The evidence I’ve heard now does not.”

Added Eaton: “If I knew then what I know now, I probably would have ordered the jury’s verdict overturned.”

Eaton said he “struggles to understand why the state is going after this case again.” He doesn’t believe there is sufficient evidence to obtain a conviction—and especially one that would result in a death sentence.

Eaton went so far as to describe Aguirre-Jarquin’s case as the “poster child for why the death penalty is flawed,” said Maxwell.

When State Attorney Phil Archer was asked about why he was proceeding with the retrial, he said he has “sufficient evidence” to do so, noting one victim’s blood being on Aguirre-Jarquin’s clothing (which Aguirre-Jarquin explained came from rolling her over to check for a pulse) and Aguirre-Jarquin, who feared deportation, initially failing to tell police that he found the bodies on the night of the murders.

In response to the multiple confessions to the murders made by the daughter of one of the victims, Archer said they lack credibility due to her “significant mental health issues.”

Maxwell points out the inconsistency in Archer’s statement: “Her confessions shouldn’t be believed now…even though her testimony helped put him on death row before. That seems like flawed logic to me.”

Even the Florida Supreme Court recognized this inconsistency. After reviewing the new evidence in the case, the Florida Supreme Court overturned Aguirre-Jarquin’s conviction in 2016, saying new evidence raised substantial doubts about Aguirre-Jarquin’s role in the crimes and would likely lead a jury to acquit him.

But, despite this ruling by the Supreme Court, Eaton’s opposition and the new evidence that overwhelmingly shows that Aguirre-Jarquin did not commit the crime, the state is trying to, once again, convince a jury that Aguirre-Jarquin committed the murders and that he deserves to be put to death.

Send Aguirre-Jarquin a message of support to let him know he deserves justice.

Leave a reply

Thank you for visiting us. You can learn more about how we consider cases here. Please avoid sharing any personal information in the comments below and join us in making this a hate-speech free and safe space for everyone.

  1. Joana Isabel Coll says:

    Free at last…..Por fin libre….Aunque tarde….se ha hecho justicia….Tienes una vida por delante para disfrutar de tu libertad y familia…

  2. Nikki Beery says:

    Stay focused on yourself and the truth as you know it. You are not alone. My husband serving LWOP for murder he did not commit. The person who did the crime has confessed to at least 100 people. He started his 24th year in prison, Oct 29, 2018. Keep having hope and continue to pray. Today we have people like the innocence project to help set the innocent free. In Gods name I prey for you.

Thanks for your comment

Featured news

Press "Enter" or click on the arrow to show results.

Search