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Death row inmate appears in Seminole Court

Clemente Javier Aguirre-Jarquin to get new trial

A man currently on Florida's death row appeared Wednesday in a Seminole County courtroom.

Clemente Javier Aguirre-Jarquin appeared for a hearing just months after the Florida Supreme Court granted him a new trial.

Aguirre was sentenced to death in 2006 for the 2004 double murders of Cheryl Williams and her mother, Carol Bareis. 

Aguirre's attorney said Tuesday that new evidence in the case points to Williams' daughter Samantha, as the real killer.

"Our focus with Mr. Aguirre will continue to be that he is innocent of these crimes," attorney Marie-Louise Parmer said.

Aguirre has been on death row for almost 11 years. Florida's highest court granted him a new trial in October, citing new evidence.

"(It was) unanimously decided that based on the newly discovered evidence of the DNA of the bloodstains at the crime scene and seven statements by Samantha Williams, admitting that she killed her mother and grandmother," Parmer said. 

Parmer said DNA tests after Aguirre's conviction failed to place him at the scene and instead the DNA matched Samantha Williams.

The state argues Aguirre's clothing was covered in the victims' blood and found a knife nearby.

After the Supreme Court ruled Florida's death penalty laws unconstitutional, Aguirre's attorney said it is unclear if death will be on the table in the upcoming trial.

"Whether or not they could even apply a new death penalty statute to Aguirre is certainly questioned. It may be that they can, but we don't know. So there's a lot of questions," Parmer said.

Aguirre is scheduled to be back in court on March 22.

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