Skip to main content

Exit WCAG Theme

Switch to Non-ADA Website

Accessibility Options

Select Text Sizes

Select Text Color

Website Accessibility Information Close Options
Close Menu

Florida Judge Points Out How Repeated Prosecution of Innocent Man Shows That System Is Flawed


No state in the U.S. has had more death-penalty convictions overturned than Florida; most of them involving convictions where defendants arguably did not have the financial resources to properly defend themselves.

One particular death penalty case here in Florida has drawn significant coverage this month (October) because of the arguably abhorrent levels of injustice that are involved. The case involves the prosecution of one undocumented immigrant—Clemente Aguirre-Jarquin—for two homicides that someone else has already confessed to.  This week (October 16), prosecutors are attempting to convict and execute someone for the crimes, for a second time, even with an iron-clad confession from someone else.

Judge Who Previously Convicted Defendant Believes He Is Innocent

Now, the judge who originally convicted Aguirre-Jarquin—before there was a confession—has now come forward to point out the fatal flaws in the prosecution of this defendant here in Florida. Specifically, retired Circuit Court Judge O.H. Eaten Jr. has pointed out that not only is there not enough evidence for an execution, but there isn’t even enough for a conviction. Eaten has described this case as the “poster child” for why the death penalty is so significantly flawed.

Florida Supreme Court Takes Issue with Prosecutor’s Logic

The state’s position is that the individual who has confessed to the murders is unreliable due to mental health issues. However, this same individual was instrumental as the state’s witness in obtaining the first conviction against Aguirre-Jarquin in 2016. Therefore, the state’s position is that her confessions shouldn’t be believed, even though her testimony previously put him on death row.

The Florida Supreme Court also agreed that this logic was flawed. The court overturned Aguirre-Jarquin’s 2016 conviction, indicating that there was clearly reasonable doubt as to his guilt, and instead noted that he was arguably being treated more like a “scapegoat” for the crimes committed by someone else.

Still, Prosecutors Move On With Bogus Case

Still, the investigation into these murders has remained focused on Aguirre-Jarquin since day one, and prosecutors are moving forward in the case against him, arguably because their suspect of choice is an easy, unsympathetic target for many; in spite of a federal judge and state supreme court pointing out the many flaws with this theory.

Do Not Trust In the Justice of the System—Contact Our Florida Criminal Defense Attorneys

When it comes to being prosecuted for homicide, you cannot always trust in what the evidence indicates and in the assumption that the state prosecutors will do the right thing if their primary suspect isn’t actually the one who committed the crimes. If you have been accused of a serious crime here in Florida, contact our Orlando criminal defense attorneys at the Baez Law Firm today for the very best in skilled courtroom defense.


By submitting this form I acknowledge that form submissions via this website do not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege.

DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Skip footer and go back to main navigation