& SC14-1332 Clemente Javier Aguirre-Jarquin v. State of Florida & Clemente Javier Aguirre-Jarquin v. Julie L. Jones, etc.

202 So. 3d 785
CourtSupreme Court of Florida
DecidedOctober 27, 2016
DocketSC13-2092, SC14-1332
StatusPublished
Cited by1 cases

This text of 202 So. 3d 785 (& SC14-1332 Clemente Javier Aguirre-Jarquin v. State of Florida & Clemente Javier Aguirre-Jarquin v. Julie L. Jones, etc.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
& SC14-1332 Clemente Javier Aguirre-Jarquin v. State of Florida & Clemente Javier Aguirre-Jarquin v. Julie L. Jones, etc., 202 So. 3d 785 (Fla. 2016).

Opinion

PER CURIAM.

Clemente Javier Aguirre-Jarquin (“Aguirre”) appeals the denial of his motions to vacate his conviction of first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.851, and he also petitions this Court for a writ of habeas corpus. 1

I. BACKGROUND

In 2006, Aguirre was convicted and sentenced to death for the 2004 murders of Cheryl Williams and Carol Bareis, who were stabbed to death in their home. Aguirre-Jarquin v. State, 9 So.3d 593 (Fla.2009). In its opinion in Aguirre’s direct appeal, this Court explained the evidence presented at trial as follows:

Aguirre was born in Honduras in 1980 and came to the United States in March of 2003,...
At the time of the murders, Aguirre [lived at 117 Vagabond Way in a trailer park in Seminole County and] worked at a restaurant as a dishwasher and a prep cook. One of his duties was washing the knives....
The victims, Cheryl Williams and Carol Bareis, lived next door to Aguirre. Carol was Cheryl’s mother. Cheryl’s daughter, Samantha Williams, lived with her mother and grandmother. Carol was a stroke victim, partially paralyzed, and spent most of her time in a wheelchair.
Aguirre was an acquaintance of his neighbors and occasionally visited with them socially. Samantha testified that several months before the murders she awoke at 2 a.m., and Aguirre was standing over her bed. She screamed at him and forcefully told him to leave. Samantha escorted Aguirre out the front door and locked the door behind him. The next day she reiterated that he was not to enter their residence at night without permission.
On the night of June 16, 2004, Mark Van Sandt, who was in a relationship with Samantha, went to 121 Vagabond Way to visit Samantha. He arrived at the residence around 7:30 p.m. and stayed until approximately 11:30 p.m. Samantha decided to leave with Mark and stay at his parents’ house that night. When Samantha and Mark left the residence at 121 Vagabond Way, both Cheryl and Carol were inside and alive.
Samantha was scheduled to work the next day, so Mark agreed to go back to her house and pick up her work clothes. Mark left his house around 8:45 a.m. on *787 June 17, 2004, and drove to 121 Vagabond Way. When Mark arrived at 121 Vagabond Way, he went to the front door, which was almost always left unlocked, and attempted to open the door. However, he was unable to fully open the door because Cheryl Williams’ body was blocking the entryway. Mark squeezed his way through the door and called 911.
Deputy Pensa of the Seminole County Sheriffs Department was the first law enforcement officer to arrive. Deputy Pensa forcibly entered through the back door. Subsequently, two other officers, Bates and Miller, arrived at the scene. Pensa and Bates noticed blood on the floor. The officers located Cheryl’s body, which blocked the front door. Thereafter, deputy Pensa found Carol lying dead on the floor in the living room. She was lying face down in a pool of blood next to her wheelchair.
One of the crime scene analysts found a ten-inch chefs knife while searching the property. The knife was found between Aguirre’s residence and the victims’ residence. The knife was the same make and model used at Aguirre’s place of employment. After speaking with the head chef at the restaurant where Aguirre worked, law enforcement officers determined that a ten-inch chefs knife was missing from the restaurant.[PN]
[FN.] Aguirre’s roommates also stated that the knife was similar to one that had been at their residence, which was also missing. Samantha Williams testified that her family did not own a knife of that type.
At approximately 11 a.m. on June 17, deputies knocked on the door of 117 Vagabond Way and asked Aguirre and his two roommates if they knew anything about what happened next door. Aguirre told the officers he did not know there was a- problem next door. Later that same day, Aguirre approached law enforcement officers and told them that he had information about what occurred next door. He told the officers that he went into the home and saw that Cheryl was dead. However, at this point, Aguirre told them that he only knew of Cheryl’s death. After Aguirre’s conversations with police, he was arrested for tampering with evidence from a crime scene. Subsequently, Aguirre was indicted for murder.
During the course of the trial, various law enforcement' personnel, physicians, and experts testified to the evidence at the crime scene and the victims’ wounds. Cheryl had been stabbed 129 times. She had severe wounds to her lungs and leg, one of which severed her femoral artery. She also had numerous defensive wounds on her hands and feet that indicated an extremely violent struggle for her life. She was stabbed in the arms, legs, back, hands, feet, and chest. One stab wound to her left lung was considered fatal. There was an extensive amount of evidence in the area of the house where Cheryl was found, including a great deal of blood on the floor, walls, and door in the area of Cheryl’s body.
Carol suffered two stab wounds. The fatal stab wound went directly into her chest and severed her left ventricle, and the other stab wound was to her back..,.
All of the stab wounds sustained by Cheryl and Carol were consistent with being caused by the chefs knife found between the victims’ residence and Aguirre’s residence. The knife contained Cheryl’s blood on the handle and Carol’s blood on the blade, indicating that Cheryl was killed first.
*788 A crime scene analyst testified that there were 67 bloody shoe impressions found inside the victims’ residence. Of the 64 impressions that were comparable, all 64 were consistent with the footwear of Aguirre. The soles of his shoes contained Cheryl’s blood. Law enforcement officers obtained a search warrant for the propex-ty at 117 Vagabond Street and retrieved the bag of clothes. Aguirre’s underwear, socks, T-shirt, and shorts contained Cheryl’s blood. Further, Aguirre’s T-shirt, shorts, and underwear contained Carol’s blood and DNA.
A Florida Department of Law Enforcement (FDLE) bloodstain pattern analyst also examined Aguirre’s clothing. Aguirre’s shorts had contact stains on both the front and back. The back of his shorts also had bloodstains that were not contact stains but arrived on his shorts through some type of motion, either impact spatter or cast off. His socks had contact stains as well as spots that were “consistent with dropped blood.”
According to Aguirre’s testimony during the guilt phase, he had the day before the murders off from work so he began drinking early. He and his friends continued to drink throughout the day and night. Aguirre returned back to 117 Vagabond Way at approximately 5 a.m. on the morning of the murders.
Aguirre stated that he watched television and then got up to look for beer. There was no beer in his trailer so he walked next door.

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