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Seminole Judge John Galluzzo Dismisses Compensation Claim
Of Man Wrongly Incarcerated On Death Row


Updated
May 10, 2019
"All the rights secured to the citizens under the Constitution are worth nothing, and a mere bubble, except guaranteed to them by an independent and virtuous Judiciary." ~ Andrew Jackson
As detailed within a recent WESH-2 article, Seminole Judge John Galluzzo denied financial compensation to a former Florida death row inmate. Clemente Aguirre spent fourteen (14) years incarcerated, twelve (12) of those years under the pending sentence of death.

In 2006, Aguirre was convicted of murdering two Altamonte Springs women in 2004 (see below obituary). However, in 2016, the Florida Supreme Court overturned the conviction, and ordered a new trial.

As reported in a November 5, 2018 CBS News article, Aguirre's defense team was successful in their 2016 appeal to the Florida Supreme Court, based largely on the fact that Samantha Williams, the grand-daughter and daughter of the two murdered women (see below obituary), had reportedly on several occasions, confessed to the crimes. Evidence supports that police investigators were well aware of these confessions.

The CBS article provides further details - that even after the Florida Supreme Court threw out Aguirre's 2006 conviction, that State Attorney Phil Archer of Florida's 18th Judicial Circuit (Brevard / Seminole counties) filed to re-prosecute Aguirre for the 2004 murders.


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Judge John Galluzzo's Decision

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ONLY after two more additional years (2016-2018), and Aquirre's defense team producing additional evidence, that called into question the alibi of Williams, did State Attorney Phil Archer decide to cease his re-prosecution of Aquirre.

Adding Insult To Injury


As filed within Aguirre's initial brief, and then his supplemental brief, Aguirre's defense team requested that the State of Florida financially compensate Aguirre the sum of $700,000. State law allows (F.S. 961) inmates that can prove that they were wrongfully incarcerated to be compensated at the rate of $50,000 yearly.

The State of Florida argued, and Judge Galluzzo agreed, that because Aguirre failed to file his request for compensation within a ninety (90) days time frame proceeding the Florida Supreme Court overturning his murder convictions, that he was now not entitled to any compensation. In short Judge Galluzzo found that Aguirre had an affirmative obligation to file for his financial compensation - WHILE the local State Attorney was actively pursuing the murder charges against him.

Aguirre now faces deportation back to Honduras.
According to the CBS article as of November 2018, local law enforcement authorities have not made any additional arrests regarding the murders of Cheryl Williams and Carol Bareis. This publication sent an May 5, 2019 email inquiry to State Attorney Phil Archer asking whether he anticipated any additional arrests regarding these murders - as of the publication of this article, we have not received an answer to our email inquiry.

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