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Guillermo Octavio Arbelaez - Florida Death Row
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Thread: Guillermo Octavio Arbelaez - Florida Death Row

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    Guillermo Octavio Arbelaez - Florida Death Row




    Summary of Offense:

    Guillermo Arbelaez was convicted and sentenced to death for the kidnapping and murder of five-year-old Julio Rivas on February 14, 1988. Arbelaez met Graciela Alfara, the victim’s mother, at a cafeteria where she worked as a waitress. After some time, Arbelaez moved in with Alfara, paying $150 a month for a room that he was to share with Alfara’s 19-year-old cousin. Arbelaez and Alfara became intimate soon after he moved in, but the relationship abruptly ended when Alfara accused him of touching one of her daughters inappropriately. Alfara ordered the defendant to move out by February 15, 1988. According to Arbelaez, he and Alfara were still in a relationship at that time, and were supposed to be married on February 15, 1988. On February 13, 1988, however, Alfara came home late with another man, and Arbelaez witnessed her kiss that man goodnight.

    The next morning, while Alfara slept, Arbelaez took her son, Julio Rivas, from the home. Arbelaez stopped for a coffee at Alfara’s place of employment, and witnesses reported that he seemed calm and normal. There, Arbelaez spoke with an acquaintance telling him of Alfara’s infidelity and that he was going to do something so that she would never forget him. After leaving the cafeteria, Arbelaez drove to the top of the Powell Bridge where he pulled over and raised the hood of his car to make it look like he had broken down. Next, Arbelaez took the boy by the arms and threw him over the side of the 70-foot-high bridge.

    The defendant quickly left the scene, abandoned his car in a neighboring area, and fled to the home of his friend Pedro Salazar. Arbelaez confessed to Salazar, stating that he wanted revenge against Alfara. Arbelaez flew to Puerto Rico, and again to his home in Colombia, where Miami detectives tracked him down on March 16, 1988. On April 11, 1988, he was arrested at Miami International Airport as soon as he cleared customs. During his trial, a medical examiner testified that Julio Rivas died from strangulation as well as drowning. The boy’s head had many abrasions and his body showed many large bruises. The medical examiner determined that these wounds were inflicted before he died. Alfara testified that her son did not have the bruises and abrasions on the morning he was kidnapped.

    Arbelaez was sentenced to death in Miami-Dade County on March 14, 1991.

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    Factors Contributing to the Delay in the Imposition of the Sentence:

    In 2000, the Florida Supreme Court remanded Arbelaezís 3.850 Appeal to the Circuit Court for an evidentiary hearing on his claim of ineffective counsel. On 09/18/02, the Circuit Court denied Arbelaezís 3.850 Motion. In 2006, the Florida Supreme Court again remanded Arbelaezís 3.850 Appeal to the Circuit Court for an evidentiary hearing on the mental retardation issue. It was not until 05/07/10 that the Circuit Court denied the motion.

    Case Information:

    On 04/03/91, Guillermo Arbelaez filed a direct appeal with the Florida Supreme Court. Among the issues raised in that appeal were: the denial of his Motion to Suppress the statements that he made in Colombia and Miami, the denial of his Motion for a Mistrial due to an emotional outburst by the victimís mother, the application of a couple of statutory aggravating factors and the failure to apply his mental disturbance as a mitigating factor. The Florida Supreme Court affirmed the convictions and sentence of death on 09/23/93. The mandate was issued on 12/17/93.

    On 01/11/94, Arbelaez filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 05/23/94.

    On 08/15/95, Arbelaez filed a 3.850 Motion in the Circuit Court, which was denied on 10/18/96.

    On 11/20/96, Arbelaez filed a 3.850 Motion Appeal in the Florida Supreme Court. On 07/13/00, the case was remanded to the trial court for an evidentiary hearing regarding the defendantís claim of ineffective counsel during the penalty phase.

    On 01/07/02, an evidentiary hearing was held. On 09/18/02, the Circuit Court denied Arbelaezís 3.850 Motion.

    On 10/21/02, Arbelaez filed a 3.850 Motion Appeal in the Florida Supreme Court. On 01/27/05, the FSC affirmed the denial of the motion.

    On 09/26/03, Arbelaez filed a Petition for Writ of Habeas Corpus, which was denied on 01/27/05.

    On 11/30/04, Arbelaez filed a 3.851 Motion in the Circuit Court, which was denied on 08/05/05.

    On 09/07/05, Arbelaez filed a 3.851 Motion Appeal with the Florida Supreme Court. On 11/14/06, the FSC reversed and remanded the case for an Evidentiary Hearing on the mental retardation issue. On 11/29/06, a motion for a rehearing was filed with the FSC, which was denied on 01/29/07.

    On 07/16/09, an evidentiary hearing was held. On 05/07/10, the Circuit Court denied Arbelaezís 3.850 Motion.

    On 06/07/10, Arbelaez filed a 3.850 Motion Appeal in the Florida Supreme Court, which is pending.

    On 11/23/10, Arbelaez filed a 3.851 Motion in the Circuit Court. That motion is pending.

  3. #3
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    On September 11, 2012, Arbelaez filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/flo...v23299/406831/

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    On August 20, 2014, Arbelaez's habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...3304/406837/26

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    On October 14, 2014, Arbelaez filed an appeal before the US Court of Appeals for the Eleventh Circuit.

    http://dockets.justia.com/docket/cir.../ca11/14-14647

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    On October 19, 2015, oral argument will be heard in Arbelaez's appeal before the Eleventh Circuit.

    http://www.ca11.uscourts.gov/sites/d...Z%20public.pdf

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    Guillermo Arbelaez v. Florida DOC

    In today's Eleventh Circuit Court opinions, the court AFFIRMED the district court's denial of Arbelaez's petition for a writ of habeas corpus.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    On December 20, 2016, the Eleventh Circuit DENIED Arbelaez's petition for en banc rehearing.

    https://www.supremecourt.gov/Search....es\16-9288.htm
    "You can't get rich in politics unless you're a crook." - Harry Truman

  9. #9
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    On October 2, 2017, the United States Supreme Court DENIED Arbelaez's certiorari petition.

    Lower Ct: United States Court of Appeals for the Eleventh Circuit
    Case Numbers: (14-14647)
    Decision Date: October 12, 2016
    Rehearing Denied: December 20, 2016

    https://www.supremecourt.gov/search....c/16-9288.html

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