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A 2006 double murder in Altamonte Springs could soon go back to trial, with the convicted killer going free. As Matt Galka tells us, the man’s attorney’s are asking the Florida Supreme Court for a new trial, and new death penalty rules could be a factor, as well.

Clemente Aguirre-Jarquin was sentenced to death in 2006 for the double murder of his neighbors Sheryl Williams and her mother Carol Bareis in Seminole county.

His attorneys told the Florida Supreme Court Thursday Agiurre-Jarquin is an innocent man and deserves a new trial.  They say new evidence shows Williams daughter, Samantha, killed her own mother and grandmother. Tests found her DNA at the scene, but the tests weren’t done until after the conviction.

“The reality is that with the new DNA evidence, the confessions, with the new forensic evidence, all of that evidence demands Mr. Aguirre be given a new trial,” said Aguirre-Jarquin’s attorney Lindsey Boney.

But Assistant Attorney General Jim Riecks says there’s holes in the argument.

“It is important to know that Samantha was never violent towards anyone individually, she only hurt herself,” he said.

Riecks told the court Aguirre-Jarquin had his neighbors blood on his clothes following the murders.

There’s still a chance that Florida’s new death penalty sentencing laws come into play. A 9-3 and 7-5 jury recommended death for Aguirre – Jarquin for the two murders, but the U.S. supreme court ruled the old system unconstitutional.

“If the Supreme Court releases their opinion and denies the appeal, he could get relief through Hearst if it’s retroactive, which it should be,” said Boney.

Florida’s new law requires at least 10 jurors in agreement.

Samantha Williams was reported to have admitted to killing her family in a police report in 2010. She has a history of mental illness.