The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied on for statistical or legal purposes.
ARBELAEZ, Guillermo (H/M)
DC # 122079
DOB: 08/29/57
Eleventh Judicial Circuit, Dade County, Case #88-5546
Sentencing Judge: The Honorable Allen Kornblum
Trial Attorney: Reemberto Diaz – Private
Attorney, Direct Appeal: Reemberto Diaz – Private
Attorneys, Collateral Appeal: Rachel Day – CCRC-S
Date of Offense: 02/14/88
Date of Sentence: 03/14/91
Circumstances of Offense:
Guillermo Arbelaez was convicted and sentenced to death for the kidnapping and murder of five-year-old Julio Rivas on 02/14/88.
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 02/15/88.
According to Arbelaez, he and Alfara were still in a relationship at that time, and were supposed to be married on 02/15/88. On 02/13/88, 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 ft 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 03/16/88. On 04/11/88, 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.
Additional Information:
Through cooperation with the detectives, with the American Embassy, and with Colombian passport officials, Arbelaez returned to the United States on his own volition on 04/11/88.
Trial Summary:
02/18/88 Warrant issued for the arrest of the Defendant.
04/11/88 Defendant arrested.
04/27/89 Defendant indicted on:
Count I: First-Degree Murder
Count II: Kidnapping
02/19/91 The jury found the Defendant guilty on both counts.
03/04/91 Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the death penalty.
03/14/91 The Defendant was sentenced as followed:
Count I: First-Degree Murder – Death
Count II: Kidnapping – Life
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #77,668
626 So. 2d. 169
04/03/91 Appeal filed.
09/23/93 FSC affirmed the convictions and sentence of death.
11/17/93 Rehearing denied.
12/17/93 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #93-8229
511 U.S. 1115
01/11/94 Petition filed.
05/23/94 Petition denied.
State Circuit Court – 3.850 Motion
CC #88-5546
08/15/95 Motion filed.
10/18/96 Motion denied.
Florida Supreme Court – 3.850 Motion Appeal
FSC #89,375
775 So. 2d. 909
11/20/96 Appeal filed.
07/13/00 FSC remanded the case to the CC for an EH on the defendant’s claim of ineffective counsel during the penalty phase.
02/19/01 Mandate issued.
State Circuit Court – 3.850 Motion (On Remand)
CC #88-5546
07/13/00 Motion remanded for an EH by FSC.
01/07/02 Evidentiary Hearing held.
09/18/02 Motion denied.
Florida Supreme Court – 3.850 Motion Appeal
FSC #SC02-2284
898 So.2d 25
10/21/02 Appeal filed.
01/27/05 Denial affirmed.
03/18/05 Rehearing denied.
04/04/05 Mandate issued.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #SC03-1718
898 So.2d 25
09/26/03 Petition filed.
01/27/05 Petition denied.
03/18/05 Rehearing denied.
04/04/05 Mandate issued.
State Circuit Court – 3.851 Motion
CC #88-5546
11/30/04 Motion filed.
08/05/05 CC denied Motion.
Florida Supreme Court – 3.851 Motion Appeal
FSC# 05-1610
950 So.2d 413
09/07/05 Appeal filed.
11/14/06 FSC reversed and remanded for an EH on the mental retardation issue.
11/28/06 Motion for rehearing.
01/29/07 Rehearing denied.
State Circuit Court – 3.850 Motion (On Remand)
CC #88-5546
11/14/06 Motion remanded for an EH by FSC.
07/16/09 Evidentiary Hearing held.
05/07/10 Motion denied.
Florida Supreme
Court – 3.850 Motion Appeal
10-1038
(Pending)
06/07/10 Appeal filed
State Circuit Court – 3.851 Motion
CC #88-5546
(Pending)
11/23/10 Motion filed
Factors Contributing to the Delay in the Imposition of the Sentence:
In 2000, the Florida Supreme Court remanded Arbelaez’s 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 Arbelaez’s 3.850 Motion. In 2006, the Florida Supreme Court again remanded Arbelaez’s 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 victim’s 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 defendant’s 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 Arbelaez’s 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 Arbelaez’s 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.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
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06/21/91 30 UNARMED ASSAULT FLORIDA STATE PRISON
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10/30/01 – ew
10/30/01 – approved – ws
02/17/11 – updated – jjk