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Wrongful Conviction

#108 Jason Flom with Clemente Aguirre

Wrongful Conviction

Lava for Good Podcasts

True Crime

4.45.8K Ratings

🗓️ 18 December 2019

⏱️ 66 minutes

🧾️ Download transcript

Summary

Coming of age in Honduras, Clemente “Shorty” Aguirre was faced with a choice: join MS13 or die. He moved to Nicaragua with his grandmother instead, but with no economic prospects, he chose to come to the United States as an undocumented immigrant. Life was calm for a while, as he worked as a cook and lived in a trailer park, where he had found a place in a nice community of friends. Then, on June 17th, 2004, after a long night out, Shorty dropped by a neighboring trailer shared by his friends Cheryl Williams, part-time by her daughter Samantha, and her mother Carol Bareis. They were known for always having a stockpile of beer, and Shorty was going to ask them for an early morning nightcap, when he discovered Cheryl and Carol had been stabbed and were lying in pools of their own blood. Realizing that they were gone and that making a call to the police would certainly get him deported to a country where MS13 awaited his return, he went to his own trailer to lay low. Later that day, he came forward to investigators with his discovery and became the prime suspect. With the combination of an ineffective public defender, the prosecution’s tunnel vision, and plenty of circumstantial evidence, Clemente would be tried, convicted, and sentenced to death.

If you feel compelled to support Clemente, please go to: https://www.mightycause.com/story/Clementeaguirree2019

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction  is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

​​We have worked hard to ensure that all facts reported in this show are accurate. The views and opinions expressed by the individuals featured in this show are their own and do not necessarily reflect those of Lava for Good.

See omnystudio.com/listener for privacy information.

Transcript

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0:00.0

Clemente Shordy Aguirre grew up in Honduras, but in 2001, when rival street gangs demanded

0:07.3

that he pick a side or die, he found himself with no choice but to run.

0:11.4

He escaped to the United States, crossing our southern border illegally, and ultimately

0:15.3

he found work as a cook, living in Seminole County, Florida in a trailer park, where

0:19.9

he formed friendly ties with various neighbors.

0:22.9

On June 17th of 2004, Shordy was hanging out into the wee hours of the morning when he

0:27.7

went to his friend Cheryl Williams' trailer to grab a beer, and there he found himself

0:32.6

inside of a gruesome crime scene.

0:35.0

The trailer had been ransacked and was covered in blood.

0:38.0

Cheryl and her mother Carol had been stabbed repeatedly and were dead.

0:41.9

He checked the bodies for signs of life, thereby inadvertently tampering with the crime

0:46.4

scene.

0:47.6

Knowing that nothing would bring them back and fearing deportation or worse, he chose

0:51.7

to stay quiet initially, but later that day, Clemente came forward about his discovery.

0:56.4

His immigration status and unwitting crime scene tampering made him a prime suspect, and

1:02.0

with a deadly combination of an ineffective public defender and the prosecution's tunnel

1:06.1

vision, Clemente was convicted and sent to death row.

1:10.5

In this episode, recorded at the Innocence Network Comprehensive Atlanta, we speak with

1:14.2

Clemente Shordy a Gary, and one of his lead post-conviction attorneys, Maria Deliberado,

1:18.9

who, along with a list of mostly pro bono private counsel, would properly reinvestigate

1:23.7

the crime and test the 197 pieces of crime scene evidence that had never been tested

1:28.4

for DNA, ultimately excluding Clemente.

...

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