Guillermo Arbelaez

Case information

Guillermo Arbelaez was identified as the appellant in Florida Supreme Court Guillermo Arbelaez, Appellant, vs. State of Florida, Appellee (626 So. 2d 169).

He had the following case identifiers and procedural information:

• DC# 122079
• Date of birth: 08/29/57
• Eleventh Judicial Circuit, Dade County
• Case #88-5546

The sentencing judge was The Honorable Allen Kornblum. The trial attorney was Reemberto Diaz – Private Attorney. The direct appeal attorney was Reemberto Diaz – Private Attorneys. The collateral appeal attorney was Todd Scher – CCRC-S.

The offence

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.

At the cafeteria, 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.

During Arbelaez’s 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.

Investigation

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.

Miami detectives tracked him down on 03/16/88.

Arrest

On 04/11/88, he was arrested at Miami International Airport as soon as he cleared customs.

Arbelaez had flown to Puerto Rico and again to his home in Colombia before being tracked down by Miami detectives.

Trial

Charges

On 04/27/89, Defendant indicted on:

• Count I: First-Degree Murder
• Count II: Kidnapping

Events during trial process

A warrant was issued for the arrest of the Defendant on 02/18/88.

Defendant was arrested on 04/11/88.

Defendant was found guilty by the jury on both counts on 02/19/91.

Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the death penalty on 03/04/91.

Verdicts

The jury found the Defendant guilty on both counts on 02/19/91.

Sentencing

On 03/14/91, the Defendant was sentenced as followed:

• Count I: First-Degree Murder – Death
• Count II: Kidnapping – Life

Appeals

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, the defendant filed a Petition for Writ of Certiorari in the United States Supreme Court. That petition was denied on 05/23/94.

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

Arbelaez then filed an Appeal of his 3.850 Motion in the Florida Supreme Court on 11/20/96. The case was remanded to the trial court on 07/13/00 for an evidentiary hearing regarding the defendant’s claim of ineffective counsel during the penalty phase.

Following an evidentiary hearing on 01/07/02, the State Circuit Court again denied Arbelaez’s 3.850 Motion.

Arbelaez filed an appeal of that decision in the Florida Supreme Court on 10/21/02, which was affirmed on 01/27/05.

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

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

Arbelaez filed a 3.851 Motion Appeal with the Florida Supreme Court on 09/07/05 that is pending.

Timeline

• 02/14/88 — Date of offence: kidnapping and murder of five-year-old Julio Rivas
• 02/15/88 — Alfara ordered the defendant to move out by this date
• 02/18/88 — Warrant issued for the arrest of the Defendant
• 02/19/91 — Jury found the Defendant guilty on both counts
• 03/04/91 — Advisory sentencing: jury voted for the death penalty by an 11 to 1 majority
• 03/14/91 — Defendant sentenced: Count I first-degree murder — Death; Count II kidnapping — Life
• 04/03/91 — Guillermo Arbelaez filed a direct appeal with the Florida Supreme Court
• 04/11/88 — Defendant arrested at Miami International Airport after clearing customs
• 04/27/89 — Defendant indicted on Count I: First-Degree Murder; Count II: Kidnapping
• 09/23/93 — Florida Supreme Court affirmed the convictions and sentence of death
• 12/17/93 — Mandate was issued
• 01/11/94 — Petition for Writ of Certiorari filed in the United States Supreme Court
• 05/23/94 — Petition for Writ of Certiorari denied
• 08/15/95 — 3.850 Motion filed in the Circuit Court of Dade County
• 10/18/96 — 3.850 Motion denied
• 11/20/96 — Appeal of the 3.850 Motion filed in the Florida Supreme Court
• 07/13/00 — Case remanded to the trial court for an evidentiary hearing regarding ineffective counsel during the penalty phase
• 01/07/02 — Evidentiary hearing held; State Circuit Court again denied Arbelaez’s 3.850 Motion
• 10/21/02 — Appeal of the denial of the 3.850 Motion filed in the Florida Supreme Court
• 01/27/05 — Florida Supreme Court affirmed that decision
• 09/26/03 — Petition for Writ of Habeas Corpus filed
• 01/27/05 — Petition for Writ of Habeas Corpus denied
• 11/30/04 — 3.851 Motion filed in the Circuit Court
• 08/05/05 — 3.851 Motion denied
• 09/07/05 — 3.851 Motion Appeal filed with the Florida Supreme Court (pending)
• 03/16/88 — Miami detectives tracked him down

Other details

Pedro Salazar was Arbelaez’s friend, and Arbelaez fled to Salazar’s home.

Graciela Alfara testified that her son did not have the bruises and abrasions on the morning he was kidnapped.

At the cafeteria, Arbelaez spoke with an acquaintance about Alfara’s infidelity and that he was going to do something so that she would never forget him.