Accused murderer rescends plea bargain

Last Edited: Sunday, 23 Sep 2007, 6:10 PM EDT
Created: Sunday, 23 Sep 2007, 5:56 PM EDT

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ORLANDO, Fla. (WOFL FOX 35, Orlando) -- The family of Margarita Hidalgo hoped to find some closure on Friday in the nearly three-and-a-half year ordeal that police say began with a botched burglary and murder of their loved one.

Rafael Florian, 26, who is charged with first-degree murder in the 2004 death of Hidalgo, was expected to admit guilt and begin a life sentence. At the last minute he changed his mind, signaling his intent to fight the charges.

"It's been 3 years and a half waiting to see if there's some justice there. There hasn't been any. The case has been the same since day one," said the victim's daughter, Veronica Valcarcel. "I think he's playing games and the system is going along with it."

Hidalgo, 51, was found dead in a closet at Iglesia Adventista del Septimo Dia church in Orlando. The following day, police arrested Florian, an illegal immigrant from Guatemala who had three times been arrested in Seminole County.

Investigators believe Hidalgo, who had arrived at the church to clean the facilities, stumbled across Florian as he was attempting to steal money.

It's still unclear why Florian backed out after agreeing to a plea bargain, even after requesting that the victim's family be present for the hearing.

The victim's niece Barabara Baylor says her family came from across the country hoping to finally speak with Florian who had requested to meet with the family last week. "There he was going to talk and he was going to plead guilty. Moments before the case started, once we were inside the courthouse, Florian decided he was not going to take a plea and to our surprise we're going back to sqare one," said Baylor.

Another hearing is scheduled in October, though questions about Florian's mental capacity is expected to be raised.

Although Florian did not enter a guilty plea family members say they will fight to see that he is convicted of the charge, "I think he murdered my mom in a vicious way and i think he should be punished the same way if he killed my mom. We should have the right to say eye for an eye," said Valcarcel.

The trial is set for January. Prosecutors plan to seek the death penalty.

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