A Seminole County man who got his 2006 double murder conviction overturned will have to wait even longer to try to win his freedom.
An appeals court gave Clemente Aguirre-Jarquin a new trial based on new evidence.
He initially was found guilty of murder in the deaths of Carol Bareis and Cheryl Williams in Altamonte Springs.
SANFORD, Fla. — Read: New trial ordered for Seminole County death row inmate
Last month, Aguirre fought to have the case heard by a different judge on the basis that the previous one was biased against him.
Judge Jessica Recksiedler recused herself from Aguirre's case.
Recksiedler was not the judge who handled the original murder case in 2006, but she got the case two years ago from the appeals court.
The case was overturned because Samantha Williams confessed to the crime and DNA evidence surfaced.
Read: Man on death row says DNA evidence proves his innocence
Williams confessed several times to killing her mother and grandmother, according to investigators.
Recksiedler tried to deny Aguirre a second trial despite the evidence and confession.
Aguirre's lawyer, Marie-Louise Samuels Parmer, said the new evidence is enough to get Aguirre out of prison.
She said getting a judge without previous history in the case could help.
"This is particularly true in a case like Mr. Aguirre's, where this is an old, old case, an old conviction," Parmer said. "In fact, evidence tends to show that Samantha Williams actually killed her mother and grandmother."
Judge Donna McIntosh was assigned the case, but she said Tuesday that she's handing off her docket to Judge John Galluzzo, who needs time to get up to speed.
The case isn't expected to be re-tried until October or November -- news that devastated Aguirre, his attorney, Josh Dubin, said Tuesday.
"When you have an innocent man sitting in jail, convicted of a crime he didn't commit, every day behind bars stinks," Dubin said. "He wants his case heard before a jury as quickly as possible so this nightmare can be over for him."
Cox Media Group
