A jury of 12 people in Miami-Dade holds the fate of Alberto Sierra, a 42-year-old Cuban who pleaded guilty to murdering his ex-wife and her two young daughters in November 2012.
The jury began to hear the evidence in the case this Tuesday and will have to decide whether to convict Sierra to life in prison or the death penalty, according to reports from local media.
Sierra pleaded guilty in August before Judge Marisa Tinkler Méndez of the Miami-Dade Circuit Court for the death of Gladys Machado, 29 years old, and her daughters Julia Padrino, age six, and Daniella Padrino, age three.
The accused acknowledged having committed three counts of first-degree murder, three counts of kidnapping, two counts of abuse of a corpse, and one count of armed burglary.
Court records from Miami-Dade County identify Sierra as Cuban and note a criminal history for drug offenses, weapons charges, and violation of probation. The defendant had been released from prison just five months before committing the crimes.
The opening statements of the sentencing phase began on Tuesday, when lead prosecutor, Abbe Rifkin, showed the jury a plastic supermarket bag and stated, "This is the instrument of death that was used: a Sedano's bag just like this one."
According to the accusation, Sierra first suffocated Machado with that bag, then he forced Julia out of the room where he had locked her up and killed her in the same way; Daniella, who was sleeping and days away from turning four, was attacked while still in bed. "He violently woke her up by suffocating her until she was dead," Rifkin said.
The prosecutor also alleged that Sierra sexually assaulted Machado and Julia after they were dead, and that he injured Machado in the face "so she would never be beautiful for another man." Rifkin described the crimes as "especially abominable, atrocious, and cruel."
A report from Local 10 News noted that this Wednesday, the lead detective at the crime scene, Aura Jean Rosello, guided the jury through photographs that depicted the state of the bodies, discovered three days after the crimes inside a closet in the master bedroom of a home in northwest Miami-Dade.
Rosello described that Machado had his arms tied behind his back and, when asked about what he had on his face, he replied: "Ants." He also stated that the victim had "Alberto Sierra" tattooed on his left shoulder blade.
The defense did not deny the "horrendous" nature of the evidence, but requested the jury to consider the mitigating circumstances, including a traumatic brain injury that Sierra allegedly suffered in a childhood car accident, which, according to his lawyers, permanently affected his personality and cognitive abilities.
When the judge reminded her in August that she was facing the death penalty, Sierra replied succinctly, "Yes, ma'am. Fourteen years have passed, so..."
The case also has a precedent that adds to the severity of the accused's profile: the Department of Children and Families had investigated Sierra because Julia told a teacher that her stepfather had bitten her, but the police concluded that it was "playing" and no charges were filed.
Under the Florida law amended in 2023, unanimity is not required to recommend the death penalty: it is sufficient that eight out of the 12 jurors vote in favor. The jury will continue to hear testimonies and evidence in the coming days before issuing their recommendation.
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