1. p. 202 “Carlos DeLuna’s trial began on Friday, June 15, 1983…”

    Statement of Facts, Trial Transcript, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) (“On the 15th day of July, 1983, the above entitled and numbered cause came on for trial before said Honorable Court, Wallace C. Moore, Judge presiding, and the following proceedings were had . . . .”).

  2. p. 202 “Karen Boudrie…in her early twenties…”

    See Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 03:21:35–3:22:38, 03:26:40–3:28:08 (reading from a letter to Boudrie from Carlos DeLuna dated December 4th, 1989, which reports Boudrie’s age then, six and one-half years after DeLuna’s trial, as twenty-nine);

    DeLuna—New Document Analysis—Players Data Base 6–05 (Aug. 9, 2005), at Row 38 (entry for Karen Boudrie Evans) (listing Karen Boudrie’s date of birth as Sept. 19, 1960, indicating that she was 22 years old at the time of DeLuna’s trial).

  3. p. 202 “…CBS affiliate in Coprus Christi.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:22:20–1:23:27 (“My name is Karen Boudrie Evers. In 1983 I went to work for my first television job in Corpus Christi, Texas, at the CBS affiliate, KZTV. I worked there for a couple of years, then I moved to the NBC affiliate in Corpus Christi, Texas. So I was there for a total of six years, until 1989.”);

    see Transcribed Videotape of TV Station Archive Tapes on Wanda Lopez Homicide, KZTV Channel 10, Feb. 4, 1983 Archive Tape on Wanda Lopez Homicide, Vargas v. Diamond Shamrock, No. 84–4951-D, 86–5900-D (Nueces Cty., 105th Dist. Tex. 1988);

    see also Answers and Deposition of Joan L. Terrell, Custodian of Records for KZTV, Channel 10, Vargas v. Diamond Shamrock, No. 84–4951-D (Nueces Cty., 105th Dist. Tex. Apr. 27, 1987) (reporting production of archived videotapes of news segments by Corpus Christi KZTV News Watch 10 covering Carlos DeLuna’s July 1983 trial).

  4. p. 202 “DeLuna’s was…covered as a journalist.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:24:55–1:26:50 (“But I must say that Carlos DeLuna’s trial was my very first trial of any kind. I paid, I guess, extra attention, because it was so fascinating to me. It was the very first trial I ever covered as a journalist. . . . I was very green covering the trial itself, but I found it very, very fascinating.”).

  5. p. 202 “A bit overwhelmed…on Newsnight 10.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:25:58–1:26:50 (“As I said, being a novice, really, at the time I was covering Carlos DeLuna’s [trial], I was kind of like a sponge, soaking up everything. It was kind of like a deer in the headlights, in watching this process and just learning.”).

  6. p. 202 “The young reporter…events in Corpus Christi.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:09:24–02:09:52 (“Also being my very first murder trial, so it was tenfold sensational and exciting to me, because I had never experienced anything like that before. It was very interesting to see the beginning of this trial, the end, and continue on with the process of appeals.”);

    see also Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:22:20–01:24:50:

    My name is Karen Boudrie Evers. In 1983 I went to work for my first television job in Corpus Christi, Texas, at the CBS affiliate, KZTV. I worked there for a couple of years, then I moved to the NBC affiliate in Corpus Christi, Texas. So I was there [in Corpus Christi] for a total of six years, until 1989. Then I moved to Georgia to start up a television station in Georgia as the news director and main anchor there. And after a couple of years I moved to New Orleans to work at the FOX affiliate in New Orleans, where I worked on-air as an anchor and reporter for about nine and a half years. Then I got out of TV news and started my own public relations and advertising and video company, which I’ve been running for the past three years now. It’s still in New Orleans, primarily. . . . Probably the majority of the time in Corpus Christi as a reporter, I was a beat reporter covering police and courts. I covered City Hall for a while, and various general news. But one of the reasons I was hired away from one station was for the courts and the police contacts I had made, so that was kind of my forte. I started my day as a police beat reporter at the police station. Before I even went into the office, [I] would start at the Corpus Christi police station, or the courthouse, depending on what month it was. For a while I would do courts, or police, or both. I would cover an event as it happened, when the police were on the scene, then end up covering the trial, following the process through. Which wasn’t the case with Carlos DeLuna, because that crime happened right before I got there in Corpus.

  7. p. 202 “Throughout those years…in touch with Carlos DeLuna.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 1:27:23–1:30:50:

    As I continued, and had the opportunity to continue to follow the case over the years. I met Carlos DeLuna on Death Row a year after he had been sentenced. Went up to Huntsville [where death row is located] . . . . After that first meeting, Carlos began to write to me. He had my address at the station, because I had to write to him to request the interview, to get on his list, and whatnot. So he began to write to me. . . . And as a journalist, I wanted to keep that connection going. I thought, maybe one day I’ll be the person he reveals some deep, dark secret to, perhaps, and just continue to stay connected as this case developed. I figured this would be years and years before the appeals were exhausted. . . . I remember at one point, too, there was a death date set. And he came back to Corpus. I actually got to talk with him briefly in the hallway. I think one of the prosecutors or somebody had let me get close to him. They were holding him in a back room and I got to talk with him briefly. Then, I don’t know, I guess it was a couple years later, or a year or two later. He had received a stay at that point. I went up to interview him again on Death Row.

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 1:41:22–1:43:40 (“And I covered the civil trial involving the Diamond Shamrock and Wanda Lopez’s family. I covered that. This case never seemed to let go of me. All those years I was in Corpus, there were connections. There were appeals, I would follow the case itself as a reporter. But different aspects of it, these people that were involved, always seemed to crop up in my life in one way or another.”).

  8. p. 202 “‘I thought’…’dark secret to,’ she admitted.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 1:29:04–1:29:56 (“And as a journalist, I wanted to keep that connection going. I thought, maybe one day I’ll be the person he reveals some deep, dark secret to, perhaps, and just continue to stay connected as this case developed. I figured this would be years and years before the appeals were exhausted.”).

  9. p. 202 “Becoming a specialist…Atlanta and New Orleans.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:22:20–1:27:23:

    A. So I was there [in Corpus Christi] for a total of six years, until 1989. Then I moved to Georgia to start up a television station in Georgia as the news director and main anchor there. And after a couple of years I moved to New Orleans to work at the FOX affiliate in New Orleans, where I worked on-air as an anchor and reporter for about nine and a half years. . . .

    Q. Over the course of your work in Corpus Christi, how many capital trials did you cover?

    A. Gosh, I wish I knew the actual answer. But a number of capital murder trials I watched and covered. And then in New Orleans, covered a number of capital murder trials as well, and noticed the differences in what constitutes a capital trial in Louisiana versus Texas versus Georgia. . . . It [DeLuna's] wasn’t your run-of-the-mill murder trial, not that any of them are. I’ve covered so many since then.

  10. p. 202 “But the DeLuna case…no other did.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:26:50–1:27:23, 1:39:20–1:41:22 (“It [DeLuna's capital trial] wasn’t your run-of-the-mill murder trial, not that any of them are. I’ve covered so many since then. And I can say that, not simply because it was the first, but because it was one of the more moving to me, and I guess interesting.”; “This case affected me. Before, I was all for capital punishment . . . . As murders go, I’ve seen and read and covered even more brutal and heinous crimes than this one in particular. There were many times I thought, ‘That person needs to be put to death.’ But over the years it’s changed for me. This [DeLuna's] case has done that. If we put to death one innocent man, then what’s the point? We can put him away for life, but you can’t say ‘oops, we goofed’ after someone’s been put to death.”);

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:30:50–1:31:35:

    Every time I talked to Carlos, and in every letter, he talked about how his life had gone astray but he always denied committing this crime. Of course, as a journalist, everyone around you’s saying, “Oh, come on, Karen, they all say that. They all say that. You’re naive, you’re green.” So I had doubts. I had doubts about myself as far as, are you too green? Are you believing this guy because you haven’t been around the block enough? But as the years progressed and I had covered more trials and got a little more experience under my belt, I realized that there was something happening with Carlos.

  11. p. 202 “Part of it, she believed…’committing this crime.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:30:50–1:31:35:

    Every time I talked to Carlos, and in every letter, he talked about how his life had gone astray but he always denied committing this crime. Of course, as a journalist, everyone around you’s saying, “Oh, come on, Karen, they all say that. They all say that. You’re naive, you’re green.” So I had doubts. I had doubts about myself as far as, are you too green? Are you believing this guy because you haven’t been around the block enough? But as the years progressed and I had covered more trials and got a little more experience under my belt, I realized that there was something happening with Carlos.

  12. p. 202 “Twenty years later…Dallas Fort-Worth International Airport…”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 1:21:55–1:22:20 (“Today is Monday, February 28th, 2005, we’re near the Dallas Fort Worth airport, and we’re here with Karen Boudrie-Evers. Karen, if you’d just tell us your name, and give us a bit of a biography, including your work history.”).

  13. p. 202 “…Boudrie recalled…’begging for her life, and screaming.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:07:20–02:08:35:

    But I think one of the things the prosecution had going for it as well was the fact that this tape was so sensational as well, with Wanda Lopez calling the 911 dispatcher. And you can hear her on tape begging for her life, and screaming. The courtroom is in absolute silence, and we’re all in shock, in a state of unbelievability that—Why did someone have to kill this woman? She said, “I’ll give you everything, I’ll give you everything.” She could see what was coming. It was just horrible. It was very sensational, and you could tell they were out for blood. They were going to make somebody pay for this horrible crime. It was going to be a feather in someone’s cap to be able to get the death penalty in this case.

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 03:09:13–03:11:22:

    Then you hear her [Wanda Lopez] saying, “Please don’t, I’ll give you anything,” and then you hear her scream. It’s terrible. It’s a terrifying scream, and you just know something terrible’s happening, even if you did not know that she had died, that she was being killed at that moment. If you were to hear that tape, it was awful. And that was played at the trial. I remember, then, describing that for the audience, for the people who weren’t in the courtroom. Just being, probably, one of the most compelling pieces of evidence even though she doesn’t say who did this to me. It was one of the most compelling, sort of horrifying aspects of this case, to hear her die on tape and beg for her life. I certainly believe that played a part into the decision with the death penalty.

  14. p. 203 “They were ‘out for blood.’”

    See supra note 13.

  15. p. 203 “‘It was going to be…penalty in this case.’”

    See supra note 13.

  16. p. 203 “DeLuna’s sister Rose…mother lay dying…”

    See supra Chapter 5, note 5 and accompanying text.

  17. p. 203 “…hoping that…he hadn’t killed Wanda Lopez”

    See, e.g., Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 19:59:44–20:02:58 (“Carlos DeLuna is not the person they said committed this crime. My brother Carlos could not do such a crime. I know that for a fact and still believe that. I believe that my brother was executed wrongfully. He wasn’t given a chance. And he didn’t commit this I know that.”);

    see supra Chapter 5, notes 101–107 and accompanying text.

  18. p. 203 “Wanda’s parents…that she didn’t deserve it.”

    Transcribed Videotape Interview with Richard Louis Vargas, Brother of Wanda Lopez, in Corpus Christi, Texas (Dec. 4, 2004) at 07:11:30–7:11:50 (“Q. At that time, the night of your sister’s death until Dec 7, 1989 when Carlos DeLuna was executed, what were your feelings towards him? A. I didn’t know the individual, only what I come to hear. I couldn’t believe that he did it, for what reason. If he only knew my sister he wouldn’t of done this.”);

    Linda Carrico, Judge Grants DeLuna Stay of Execution, Corpus Christi Caller-Times, Oct. 15, 1986 (“[Wanda] Lopez’s mother, said she was disappointed to hear of DeLuna’s stay of execution. ‘It’s the only way I will feel that justice will be done because she didn’t deserve to die,’ an upset Mrs. Vargas told the Caller. ‘I want him to pay for what he did to her. She offered him everything, yet he still killed her,’ Mrs. Vargas said. ‘I have asked over and over again, Why her?’”).

  19. p. 203 “Wanda’s cousin… night of Wanda’s murder.”

    Transcribed Videotape Interview with Becky Nesmith, Cousin of Wanda Lopez, in Corpus Christi, Texas (Dec. 8, 2004) at 05:11:20–05:13:25:

    A. Yes, when Wanda was killed that night, I was also currently working at a Diamond Shamrock at a different location. I got the news through a phone call from my mother at work letting me know that she had died.

    Q. What was the situation where she [Wanda Lopez] was working? How did you feel, how did she feel about the situation where she was working at that Diamond Shamrock on South Padre Island Drive, at that time, working the night shift?

    A. The Diamond Shamrock that Wanda worked at was a very small store, and it was next to a topless club, and she had been asking not to work alone at nights, for fear that something may happen. And I was working at another location, and at the location that I was at, there was never a single person alone at night. And this misfortune happened with her working alone.

    Q. How safe did you feel her situation was, you being somebody who also knew what it was like to work at one of those places?

    A. Well, I didn’t think it was that safe . . . .

    Bruce Whitman’s Notes on Interview with Becky and Jesse Nesmith, Cousin of Wanda Lopez and Her Husband (Sept. 28, 2004) at 2:

    Becky started working at the Diamond Shamrock (D/S) at the intersection of Morgan and Baldwin in 1982 and was working there when Wanda was murdered. Wanda started working at the D/S by Wolfy’s Bar on SPID before that. Becky and Wanda both had concerns about the safety at the D/S Wanda was working at on the night shift. At the D/S Becky worked on the night shift and there were always two people working. Wanda worked alone in what was considered to be a dangerous area as the D/S sat next to a topless bar that was allegedly owned and managed by a Bandito motorcycle gang.

    Sita Sovin & Lauren Eskenazi’s Notes on Interview with Becky Nesmith, Cousin of Wanda Lopez (Oct. 26, 2004) at 2 (“Becky worked at the Shamrock on Baldwin Street. . . .”).

  20. p. 203 “Although several years…fathers of their children.”

    Transcribed Videotape Interview with Becky Nesmith, Cousin of Wanda Lopez, in Corpus Christi, Texas (Dec. 8, 2004) at 04:51:30–04:53:22:

    A. [takes and holds up picture] This is my deceased cousin, that was killed in the Diamond Shamrock stabbing, while she was working. [camera zooms in on photograph] This is Wanda Lopez, she was my cousin. At the time that she was killed we were pretty close. I considered her my sister at the time. I have a half sister, but we didn’t grow up together, so I considered Wanda my sister. She was a good friend to me. When we were hanging out together at the time of her death, I was married and having marital problems, so when I would call her she would come and pick me up. And her daughter and my daughter were about two years apart and they’d sit in the back seat and play. We’d just drive around and talk and share our thoughts and feelings. She was kind of like my savior at the time. She would take me and spend time with me and help me get through my problems that I had.

    Q. At that time, tell me, how close in age were you? Or what the age difference was between you and Wanda approximately?

    A. I was about seventeen, and she was about twenty-four years old, in age.

    Bruce Whitman’s Notes on Interview with Becky and Jesse Nesmith, Cousin of Wanda Lopez and Her Husband (Sept. 28, 2004) at 1–2:

    In 1982 Becky and Wanda started “hanging out” together. Wanda was not married at the time and had a daughter about the same age as Becky’s daughter. Becky was born in 1964. Wanda was 7–8 years older than Becky but they both had children about the same age and both had a history of bad relationships with men. These shared characteristics brought them together and served as the foundation for their friendship. Becky and Wanda hung out together and shared their problems with one another. Becky’s father owned a duplex and lived in one side of it. Becky rented the other side of the duplex and Wanda often visited her there. . . . Becky continued to see Wanda and claims, “Wanda was like a sister to me.”

    Sita Sovin & Lauren Eskenazi’s Notes on Interview with Becky Nesmith, Cousin of Wanda Lopez (Oct. 26, 2004) at 1, 3–4 (“Becky was around 16–17 years old when she started to hang out with Wanda. Wanda was approximately 7 years older than Becky—Wanda was around 24 years old. . . . Becky first married in 1979. She was very young. Becky was unhappy in her marriage and used to call Wanda to get out of the house. Becky cannot be sure when they hung out. But, if Wanda was killed in 1983, they were definitely hanging out in 1982.”; “Besides that one time [when Wanda took Becky to a party with older guys], Becky and Wanda usually spent time alone together with their daughters.”).

  21. p. 203 “Like others…’very friendly, very outgoing.’”

    Transcribed Videotape Interview with Becky Nesmith, Cousin of Wanda Lopez, in Corpus Christi, Texas (Dec. 8, 2004) at 05:07:01–05:07:50 (“A. Wanda, she was a very kind friend to me. Even though she was my cousin, she was very real, very down to earth. She had a very happy spirit. She was never mean. She wasn’t the type to cuss. She didn’t have a vulgar language. She was very loving, very friendly, very outgoing. Q. One of the things that we’ve heard about Wanda is that she was, as you say, very outgoing. Liked to be around people. Very vibrant and bright. Is that right? A. Yes.”).

  22. p. 204 “Becky had worried…from a topless bar.”

    Bruce Whitman’s Notes on Interview with Becky and Jesse Nesmith, Cousin of Wanda Lopez and her Husband (Sept. 28, 2004) at 2:

    Becky started working at the Diamond Shamrock (D/S) at the intersection of Morgan and Baldwin in 1982 and was working there when Wanda was murdered. Wanda started working at the D/S by Wolfy’s Bar on SPID before that. Becky and Wanda both had concerns about the safety at the D/S Wanda was working at on the night shift. At the D/S Becky worked on the night shift and there were always two people working. Wanda worked alone in what was considered to be a dangerous area as the D/S sat next to a topless bar that was allegedly owned and managed by a Bandito motorcycle gang.

    Transcribed Videotape Interview with Becky Nesmith, Cousin of Wanda Lopez, in Corpus Christi, Texas (Dec. 8, 2004) at 05:11:20–05:13:25:

    A. Yes, when Wanda was killed that night, I was also currently working at a Diamond Shamrock at a different location. I got the news through a phone call from my mother at work letting me know that she had died.

    Q. What was the situation where she [Wanda Lopez] was working? How did you feel, how did she feel about the situation where she was working at that Diamond Shamrock on South Padre Island Drive, at that time, working the night shift?

    A. The Diamond Shamrock that Wanda worked at was a very small store, and it was next to a topless club, and she had been asking not to work alone at nights, for fear that something may happen. And I was working at another location, and at the location that I was at, there was never a single person alone at night. And this misfortune happened with her working alone.

    Q. How safe did you feel her situation was, you being somebody who also knew what it was like to work at one of those places?

    A. Well, I didn’t think it was that safe . . . .

    Sita Sovin & Lauren Eskenazi’s Notes on Interview with Becky Nesmith, Cousin of Wanda Lopez (Oct. 26, 2004) at 2 (“Becky worked at the Shamrock on Baldwin Street. . . .”).

  23. p. 204 “Becky recalled…’know that Wanda had died.’”

    Transcribed Videotape Interview with Becky Nesmith, Cousin of Wanda Lopez, in Corpus Christi, Texas (Dec. 8, 2004) at 05:11:20–05:13:25 (“Yes, when Wanda was killed that night, I was also currently working at a Diamond Shamrock at a different location. I got the news through a phone call from my mother at work letting me know that she had died.”).

  24. p. 204 “She rushed…street from the hospital.”

    Transcribed Videotape Interview with Becky Nesmith, Cousin of Wanda Lopez, in Corpus Christi, Texas (Dec. 8, 2004) at 05:15:41–05:16:57:

    Q. [H]ow did Wanda’s death affect her parents and her brother? . . .

    A. . . . I remember that night that they killed Wanda, I couldn’t leave my job until somebody came to relieve me, so by the time I got to the hospital, they wouldn’t allow me to see her body. So I went to Wanda’s mother’s house, which was just down the street from the hospital. She was just torn apart and crying with her Wanda’s smock, we wore smocks at the time, blue smocks. And she was just curled in her blue smock, crying and crying. And she had this picture [indicates photograph of Wanda] next to her, in color. It was just an awful ordeal.

  25. p. 204 “‘And she had…just an awful ordeal.’”

    See supra note 24.

  26. p. 204 “In summer school…courthouse downtown and write reflections.”

    Transcribed Videotape Interview with Becky Nesmith, Cousin of Wanda Lopez, in Corpus Christi, Texas (Dec. 8, 2004) at 05:19:43–5:20:33 (“I was in summer school, for high school, taking a couple of classes, and our history teacher, Mr. Crane, had asked us that part of our grade would be to visit a trial that was going on, in a murder case. And when he said whose trial it was, he said it was my cousin Wanda’s trial. So I got to attend the trial a couple of times because of the school. And I was able to attend a couple of hearings where I got to know who Carlos DeLuna was.”);

    Bruce Whitman’s Notes on Interview with Becky and Jesse Nesmith, Cousin of Wanda Lopez and Her Husband (Sept. 28, 2004) at 2 (“One of Becky’s . . . classes took a field trip to the courthouse to view the court process. Coincidently, the trial in session during the class visit was the De Luna case. Becky sat with her class in the court room and listened . . . .”);

    Sita Sovin & Lauren Eskenazi’s Notes on Interview with Becky Nesmith, Cousin of Wanda Lopez (Nov. 7, 2004) at 3 (“Becky watched part of DeLuna’s trial. She went to court for a class she was taking.”).

  27. p. 204 “‘When he said’…’it was my cousin Wanda’s.’”

    See supra note 26.

  28. p. 204 “Becky wondered…how he brutalized hr cousin.”

    Sita Sovin & Lauren Eskenazi’s Notes on Interview with Becky Nesmith, Cousin of Wanda Lopez (Nov. 7, 2004) at 3 (noting that Becky was surprised that DeLuna didn’t appear to be a killer and questioned whether he was guilty).

  29. p. 204 “‘[T]he worst part’…’then the phone hangs up.’”

    Transcribed Videotape Interview with Becky Nesmith, Cousin of Wanda Lopez, in Corpus Christi, Texas (Dec. 8, 2004) at 05:22:20–05:23:52 (“Q. Becky, would you tell me what your reaction or impression was, describe your reaction or impression when you were watching that DeLuna trial for the killing of your cousin, Wanda? A. I think the worst part of the trial was when they aired the 911 call, where we heard her speaking and the operator speaking, and the questions that they had asked her. And at the end of the phone call, she’s screaming, and then the phone hangs up. It was terrifying hearing her voice which was the last time we were ever going to hear her voice.”).

  30. p. 204 “‘It was terrifying’…’ever going to hear [Wanda].’”

    Transcribed Videotape Interview with Becky Nesmith, Cousin of Wanda Lopez in Corpus Christi, Texas (Dec. 8, 2004) at 05:22:20–05:23:52.

  31. p. 204 “Just after Wanda screamed on the call…”

    See Police Dispatch Tape, Corpus Christi Police Dep’t. (Feb. 4, 1983) at 8:10:23 p.m. (tape at 00:01:42) (Wanda Lopez screaming).

  32. p. 204 “Forty minutes later…DeLuna cowering under a truck.”

    See Steve Schiwetz, Prosecutor, Opening Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 14–15 (“I’m going to call a deputy constable in that works for Constable Johnny Alaniz, Ruben Rivera. He will testify that he was on patrol in the general area and that his partner, Carolyn Vargas [and he] decided to help out the police when they heard this armed robbery going down and that, in fact, he helped arrest the Defendant in this case, Mr. Carlos De Luna, less than three blocks away from the Sigmor Station where Wanda Lopez was killed.”).

  33. p. 204 “Shortly after that…near the gas station.”

    Steve Schiwetz, Prosecutor, Opening Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 10–11, 12, 13 (“[George Aguirre] will testify that the man he saw in the police car was the same man he had seen earlier with the knife in his hand. . . . [H]e was the exact same man and looked the same as the fellow he had seen 30 minutes to an hour before.”; “[Kevan Baker] will testify that shortly thereafter Mr. De Luna was brought back to the scene in a police car, that he didn’t have a shirt on, but that Mr. De Luna was the man that he had seen 30 minutes to an hour earlier.”; “Jorge [sic—John] Arsuaga looked at a photographic lineup, a lineup of six pictures, and that without any suggestion as to who he should pick out he did pick out a picture and he will testify that the picture he picked out was the Defendant, Carlos De Luna, and Carlos De Luna was the man he saw running away from the direction of the Sigmor Station.”);

    see also Julia Arsuaga, Witness to Man Running Near Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 351–53 (offering testimony similar to that the prosecutor’s opening statement had forecast for her husband John Arsuaga).

  34. p. 204 “‘You will hear her’…’screaming as he knifed her.’”

    Steve Schiwetz, Prosecutor, Opening Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 20:

    And the final witness I’m going to call will be the deceased, Wanda Lopez. Mrs. Lopez, who was 26 years old at the time she died, will be called through the means of a tape recording, a phone call that she made to the police department right before she died. On this tape you will hear her asking for help, telling about a man who was in the store with a knife. You will hear her trying to describe him as he stands there—stood there right in front of her and you will hear her final words to this Defendant telling him, “I’ll give you what you want,” and then you will hear her screaming as he knifed her.”

  35. p. 205 “He told the jury…her own daughter in her lap.”

    Luis Vargas, Father of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 22–24 (discussing his daughter’s job at “[Sigmor] Shamrock Station located on SPID” and his “six year old” granddaughter; then discussing State’s Exhibit Number One, a “photo of [Vargas's] daughter”).

  36. p. 205 “Schiwetz directed…mention of any other call.”

    Jesse Escochea, Corpus Christi Police Dispatcher, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 27 (“Q. On [February 4th, 1983], directing your attention to approximately 8:09 p.m., do you recall getting a phone call regarding a man with a knife? A. Yes, sir. Q. And could you identify the sex of the person who was calling? A. It was a female. Q. And did she identify herself by name? A. No.”).

  37. p. 205 “The twenty-two-year old…unnamed female at  2602.”

    Jesse Escochea, Corpus Christi Police Dispatcher, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 27–28 (“Q. Did [the female who called 911 at 8:09 p.m.] tell you where she was? A. Yes. Q. And where was that? A. At the Shamrock, 2602 South Padre Island Drive. . . . Q. Did she request police assistance? A. Yes, she did. Q. And did you dispatch some assistance to her? A. Yes, I did.”).

  38. p. 205 “Officers Steven Fowler…kneeling over Wanda Lopez.”

    Steven Fowler, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 37–38 (“Q. And when you arrived [at the scene], what did you find? A. Pulled up in the parking lot, I observed a clerk lying on her side in front of the front door of the service station and a gentleman was standing there bent over.”).

  39. p. 205 ” Fowler testifed…wound on her left side.”

    Steven Fowler, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 37–38, 43–45:

    Q. Now, did you try and tend to Wanda Lopez?

    A. When I first got there I did, yes, sir.

    Q. And was she still breathing then?

    A. She was having—she was in a—a—her breathing was labored and her eyes were kind of glassy and—

    Q. Have you ever had experience with dealing with people who are in that condition before?

    A. Yes, I have.

    Q. Okay, where was that?

    A. In the hospital, when I worked in the hospital in the emergency room and I made several homicide cases since I have been on the scene, people in that condition.

    Q. Is there any particular medical language which is used for a person that’s in that condition?

    A. I believe it’s called Kussmaul is the type of breathing she was in. It’s kind of rapid, shallow breathing. It’s caused by the body trying to compensate for an acid—a blood acid base imbalance; and what’s happening is they’re either lost a lot of blood or they’ve lost enough body fluid to where their body is trying to catch up with the imbalance of the body fluid inside and they breath heavy trying to compensate for this.

  40. p. 205 “Spread throughout…by an emergency medical technician…”

    Mark Wagner, City of Corpus Christi Paramedic, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 176–78 (testifying that “upon arrival, the . . . lady was still semi-conscious, [but] she wasn’t responding by speaking or anything, she was just moaning slightly . . . [and] appeared to be in a condition of shock at that time” having “sustained an apparent stab wound to the left chest”).

  41. p. 205 “…the nurse…hospital when she died…”

    Dorothy Gomez, Memorial Medical Center Nurse, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 184–87 (describing unsuccessful efforts to save Lopez that lasted “quite a while, . . . a little over an hour” and included an incision “right below the original stab wound” for a “chest tube . . . that goes into the cavity between the chest wall and the lungs to release any fluid or . . . air . . . in between the cavity”).

  42. p. 205 “…and Medical Examiner Joseph Rupp…”

    Joseph Rupp, Nueces County Medical Examiner, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 206–15 (testifying that the “[c]ause of death was as the direct result of a stab wound to the chest,” which “[p]enetrated into the chest cavity and penetrated the lung . . . [causing the lung to] collapse[] . . . and bleed[] very rapidly” into the cavity, and causing “greater than two quarts of blood [to come out] in[to Wanda's] left chest cavity”).

  43. p. 205 “In the same vein…while medics tried to revive her.”

    Eddie McConley, Corpus Christi Police Lieutenant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 289 (“[B]ecause I could see the large amount of blood and whatever was inside. I could see that the place was in disarray and whatever, you could tell that there had been a struggle there. Then I turned my attention toward the victim that Officer Fowler was working on. I couldn’t see exactly where the wound was for the blood, but after looking at her and conversing with him, I immediately called for a follow-up investigator and identification and whatever because I knew the wounds were serious.”).

  44. p. 205 “Mejia told of … and broadcasting BOLOs.”

    Bruno Mejia, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 67–70, 75–76, 80.

  45. p. 205 “He described…He didn’t recall rain.”

    Bruno Mejia, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 78 (“Q. What was the weather like that day? A. It was clear, mild, warm. Q. Had it rained? A. Not that I can recall, sir.”).

  46. p. 205 “Introducing a directional…toward the Phase III nightclub.”

    Steven Fowler, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 43 (“[P]eople that were right there at the store all began shouting and pointing in this direction (indicating) eastbound, this area around here (indicating)”).

  47. p. 205 “At one point…again to an easterly direction.”

    Steven Fowler, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 58–60:

    Q. [by defense counsel James Lawrence, on cross-examination] Now, these people that you saw that were pointing in a general direction, which direction were they pointing in or pointing at, I should say?

    A. Westbound direction.

    Q. Were they pointing—I would assume that there’s another building there close by.

    A. Yes, sir.

    Q. Were they pointing directly at the building or were they pointing out at the—at an angle, say at a 45-degree angle indicating the access road or were they pointing behind that—that small wall that they have there for decorative purposes on each side of the service station?

    A. I didn’t pay that much attention to it.

    Q. Did you notice the witness that you saw there leaning over the body [Kevan Baker], did he point in any general direction or did he point at all?

    A. I—I don’t recall exactly what—I remember—I remember when he stood up, I remember him looking in that direction. I was at the—I was still trying to recover from the drive over there because we went down the wrong way on the expressway running cars off the road trying to get there and Officer [Bill] McCoy was a reserve [officer] and I think it’s the third time I had ever let him drive the patrol car and I had been on top of him ever since we got the call screaming at him and I was at that time still a little hyper about the automobile drive. . . .

    Q. [by prosecutor Steven Schiwetz] So the direction the people were point was which direction?

    A. East.

    Q. A few minutes ago you said “west.” Did you just make a mistake?

    A. I made a mistake. I’m human.

  48. p. 205 “Defense Lawyers…have the manhunt tape.”

    See supra Chapter 11, notes 195–207 and accompanying text.

  49. p. 205 “They didn’t know…half a block to Dodd Street.”

    See supra Chapter 2, notes 40–41, 137–138, 151–152, 178–203 & Table 2.1 and accompanying text.

  50. p. 206 “Further sightings tracked…Domino’s and a Circle K at Kostoryz.”

    See supra Chapter 2, notes 186–187, 206–232 and accompanying text.

  51. p. 206 “Nor did they… lurking around the same Circle K.”

    See supra Chapter 2, notes 207–214 and accompanying text.

  52. p. 206 “Only Deputy Constable…he focused on DeLuna’s arrest.”

    See Ruben Rivera, Nueces County Deputy Constable, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 83–88, 98–108.

  53. p. 206 “He and his partner…pickup truck on Easter Street.”

    Ruben Rivera, Nueces County Deputy Constable, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 100–01 (“We directed our attention to this intersection here which was what the police broadcast put out, subject under a truck in this area . . . . So we either came up one of these streets here and came back to this location and we parked right about here . . . [because] there was a pickup truck that was pulled in a driveway . . . we just kept a foot search down in here and we saw another pickup truck down on this side.”).

  54. p. 206 “Rivera and Varga…yelling that someone was underneath.”

    Ruben Rivera, Nueces County Deputy Constable, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 87 (“Q. What drew your attention to the person underneath it? A. Well, he was barefooted for one and he was—looked like he was hiding and I did hear some people over here shout that the person was underneath the truck and that diverted my attention to it and when I flashed my flashlight up underneath there, I saw some movement.”).

  55. p. 206 “When Rivera…thought were a man’s feet.”

    Ruben Rivera, Nueces County Deputy Constable, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 103 ( “I knelt down and I shined my light up under the truck and I saw someone’s feet up under there. I saw the movement of two human feet.”).

  56. p. 206 “The man didn’t move.”

    Ruben Rivera, Nueces County Deputy Constable, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 87 (“Q. What did you do when you saw the movement under the truck? A. I instructed in a high voice to this person underneath the truck to come out of the truck with his hands up. Q. Did the person come out? A. He was hesitant, but he eventually was brought out.”);

    Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 115–17 (“I saw a suspect lying under the truck on his belly and his head was pointed toward McArdle [north] and his feet were pointed toward Nemec and he was lying there and the deputy constable [Ruben Rivera] had his gun drawn and he was attempting to get the suspect out from under the truck.”).

  57. p. 206 “He saw Constable…vehicle and calling for backup.”

    Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 115–17:

    Q. Now, when you got to—how is it that you came upon Sergeant—Deputy Constable Rivera?

    A. I parked my unit down here by Nemec and I got out and I started walking between houses toward Franklin Street . . . . I climbed over a fence here, and as I landed on the ground I heard Constable—I heard the constable yell out for help, he was yelling at somebody under a truck and his partner was also there on the other side of the truck. . . . I saw a suspect lying under the truck on his belly and his head was pointed toward McArdle [north] and his feet were pointed toward Nemec and he was lying there and the deputy constable had his gun drawn and he was attempting to get the suspect out from under the truck. . . . [Schauer and Rivera then] pulled the suspect out . . . by the arms.

    See also Mark Schauer, Corpus Christi Police Officer, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 105–07 (describing Schauer’s actions leading up to and during the arrest).

  58. p. 206 “Schauer noticed that there was a man under the truck and rushed over.”

    Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 116 (“I saw a suspect lying under the truck on his belly and his head was pointed toward McArdle [north] and his feet were pointed toward Nemec and he was lying there and the deputy constable had his gun drawn and he was attempting to get the suspect out from under the truck”);

    see also Mark Schauer, Corpus Christi Police Officer, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 106 (“I came to Officer or Constable Rivera’s side there, and I saw a suspect laying under the truck.”).

  59. p. 206 “Together, Schauer and Rivera…from underneath the truck…”

    Ruben Rivera, Nueces County Deputy Constable, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 87, 105 (“Q. When you say ‘brought out’ [from under the truck], did he [the suspect] come out voluntarily or did you have to help him? A. No, sir, myself and another police officer with the city helped him out.”; “[I grabbed] [o]ne part of his body, I can’t remember which, the other officer grabbed the other and we pulled him out.”);

    Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 117 (describing how he and Constable Rivera “pulled the suspect out . . . by the arms”);

    see also Mark Schauer, Corpus Christi Police Officer, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 105–07 (“I grabbed one arm and Constable Rivera grabbed the other arm and pulled him out.”).

  60. p. 206 “shoeless, shirtless, and smelling of beer.”

    Ruben Rivera, Nueces County Deputy Constable, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 88–89 (“He [the suspect] was wearing a blue jeans [sic—black slacks were confiscated from DeLuna], no shirt, he was soaking wet, and he wore—for footwear, he wore socks and that was it. . . . [H]e smelled of alcoholic beverages of some kind . . . possibly beer.”);

    see also Steve Schiwetz, Prosecutor, Opening Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 15 (previewing Rivera’s testimony that the suspect “smelled of beer”).

  61. p. 206 “The only words that DeLuna could muster were ‘Don’t shoot. Don’t hurt me.’”

    Ruben Rivera, Nueces County Deputy Constable, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 104 (“He didn’t come out the first time or the second time that I shouted at him. I approached the truck after I heard him say, ‘Don’t shoot’ or ‘don’t hurt me,’ or something of that nature. I saw he was not armed and I holstered my weapon . . . .”).

  62. p. 206 “Responding to Assistant…’he wouldn’t shut up.’”

    Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 128–29:

    Q. Well, how was he [DeLuna]—what was the actions, without telling us what he said, if anything, what were his—the demeanor and characteristics when you pulled him out when you had him there on the grass before you took him back to the station?

    A. He was real hyperactive, real tense, very—very talkative, he kept talking. I mean, he wouldn’t shut up, he kept talking and his—he had kind of a stare in his eyes like a—it’s hard to describe, but it was a stare like a glare in his eyes, like an animal might have, it was that kind of look in his eyes, that kind of stare. And he also had—he constantly wore kind of a smile on his face, like a smirk.;

    See also Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 134 (describing DeLuna in the hours after his arrest as “hyperactive and . . . very talkative . . . he kept sitting near the edge of his bench and he still had that look in his eyes and he kept talking, he kept asking me repetitive questions, he kept asking me for cigarettes or he kept asking me different questions about this or that”).

  63. p. 206 “‘He had a kind of…like an animal might have.’”

    Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 129 (“[H]e had kind of a stare in his eyes like a—it’s hard to describe, but it was a stare like a glare in his eyes, like an animal might have . . . . And he also had—he constantly wore kind of a smile on his face, kind of a smirk.”).

  64. p. 206 “Accompanying the stare, he said, ‘was a constant [ ]…smile on his face, kind of a smirk.’”

    Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 129 (“He [DeLuna] was real hyperactive, real tense, very—very talkative, he kept talking. I mean, he wouldn’t shut up, he kept talking and . . . he also had—he constantly wore kind of a smile on his face, like a smirk.”).

  65. p. 206 “There were ‘long scratches’ on the right side of DeLuna’s torso, Schauer said.”

    Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 118–19 (describing “several long scratches under his—the right part of his body . . . (indicating)” which “appeared to me to be like fingernail scratches or something sharp that was even, that was parallel to one another”).

  66. p. 207 “During his cross-examination…second report written days later.”

    Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 138–40:

    Q. The original supplemental report that you wrote, you have had time to refresh your memory with it, didn’t have anything about fingernail scratches or anything of that nature, did it?

    A. I would have to—have to look it over again, sir.

    Q. Do you recall if that first supplemental report had anything about an animal stare that my client was alleged to have had?

    A. No, sir, I could remember that.

    Q. That wasn’t in your first report?

    A. I didn’t write that down.

    Q. That’s right, that’s just something you have added here today; is that right?

    A. That’s right. . . .

    Q. At that point in time, you didn’t add anything about alcohol on the breath, did you?

    A. No, sir, because still—at that time I still couldn’t recall smelling anything on his breath.

  67. p. 207 “Schauer reported…’to my [second report].’”

    Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 138–40.

  68. p. 207 “Toward the end…at night as the bouncer.”

    Thomas Mylett, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 159–60 (describing his part-time work at the Casino Club on South Port as a bouncer, where he wore his Corpus Christi Police Department uniform, and noting that he came in contact there with Carlos DeLuna);

    see Thomas Mylett, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 464–65 (testifying that he remembered DeLuna from the Casino Club in 1983).

  69. p. 207 “Armando Garcia…shirt and shoes in his yard.”

    Armando Garcia, Resident of Neighborhood Where Manhunt Occurred, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 180–82.

  70. p. 207 “Prosecutors showed the jury…when he was arrested.”

    State’s Ex. 11, Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 83–84 (introducing map of streets and houses between the points where Esther Barrera saw a man underneath her pick-up truck on Easter Street near Nemec and where Constable Ruben Rivera encountered Carlos DeLuna under a pick-up truck on Franklin Street near Nemec).

  71. p. 207 “Infante didn’t get any fingerprints…by the killer.”

    Joel Infante, Corpus Christi Police Identification Technician, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 189–205;

    see supra Chapter 10, notes 139–176 and accompanying text.

  72. p. 207 “Wilson didn’t actually…was too ‘poor.’”

    Ernest Dave Wilson, Corpus Christi Police Fingerprint Examiner, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 333–45 (testifying that the fingerprints that Officer Infante had lifted were “very, very bad quality”);

    see supra Chapter 10, note 169 and accompanying text; see supra Chapter 12, notes 7–9 and accompanying text.

  73. p. 207 “…and the cigarette pack…”

    Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 305–08;

    State’s Ex. 30, Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 306;

    State’s Ex. 35, Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 306;

    see also Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 299 (“I saw that there was a package of cigarettes, Winston cigarettes on top of the counter.”).

  74. p. 207 “…photographs that Infante had taken at the scene.”

    Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 300–09 (discussing State’s Exhibit 18, which is Crime Scene Photograph 25500010, Corpus Christi Police Dep’t (Feb. 4, 1983)

    (showing portion of the clerk’s area inside the store with some of the blood visible on the floor);

    State’s Ex. 25, Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 303, which is Crime Scene Photograph 25500006, Corpus Christi Police Dep’t (Feb. 4, 1983)

    (showing blood on the console behind the clerk’s counter that controls the gas pumps and some money left inside the cash drawer);

    State’s Ex. 26, Trial Transcript, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 303, which is Crime Scene Photograph 25500013, Corpus Christi Police Dep’t (Feb. 4, 1983)

    (similar; also showing blood on the outside of the cash drawer and cash bills on the floor);

    State’s Ex. 31, Trial Transcript, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 300–01, which is Crime Scene Photograph 25500004, Corpus Christi Police Dep’t (Feb. 4, 1983)

    (showing a small area of blood drops on the floor inside the store just inside the front door, but not showing any of the bloody footprints);

    State’s Ex. 32, Trial Transcript, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 300–01, which is Crime Scene Photograph 25500021, Corpus Christi Police Dep’t (Feb. 4, 1983)

    (similar but showing wider area of blood drops on the floor inside the front door);

    State’s Ex. 33, Trial Transcript, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 300–01, which is Crime Scene Photograph 25500031, Corpus Christi Police Dep’t (Feb. 4, 1983)

    (similar to State’s Exhibit 26 but taken earlier when the knife was still on the floor underneath the cash drawer));

    Steven Fowler, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 47–49, 60–61 (discussing State’s Ex. 4, Trial Transcript, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 47–49, which is Crime Scene Photograph 25500033, Corpus Christi Police Dep’t (Feb. 4, 1983)

    (showing front of gas station store from outside);

    State’s Ex. 5, Trial Transcript, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 47–49, which is Crime Scene Photograph 25500034, Corpus Christi Police Dep’t (Feb. 4, 1983)

    (showing same and medical technicians working on Wanda Lopez);

    State’s Ex. 9, Trial Transcript, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 60–61, which is Crime Scene Photograph 25500022, Corpus Christi Police Dep’t (Feb. 4, 1983)

    (showing Kevan Baker’s Mercury Cougar parked near gas pumps in front of the gas station store);

    State’s Ex. 10, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 72, which is Crime Scene Photograph 25500026, Corpus Christi Police Dep’t (Feb. 4, 1983)

    (showing grassy area behind the ice machine and gas station with three beer cans on the ground)).

  75. p. 207 “…from behind the clerk’s counter…”

    See Crime Scene Photograph 25500028, Corpus Christi Police Dep’t (Feb. 4, 1983);

    Crime Scene Photograph 25500030, Corpus Christi Police Dep’t (Feb. 4, 1983);

    see supra Chapter 10, notes 116, 125–134 and accompanying text & Figure 10.7.

  76. p. 208 “…storeroom floor and sidewalk outside the store…”

    See Crime Scene Photograph 25500033, Corpus Christi Police Dep’t (Feb. 4, 1983);

    Crime Scene Photograph 25500037, Corpus Christi Police Dep’t (Feb. 4, 1983);

    supra Chapter 10, notes 116–124 and accompanying text & Figures 10.5, 10.6. A version of Crime Scene Photograph 25500032 was made an exhibit at the DeLuna trial, see State’s Ex. 4, Trial Transcript, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 47–49,

    but in the photocopy of the exhibit in the available trial record, the photograph appears to have been cropped slightly on the left and right sides in a way that excised the possible bloody shoe prints on the sidewalk outside the store that appear on the bottom right corner of the original photograph. In any event, no mention of those prints was made in any police report or in any testimony at Carlos DeLuna’s trial.

  77. p. 208 “…gum someone had spat out on the floor…”

    See Crime Scene Photograph 25500008, Corpus Christi Police Dep’t (Feb. 4, 1983);

    Crime Scene Photograph 25500015, Corpus Christi Police Dep’t (Feb. 4, 1983);

    Crime Scene Photograph 25500019, Corpus Christi Police Dep’t (Feb. 4, 1983);

    supra Chapter 10, notes 105–109 and accompanying text & Figure 10.3.

  78. p. 208 “…Escobedo herself trampling evidence…”

    See Crime Scene Photograph 25500019, Corpus Christi Police Dep’t (Feb. 4, 1983);

    supra Chapter 10, notes 98–99, 105 and accompanying text & Figure 10.3; see also Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) 03:12:39–3:13:38 (describing Rene Rodriguez’s discussion with Boudrie, while she was covering Rodriguez’s lawsuit on behalf of the Vargas family against Diamond-Shamrock for a local TV station, about the “shoddy police work” he had uncovered while preparing the civil case for trial, including “Olivia Escobedo . . . stepping around in the evidence” and “that something had been contaminated”).

  79. p. 208 “…walls and cabinets behind the counter.”

    See Crime Scene Photograph 25500007, Corpus Christi Police Dep’t (Feb. 4, 1983);

    Crime Scene Photograph 25500008, Corpus Christi Police Dep’t (Feb. 4, 1983);

    Crime Scene Photograph 25500031, Corpus Christi Police Dep’t (Feb. 4, 1983);

    supra Chapter 10, notes 32–64 and accompanying text & Figure 10.1.

  80. p. 208 “The defense lawyers…lawsuit four years later.”

    See supra Chapter 11, notes 216–225 and accompanying text.

  81. p. 208 “Finally, chemist Donald Thain…in his pocket.”

    Donald Thain, Texas Dep’t of Public Safety Blood Analyst, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 366–73 (“Q. And did you inspect these shoes to see if they had any blood on them? A. Yes. Q. And did they? A. No. . . . Q. Okay. Did you inspect this shirt to see if it had blood on it? A. Yes. Q. Were you able to determine if there was any? A. I could find no blood on it. . . . Q. Did you inspect these pants to see if you could find any blood on them? A. Yeah. I could find no blood on them.”; testifying to the same conclusion with regard to the cash found on DeLuna’s person at the time of his arrest);

    Stipulation of the Parties, Trial Transcript, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 331 (“The State has announced that its intention is to call Mr. Don Thain . . . of the [Texas Department of Public Safety], whose testimony will be to the effect that there was no blood found on any of these items [of clothing belonging to Carlos DeLuna and the cash found on his person].”).

  82. p. 208 “Thain: ‘It would…go out pretty good.’”

    Donald Thain, Texas Dep’t of Public Safety Blood Analyst, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 370–71.

  83. p. 208 “Schiwetz asked…regarding DeLuna’s shoes.”

    Donald Thain, Texas Dep’t of Public Safety Blood Analyst, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 370 (“Q. Presume for a moment that as a hypothetical matter that these [shoes] did have some blood on them, on the bottoms, and that a person wearing them then ran several blocks and that at least portions of the area where he was running had water in the gutters and the like and he stepped in it. Would that have any effect on whether you found blood on it or not? A. Well, fresh blood, particularly if it hadn’t dried yet, would come off very easily in water.”).

  84. p. 208 “Cross-examined by Lawrence…kinds of porous cloth.”

    Donald Thain, Texas Dep’t of Public Safety Blood Analyst, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 372–73:

    Q. Sir, how long does it take for blood to dry?

    A. It depends on a number of variables. One is say how humid it is; two is how thick or how much blood, is it just a light smear or is it a very heavy clot . . . .

    Q. Well, could you give me a time frame, seconds, minutes?

    A. It—as I say, it depends. A very light smear would dry I suppose within a few minutes on a hot, dry day and blood which is in a very humid condition perhaps wouldn’t dry at all.

    Q. Is blood itself one of the most difficult stains to get out of clothing?

    A. . . . If a blood stain is dried on clothing and it’s allowed to stay there for a good length of time, it probably wouldn’t come out with water . . . . Well, like, for instance the shoes, the plastic part [into] which [blood] wouldn’t penetrate, it would probably be less adherent to other parts of it than, say [to parts] which are cloth and it would penetrate and be—it wouldn’t come out quite as easily. . . .[T]he shoe lace is porous and it would penetrate . . . .

  85. p. 209 “Early Monday morning…identification at the scene.”

    Steven Fowler, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 42 (“I advised him [Officer Mejia] to grab every witness he could and take them over beside the side of the station and isolate them and try to get some information and put out a BOLO as quick as he could.”);

    Bruno Mejia, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 66, 67–68 (“Okay, at that point, there were several people starting to crowd around. I asked each and every one of them if they had seen anything and if they didn’t, to please leave, that this was a crime scene and we could not disturb it in any way and I then secured the witnesses who were there at the scene.”; “we try to get—there was a suspect, where it was male or female, that’s very important; whether there was a vehicle involved or not . . . then I find out what he was wearing, what he looked like, get a physical on him; all this information is being fed to me by the witnesses, and then as soon as they give it to me, I put it over the air”).

  86. p. 209 “…squad car was the same one…”

    George Aguirre, Witness to Events Outside Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 229–30 :

    Q. Now, how is it that you went over to see the man?

    A. I went over there and they had him standing up and they had flashlights to him and they told me if I had seen him before and I identified him as the guy I had seen earlier.

    Q. Did they tell you or did they ask you?

    A. They asked me. . . .

    Q. Now, was there anything different about the man the second time you saw him from the first time you saw him?

    A. He didn’t have a shirt on.

    Q. Was that the only difference?

    A. Yeah.

    Q. Are you sure the man you saw there that the police showed to you was the same man you had seen earlier?

    A. Yes.

    Q. Any doubt in your mind?

    A. No.

  87. p. 209 “…Aguirre for a ride to the Casino Club.”

    George Aguirre, Witness to Events Outside Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 222–23, 225–26 (“Q. Did you notice anything else about this particular individual? A. That when I was looking at him, you know, through the corner of my eye, I saw him putting a knife in his left pocket open, the blade was—I saw him holding it by the blade and putting it in his left pocket.; “Q. Now, did the man say anything to you? A. He was asking for a ride to the Casino Club on Port. Q. Can you tell the Jury approximately what he did say? A. He asked me like if I could give him a ride to the Casino Club on Port and told me he would give me money or drugs or, you know, whatever I needed, beer, anything.”).

  88. p. 209 “But at an earlier hearing…with his lawyers.”

    See supra Chapter 3, note 111 and accompanying text.

  89. p. 209 “On the manhunt tape…shirt and blue jeans.”

    Bruno Mejia, Corpus Christi Police Officer, Supplementary Report (Feb. 4, 1983) at 2 (“I contacted Witness #2, George Aguirre, who advised me that . . . he observed a Hispanic male, approximately 5’7″ to 5’9″, wearing a white shirt (long-sleeve), untucked, and dark pants.”);

    George Aguirre, Witness to Events Outside Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“Hispanic male, five feet ten inches tall, one hundred and seventy-five pounds, dark hair, about twenty three or twenty four years old. He had on blue pants and I think a white long sleeve shirt.”);

    see supra Chapter 2, notes 79–81 and accompanying text (discussing Mejia’s BOLOs, at 8:16:36, 8:22:32, and 8:32:09 p.m., which include additional information—evidently from Aguirre because it conflicts with Baker’s consistent description that night of a grey sweatshirt and red flannel jacket, and the Arsuagas’ consistent descriptions of a white button-down dress shirt, and is consistent with Aguirre’s written statement and Officer Mejia’s contemporaneous written description of what Aguirre told him—that the shirt the suspect was wearing was a “white long-sleeve T-shirt“); supra Chapter 2, Table 2.1 (documenting Aguirre’s changing descriptions of the clothing of the man he saw, which originally referred to a white long-sleeve t-shirt and blue jeans, consistent with the descriptions given throughout by Kevan Baker, but later changed to a long-sleeve button-up shirt with rolled up sleeves and black or dark blue pants, tracking the descriptions given throughout by John and Julie Arsuaga).

  90. p. 209 “…with the insistent Julie and John Arsuaga…”

    See supra Chapter 2, notes 80 & Table 2.1 (charting the changes in Aguirre’s descriptions from the night of the killing, when they were similar to Baker’s descriptions, until Aguirre testified at a pretrial hearing and at trial, by which point his descriptions tracked the Arsuagas’).

  91. p. 209 “…’dark blue’ or ‘black’ pants.”

    George Aguirre, Witness to Events Outside Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 224, 235–36 (“A. Like a dark blue pants or black, it was a dark color, and a white shirt rolled up to the elbows.”; “A. The shirt was a white one, long sleeves that was rolled up to the elbows. Q. Okay, Could you tell more or less what type of a shirt? By that I mean was it a dress shirt, a sport shirt? A. Like a button-up. Q. It would be just a regular white shirt that a person would wear and maybe put a tie on? A. Yeah. Q. A white dress shirt. Did it have any colors in it? A. No, it was white.”);

    see also George Aguirre, Witness to Events Outside Shamrock Gas Station, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 20 (“A. Black pants like—what is it, double knit like black double knit pants. . .Q. What kind of shirt was he wearing? A. A white one. The sleeves, I don’t know if they were short sleeves or what, but they were—it was like rolled up past the elbow . . . . [I]t was a button-up.”).

  92. p. 209 “Lawrence did question…driving at expressway speeds.”

    George Aguirre, Witness to Events Outside Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 227–28 (“Q. What did you do [after speaking with Wanda Lopez]? A. I got in my van and I got on SPID—well, I got on SPID on the access road and came underneath down by Ayers and went under the underpass and got back on the freeway going towards the mall and when I was passing by, I saw that—the person I was talking about earlier struggling with the lady that was working at the Shamrock. Q. You could see that from the—A. From the other side of the freeway, I looked across and I saw them.”);

    George Aguirre, Witness to Events Outside Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 232–33:

    Q. After you left the Sigmor and drove back under Ayers and came back heading east on SPID, did you look over toward the Sigmor Service Station?

    A. Yes.

    Q. Could you—did you have a good view from the—the roadway there?

    A. Yes. . . .

    Q. And how fast were you going, sir?

    A. Sir, I was just getting on the freeway.

    Q. Okay. And I’m sure you were looking over there and you were looking at traffic and you were looking where you were going to, at the same time; would that be fair to say?

    A. Well, I was looking at the Shamrock because, you know—

    Q. Okay. I realize that, but you were also—you had your attention on getting on the freeway and not having a wreck and driving in the right lane, weren’t you?

    A. Yeah.

    See supra Chapter 2, note 87 (describing the implausibility of Aguirre’s testimony, given the layout of the SPID freeway and its relationship to the gas station).

  93. p. 209 “He identified DeLuna…past the Phase III nightclub.”

    John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 250 (“Q. Do you see that man in the courtroom today? A. Yes, I do. Q. Could you point him out for the Jury? A. Third over from the left. Mr. Schiwetz: Could the record reflect the Defendant is sitting third over from the left, Your Honor? The Court: (Nods head affirmatively.)”).

  94. p. 209 “He explained that…six Hispanic males.”

    John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 248–50:

    Q. Now, can you tell the Jury how she showed you those pictures, the way she showed them to you?

    A. Well, she showed me a folder, it had six pictures in it, they were two across three down.

    Q. Now, when she showed you these photographs, did she tell you which one to pick out?

    A. No, she didn’t.

    Q. Did she give you any kind of help at all?

    A. No.

    Q. Did she make any kind of suggestions as to who you should pick out?

    A. No.

    Q. Did they say the other witnesses have picked out this guy or that guy or anything like that?

    A. No, she didn’t.

    Q. The pictures you looked at, these six pictures, were they all of the same sex?

    A. Yes, they were.

    Q. And what sex is that?

    A. Male.

    Q. Were they all of the same ethnic origin?

    A. Yes, they were.

    Q. And what was that?

    A. Hispanic.

    Q. Were they all approximately the same age?

    A. Yes.

    Q. Did they have other distinguishing characteristics that were similar?

    A. Facial hair.

    Q. Did they all have some facial hair or no facial hair or full beards or what?

    A. They all had a fair amount of facial hair.

    Q. Okay, when you say “fair amount,” do you mean they had full beards or they had little moustaches or goatees or what? Do you recall?

    A. I can’t really be sure.

    Q. Were you able to pick out one of the photographs?

    A. Yes, I was.

    Q. And whose photograph was it?

    A. Carlos De Luna’s.

    Q. Now, that photograph, are you sure the photograph you picked out was the same man that you had seen running earlier that night?

    A. Yes, I was.

    Q. Do you see that man in the courtroom today?

    A. Yes, I do.

    Q. Could you point him out for the Jury?

    A. Third over from the left. Mr. Schiwetz: Could the record reflect the Defendant is sitting third over from the left, Your Honor?

  95. p. 209 “John was ‘sure’…’running earlier that night.’”

    John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 250 (answering “yes” when asked if he were “sure the photograph [he] picked out was the same man [he] had seen running earlier in the night”).

  96. p. 209 “As usual…”

    See supra Chapter 2, notes 98–99 and accompanying text.

  97. p. 209 “…’black or dark blue’ slacks.”

    Julie Arsuaga, Witness to Man Running Near Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 349:

    Q. Were you able to see what kind of pants he was wearing or what color they were?

    A. Uh-huh.

    Q. What color were they?

    A. I mean I can’t say the exact color, but they were either black or dark blue and they were, you know, the kind of pants that you wear like if you were working in a garage or something.

    Q. And what color was the shirt, if you recall?

    A. White.

    Q. Was it a T-shirt, a long sleeve shirt, what?

    A. It was like a shirt that you would wear with—kind of like—you know, a blouse and the sleeves were folded up and it was untucked and, you know, because I could see the side of it, you know, going beside him as he was running.

    See also John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Statem`ent to Corpus Christi Police Dep’t (Feb. 4, 1983) (describing the man he saw running east away from the Sigmor station: “he was wearing a light colored shirt; dark colored slacks”);

    Bruno Mejia, Corpus Christi Police Officer, Supplementary Report (Feb. 4, 1983) at 1–2 (“I then contacted Witness #1, Kevin Baker, who advised me that [he saw a] . . . Hispanic male, approximately 5’7″ to 5’9″, wearing a light colored shirt and dark pants. I contacted Witness #2, George Aguirre, who advised me that . . . he observed a Hispanic male, approximately 5’7″ to 5’9″, wearing a white shirt (long-sleeve), untucked, and dark pants. I then contacted Witnesses #3 and #4, John and Julie Arsuaga, who were together . . . they both advised me that they observed a Hispanic male, approximately 5’7″ to 5’9″, dark hair, wearing a white long-sleeve shirt untucked and unbuttoned, running across the Phase III parking lot”);

    Julie Arsuaga, Witness to Man Running Near Shamrock Gas Station, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 92:

    He [the man she saw running east away from the Shamrock station] was wearing dark pants . . . it was dark pants like, you know, work pants that you would wear maybe if you were working in a gas station or something like that, and a white shirt that was open; you know because I could see the side of it, kind of flapping back a little bit, might not have been completely unbuttoned, but close to the bottom it was. The sleeve was rolled up, it was a white, you know, blouse-style shirt, you know, something like what you have on.

    See also Bruno Mejia, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 69–70 (describing the “third description” of the shirt worn by the suspect that he received from witnesses that night, which was from “[t]he Arsuagas, Mr. and Mrs. Arsuaga”: a “white long sleeve shirt, untucked”).

  98. p. 209 “John’s description had been similar.”

    John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 251 (“Q. How was he dressed that particular night when you saw him running across that parking lot? A. He had like uniform slacks on with a light colored, long sleeve shirt.”);

    see also John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 68 (“He was wearing dark slacks like a uniform-type with a light colored shirt, long sleeve.”).

  99. p. 210 “Again, however…Kevan Baker saw fleeing the store.”

    See supra Chapter 2, notes 146–154, 162–163 and accompanying text; Chapter 11, notes 201–210 and accompanying text.

  100. p. 210 “Instead…photo identification of DeLuna.”

    See portions of cross-examination of witnesses John and Julie Arsuaga and Olivia Escobedo and closing argument of James Lawrence cited and quoted supra Chapter 11, note 212.

  101. p. 210 “…urged the reluctant witness…”

    See supra Chapter 2, note 8 and accompanying text.

  102. p. 210 “…’slow down’ so the jury could follow him.”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 265–66 (“Q. When you pulled in, can you tell the Jury what you did. A. [lengthy answer presented in a single sentence] . . . . Q. Okay. You need to slow down just a little bit and let me ask the questions. A. Okay. Q. And give me one answer at a time. A. Okay. Q. Are you a little nervous? A. Yes. Q. Just try and slow it down a little bit and we will get it all out. All right? A. Okay.”).

  103. p. 210 “Calming himself…struggling to break free of his grasp.”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 278–79 (“Q. Do you see him in the courtroom today? A. Yes. sir. Q. Okay. Could you point him out for the Jury? A. The gentleman that’s sitting right here in front of me (indicating). Q. Okay, what’s he wearing? A. A blue blazer, yellow shirt, tie. Q. There’s two of us wearing blue blazers, yellow shirt and ties. A. Okay, the gentleman next to the man with the tan suit on. Mr. Schiwetz: Could the record reflect he has identified the Defendant, Your Honor? The Court: All right”).

  104. p. 210 “Baker said that when he identified…Wanda’s attacker.”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 278 (“Q. Now, when you got over there, did they show somebody to you? A. Yes, sir. Q. And were you able to identify the person? A. Yes, sir. . . . Q. Was it the same person you had seen earlier? A. Yes, sir. Q. Are you sure? A. Yes, sir.”).

  105. p. 210 “…attacker wore a red flannel jacket…”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 276–77 (“Q. And do you remember what kind of description you did give them [the police]? A. Yes, I said something red with flannel or something flannel with red in it . . . .”).

  106. p. 210 “…had the unkempt look of a ‘transient’…”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 286 (“Q. That person that you had seen earlier at the station, would you describe him as a—looking like a transient? A. Yes, sir, I would. Q. A transient being a person that—well, what is a transient to you? A. To me a transient is somebody unshaven, I mentioned looking hungry, clothes weren’t all, you know, really pressed or super neat and clean.”); see Kevan Baker, Eyewitness to Attack on Wanda Lopez, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 41–42 (“That night I saw him I would say he had been someone who had been on the street and was very hungry. Q. Okay. Would you describe in these words the man that you saw on the 4th of February as maybe a transient? A. Yes. More so than a local citizen”; “the night I saw him he looked like a transient”).

  107. p. 210 “…sported a mustache…”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 273–74 (“Q. Did you notice any facial hair? A. Yes. Q. How much? A. Quite a bit. Q. Okay, describe it for us. A. [T]o me it looked like he was either starting a beard or that was—you know, he just hadn’t shaved in, you know, ten days, a couple weeks. Q. Did he have a moustache? A. Yes . . . .”).

  108. p. 210 “…was in his mid-twenties…”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 274 (giving the man’s age as “Twenty four, 26.”).

  109. p. 210 “…going north ‘behind’ the Sigmor.”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 281–82:

    A. He ran to the left—it would be to my right or to his left in an easterly direction. . . .

    Q. Now do you remember making a statement in this particular case, giving the police a statement?

    A. In the sense of afterwards and going down town—

    Q. Yeah.

    A. —yes, sir.

    Q. And it was basically that same night, was it not?

    A. Yes, sir.

    Q. Okay. Do you recall in your statement that you said that the person, after he got out the door and talked to you, that you said he ran off behind the station?

    A. Yes, sir.

    Q. Okay. Behind the station, when we use the word “behind,” we’re talking about the back and now you’re saying he’s moving eastward.

    A. Yes, sir.

    Q. Or did he go eastward and then turn around and go up the—behind the station.

    A. I would say you said it correctly that time.

  110. p. 210 “Baker volunteered…saw running out of the store.”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 278 (“Q. Was there anything different about this person when you saw him the second time from the time you saw him the first time? A. Yes, sir, he had more scratches on him or had scratches on him and no shirt.”).

  111. p. 210 “…the ‘kind’ of shirt the attacker wore…”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 272, 273–74 (“Q. What kind of shoes was the man wearing? A. I have no idea. Q. What kind of pants? A. No idea. Q. Shirt? A. No idea.”; “A. Apparently, to me it looked like he was either starting a beard or that was—you know, he just hadn’t shaved in, you know, ten days, a couple weeks. Q. Did he have a moustache? A. Yes, he had—the most hair he had on his face was the moustache area.”);

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 276–77:

    Q. Were you able to give them any kind of a description as to what he was wearing?

    A. Yes, I tried to, but I just don’t really remember, you know, if it was right or not, you know, because I was trying to be helpful as much as possible.

    Q. And do you remember what kind of description you did give them?

    A. Yes, I said something red with flannel or something flannel with red in it and dark pants.

    Q. When you say “flannel,” what do you mean by that?

    A. Well, I couldn’t—you know, I don’t know what else to describe something with red in it, it wasn’t really a red T-shirt that I saw, you know, with red in it or something like that, it was—seemed more like a shirt to me.

    Q. Do you really have any kind of recollection about what kind of shirt the man was wearing?

    A. Not really, no.

    Q. Do you remember what his face looked like, though?

    A. Yes, sir.

  112. p. 210 “…after exiting the door and turning ‘east.’”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 270 (“The gentleman [assailant] had the lady—apparently knew I was there and trying hard to get her into the back of the store and as I turned and saw them and started walking toward the door, he threw her down and proceeded to meet me at the door. . . . We just looked each other face to face and he made the comment, ‘Don’t mess with me,’ and proceeded to run around the door. I was standing here on the curb or just off the curb and he come around and said, ‘Don’t mess with me,’ and took off in an easterly direction.”);

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 271 (“Q. Did you actually see where he went? A. No, I didn’t.”).

  113. p. 210 “As one witness…Newswatch 10 viewers.”

    Transcribed Videotape of TV Station Archive Tapes on Wanda Lopez Homicide, KZTV Channel 10, Feb. 4, 1983 Archive Tape on Wanda Lopez Homicide, Vargas v. Diamond Shamrock, No. 84–4951-D, 86–5900-D (Nueces Cty., 105th Dist. Tex. 1988) at segment 3 (“20-year-old Carlos DeLuna sat calmly, taking notes on a legal pad as the witnesses testified.”).

  114. p. 210 “‘…question it as much’ as the defense…”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 1:25:28 (“I had a tendency, I think, at that time, to be very much believing of the prosecution, not wanting to question it as much. I didn’t understand what Brady material was and things like that, that I might have dug a little bit harder down the road.”).

  115. p. 211 “‘…whoever ran by ran by really quickly.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:05:24:

    I remember thinking that, in some respects, that all they had was witness identification. I remember reporting and all the same, boy, he ran by, and whoever ran by ran by really quickly. And for people to identify him, could I do that? I don’t know that I could. I mean, I’m coming to this town for the first time, being immersed in the Hispanic culture. I’ve never met that many Hispanic people. And I’m thinking, if I was there in the gas station and I see a Spanish guy running by, would I be able to I.D. him? I don’t know. But I remember thinking that’s some pretty flimsy evidence. But none of us knew at that time that there were actually conflicting witness statements. That never came out. And to hear that later just really, really bothers me. It absolutely bothers me that the defense never had the opportunity to put a case on with that as the crux of it, to really be able to attack the witness identification. But in any event, I remember thinking that that was amazing, that that’s all they had. But the fact that they caught him hiding nearby, under a car, you started to think he was there, they caught him hiding nearby.

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 2:15:38–2:19:00:

    Q. I want you to take us . . . through your impression of the eyewitnesses. How much evidence you thought was there from what the eyewitnesses themselves were able to see and do.

    A. It’s funny that you’re asking me because . . . More so than any other trial I have ever covered, I remember where they say the witnesses were standing. I can visualize the Diamond Shamrock station as if I’m facing the front of it, off to the right. And there was one witness over here who says Carlos ran this way towards them, or Carlos Hernandez, whichever person they thought they saw. I can remember visualizing where they supposedly were when they saw it. I guess I was really trying to figure out what kind of a glimpse, or how long they would have really seen this person. It’s funny that you ask me that, because I remember that. I remember thinking, and being out there, shooting the store myself, standing where they were and thinking, how good a look of them would they have gotten at night, and this is kind of flimsy. I remember putting myself in their shoes and trying to get a perspective of how they would have seen him and what kind of look they would have gotten. I remember visualizing that. Because that was the—it—that was the crux of the prosecution’s case, that they identified, supposedly, Carlos DeLuna. I remember the defense did ask, “It was a few seconds, are you positive?” I remember those types of question[s]. And yet, he was still convicted.

    Q. At the end of the day, what did you conclude about the quality, the reliability, or the impressiveness of the eyewitness identification?

    A. . . . [A]t the time, I do remember, at the end of the day, being doubtful. I still think, despite being green and being more understanding about witnesses now, I had some doubt that these were good I.D.’s. I don’t think they were that convincing. And they were so brief. And I remember thinking, I’m glad I’m not on the jury convicting this guy.

  116. p. 211 “Boudrie recalled…’supposedly were when they saw it.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 2:15:38:

    More so than any other trial I have ever covered, I remember where they say the witnesses were standing. I can visualize the Diamond Shamrock station as if I’m facing the front of it, off to the right. And there was one witness over here who says Carlos ran this way towards them, or Carlos Hernandez, whichever person they thought they saw. I can remember visualizing where they supposedly were when they saw it. I guess I was really trying to figure out what kind of a glimpse, or how long they would have really seen this person. It’s funny that you ask me that, because I remember that. I remember thinking, and being out there, shooting the store myself, standing where they were and thinking, how good a look of them would they have gotten at night, and this is kind of flimsy. I remember putting myself in their shoes and trying to get a perspective of how they would have seen him and what kind of look they would have gotten. I remember visualizing that. Because that was the—it—that was the crux of the prosecution’s case, that they identified, supposedly, Carlos DeLuna.

  117. p. 211 “‘How good a look…’ she remembered thinking.”

    See supra note 116.

  118. p. 211 “‘I don’t know.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:05:24:

    I remember thinking that, in some respects, that all they had was witness identification. I remember reporting and all the same, boy, he ran by, and whoever ran by ran by really quickly. And for people to identify him, could I do that? I don’t know that I could. I mean, I’m coming to this town for the first time, being immersed in the Hispanic culture. I’ve never met that many Hispanic people. And I’m thinking, if I was there in the gas station and I see a Spanish guy running by, would I be able to I.D. him? I don’t know. But I remember thinking that’s some pretty flimsy evidence.

  119. p. 211 “‘…That always bothered me.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 2:19:00 (“And another thing always stood out in my mind—no fingerprints. I think that would have made it a lot easier, if there were fingerprints. But there wasn’t that one bit of evidence that would have really said, ok, he was in there, which Carlos. That always bothered me. I thought, boy, I sure wish they had fingerprints.”).

  120. p. 211 “It ‘was amazing, that that’s all they had.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:05:24, 02:17:53, 02:11:29 (“I remember thinking that, in some respects, that all they had was witness identification. . . . I remember thinking that’s some pretty flimsy evidence . . . [and] that that was amazing, that that’s all they had.”; “[A]t the time, I do remember, at the end of the day, being doubtful. I still think, despite being green and being more understanding about witnesses now, I had some doubt that these were good I.D.’s. I don’t think they were that convincing. And they were so brief. And I remember thinking, I’m glad I’m not on the jury convicting this guy.”; “But I remember I wouldn’t want to be on the jury to decide this. He was hiding nearby, and he was identified by one or two witnesses who saw him for a fraction, for one or two seconds. What they had was great, titillating, sensational evidence, but they didn’t have a lot for Carlos.”).

  121. p. 211 “DeLuna…beating this thing with the jury.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:11:29, 02:17:53 (“But I remember I wouldn’t want to be on the jury to decide this. He was hiding nearby, and he was identified by one or two witnesses who saw him for a fraction, for one or two seconds. What they had was great, titillating, sensational evidence [referring to the 911 recording], but they didn’t have a lot for Carlos.”; “[A]t the time, I do remember, at the end of the day, being doubtful. I still think, despite being green and being more understanding about witnesses now, I had some doubt that these were good I.D.’s. I don’t think they were that convincing. And they were so brief. And I remember thinking, I’m glad I’m not on the jury convicting this guy.”).

  122. p. 211 “Even the defendant…’nice guy in some respects.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005 at 1:27:23 (“It was very interesting, because here’s, for the first time, after covering this trial about someone who everybody called this heinous person, this woman-hater, this violent person. And I’m sitting face-to-face, with glass about this thick, from him. And he kind of seemed like an average, nice guy in some respects. And you have to keep telling yourself, this is the guy they were telling me about a year ago is horrible.”).

  123. p. 211 “She, too…’kill or do something bad.’”

    Transcribed Videotape Interview with Becky Nesmith, Cousin of Wanda Lopez, in Corpus Christi, Texas (Dec. 8, 2004) at 05:20:33–05:23:52:

    At the time of the trial, I remember sitting there watching Carlos DeLuna swivel in his chair, chewing gum. He seemed to be a very handsome man. I sat there and questioned, did he do it? . . . He doesn’t look like the type of person that would kill or do something bad . . . . And I questioned. I couldn’t even figure out if this man was guilty based on the evidence that I heard at the time, when I was there.

    Sita Sovin & Lauren Eskenazi’s Notes on Interview with Becky Nesmith, Cousin of Wanda Lopez (Nov. 7, 2004) at 3 (“Becky . . . went to court for a class she was taking. When she saw DeLuna she questioned whether he was guilty. He looked so clean and handsome. He was chewing gum and looked too cool (calm/collected) to be guilty.”).

  124. p. 211 “Based on the evidence…’if this man was guilty.’”

    Transcribed Videotape Interview with Becky Nesmith, Cousin of Wanda Lopez in Corpus Christi, Texas (Dec. 8, 2004) at 05:20:33–05:23:52 (“I sat there and questioned, did he do it? . . . And I questioned. I couldn’t even figure out if this man was guilty based on the evidence that I heard at the time, when I was there.”);

    Sita Sovin & Lauren Eskenazi’s Notes on Interview with Becky Nesmith, Cousin of Wanda Lopez (Nov. 7, 2004) at 3 (“Becky watched part of DeLuna’s trial. She went to court for a class she was taking. When she saw DeLuna she questioned whether he was guilty. He looked so clean and handsome. He was chewing gum and looked too cool (calm/collected) to be guilty.”).

  125. p. 211 “‘Why wasn’t his voice compared to Carlos DeLuna’s?’”

    Bruce Whitman’s Notes on Interview with Becky and Jesse Nesmith, Cousin of Wanda Lopez and her Husband (Sept. 28, 2004) at 2:

    One of Becky’s college classes took a field trip to the courthouse to view the court process. Coincidently, the trial in session during the class visit was the De Luna case. Becky sat with her class in the court room and listened to a 911 audio tape of Wanda talking to the dispatcher. Becky had questions about the case based on what she had seen in court and heard about the killing. For example: In the audio tape we heard in court there was a man asking for Marlboro [sic—Winston] cigarettes. Why wasn’t his voice compared to Carlos De Luna’s? . . . There must have been blood on De Luna’s clothes? Why wasn’t any found?

  126. p. 211 “‘Why wasn’t any found?’”

    See supra note 125.

  127. p. 211 “For all her misgivings…different from one another.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:05:24:

    But I remember thinking that’s some pretty flimsy evidence. But none of us knew at that time that there were actually conflicting witness statements. That never came out. And to hear that later just really, really bothers me. It absolutely bothers me that the defense never had the opportunity to put a case on with that as the crux of it, to really be able to attack the witness identification. But in any event, I remember thinking that that was amazing, that that’s all they had.

  128. p. 212 “It didn’t register…button-down dress shirt.”

    See supra Chapter 2, notes 45–48, 97–98, 137, 142–146, 155–177 and accompanying text & Table 2.1.

  129. p. 212 “…Arsuagas saw a man in black well-pressed slacks…”

    See supra Chapter 2, notes 80–81, 97, 146–147 and accompanying text & Table 2.1.

  130. p. 212 “…ran by the Arsuagas was clean shaven…”

    See supra Chapter 2, notes 47, 147–148, 233–237 and accompanying text & Table 2.1.

  131. p. 212 “…struck the Arsuagas as comical…”

    See supra Chapter 2, notes 40, 45–47, 96, 101, 147–148, 153–154 and accompanying text & Table 2.1.

  132. p. 212 “…headed east along the SPID service road.”

    See supra Chapter 2, notes 39–41, 92–95, 137–138, 149–150, 178, 192–195 and accompanying text & Table 2.1, Figure 2.3.

  133. p. 212 “‘…that there were actually conflicting witness statements.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:05:24:

    But I remember thinking that’s some pretty flimsy evidence. But none of us knew at that time that there were actually conflicting witness statements. That never came out. And to hear that later just really, really bothers me. It absolutely bothers me that the defense never had the opportunity to put a case on with that as the crux of it, to really be able to attack the witness identification. But in any event, I remember thinking that that was amazing, that that’s all they had.

  134. p. 212 “As a flack…pushover or a bleeding heart.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 1:57:47–2:00:30:

    Q. [Y]ou’ve . . . been through a lot of criminal cases. You’re not somebody who is a bleeding heart or an activist in this area. You do a lot of political work now, is that right?

    A. (affirmative)Mmm-hmm.

    Q. Could you describe where that places you on the spectrum of the politics of Louisiana and the nation and things?

    A. As I moved away from doing a lot of the police and courts things coming to New Orleans, and covered a lot of politics—mayors’ and governors’ races, local and state races, and even some national political races. That was a good background, a good training field to work on campaigns as a strategist, and as a media consultant and advisor. I work with the mayor of Kenner, which is Louisiana’s sixth-largest city. I worked on two of his campaigns and help him get elected to his office as mayor in the city of Kenner, which is just outside of New Orleans. It’s a city with a 64-million-dollar annual budget, so it’s quite a plum for whoever is in charge there. . . .

    Q. What party is the mayor from?

    A. He’s Republican. Conservative in most—all my candidates are Republicans, if that says anything. All the candidates I’ve worked with are Republican, so they’re very conservative. Most of them are proponents of the death penalty.

  135. p. 212 “By then…’needs to be put to death.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:39:20 (“Before, I was all for capital punishment, and thought it was—As murders go, I’ve seen and read and covered even more brutal and heinous crimes than this one in particular. There were many times I thought, ‘That person needs to be put to death.’”).

  136. p. 212 “‘It absolutely bothers me…attack the witness identification.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:39:20 (“It absolutely bothers me that the defense never had the opportunity to put a case on with that as the crux of it, to really be able to attack the witness identification.”).

    Wanda Lopez’s cousin Becky Nesmith had a similar reaction to information uncovered in the 2004 investigation. See Transcribed Videotape Interview with Becky Nesmith, Cousin of Wanda Lopez, in Corpus Christi, Texas (Dec. 8, 2004) at 05:27:34:

    I don’t believe he stood a chance with the investigation that he had. I was told that the investigation was closed in two hours. I’m not a detective, but how can you close a case knowing that the man you captured had no blood on him whatsoever? And later learning that he had a mental handicap. How do you close a case like that? I’m not no expert in that, but if someone says, “There was someone with me,” why not investigate? Why didn’t Diamond Shamrock have cameras, at least for some kind of security? But I do believe the system does fail us. And the family of Carlos DeLuna should have some type of justice out of this . . . .

  137. p. 212 “Officer Schauer testified…in the suspect’s pocket.”

    Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 120–21 (“I reached into his right-hand pocket to search him for weapons for our safety and I pulled out a—a wad of dollar [sic] and—a variety of American currency, bills . . . [I]t came to like a hundred and forty-nine dollars all together . . . .”).

  138. p. 212 “Schauer’s initial report…’right pants pocket.’”

    Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Undated) at 9 (“I searched the subject for weapons and found a wad of paper currency rolled up in his right hand pants pocket. I later determined that there were (3) twenty dollar bills, (7) ten dollar bills, (1) five dollar bill, and (14) one dollar bills.”).

  139. p. 212 “‘It wasn’t rolled up…anything like that.’”

    Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 120–22 (“I reached into his right-hand pocket to search him for weapons for our safety and I pulled out a—a wad of dollar [sic] and—a variety of American currency, bills . . . It was in like a wad. . . . It wasn’t rolled up into a neat little roll with a rubber band around it or anything like that, it was just like if you take a clump of money. . . . [I]t came to like a hundred and forty-nine dollars all together . . . they were pretty much in a bunch.”).

  140. p. 212 “Schauer said he shuffled…order they originally were in.”

    Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 122 (“You have to remember also when I dug in his pocket I had to lay it on the grass. Q. You had to what? A. Some of it [the money] I had to lay on the grass and some of it I had to stick in my pocket, so during that exchange [when he reached inside DeLuna's pocket], it could have gotten mixed up so I really couldn’t say when I pulled it out of his pocket if it was all 20′s and then 10′s and 5′s and 1′s, I can’t say.”).

  141. p. 212 “Botary’s questions…contained only two $1 bills.”

    Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 122–23:

    Q. (by Botary) Did you take anything out of his [DeLuna's]—from his possession?

    A. Yeah, I took a wallet out of one of his pockets.

    Q. Out of one of his pockets?

    A. Out of his back pocket.

    Q. What color was the wallet?

    A. I believe it was a dark color, I don’t remember if it was brown or black, but a dark color. . . . .

    Q. Did you look for the billfold to see what was in there?

    A. For the identification? I found—when I looked through there, I found a couple of dollar bills.

    Q. A couple of dollars?

    A. Two dollar—two one-dollar bills.

    See Ruben Rivera, Nueces County Deputy Constable, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 106 (“I was there, but I don’t remember whether his billfold was removed from his pants or whether it was picked up from underneath the truck, but I was there whenever the billfold was recovered.”);

    Steven Schiwetz, Prosecutor at Trial of Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 485–86 (“He’s got $2.00 in his wallet . . . and a pay stub in here (indicating) and a hundred forty-nine dollars wadded up in his front pocket.”).

  142. p. 212 “This linked up with testimony…cash bills in it.”

    George Aguirre, Witness to Events Outside Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 225:

    Q. Can you tell the Jury approximately what he [the man Aguirre saw with the knife at the Shamrock station] did say?

    A. He asked me like if I could give him a ride to the Casino Club on Port and told me he would give me money or drugs or, you know, whatever I needed, beer, anything.

    Q. Did he show you any drugs?

    A. No.

    Q. Did he show you any beer?

    A. No.

    Q. Did he show you any money?

    A. He had his wallet out, he had a black wallet, he had it out in his hand.

    Q. Was there any money in it that you could see?

    A. In between one and four bills, you know, dollar bills.

    Q. Can you say for sure how many there were there?

    A. No.

    Q. Just a few?

    A. Just a few.

  143. p. 213 “Pete Gonzalez…revealed a shortage of $166.86.”

    Pete Gonzales, Shamrock Gas Station Area Supervisor, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 168–69 (“Q. Did you perform an inventory after this rob—murder? A. Yes, sir. Q. When did you perform that? A. Immediately that—we started the physical count about 11:00 o’clock in the evening. Q. And did you arrive at a figure of shortage for that particular store four days after that first inventory? A. Yes, sir. Q. And what was the shortage that night after Mrs. Lopez had been murdered? A. A hundred sixty-six dollars and eighty-six cents.”).

  144. p. 213 “He said it was ‘customary’…$25 or $50.”

    Pete Gonzales, Shamrock Gas Station Area Supervisor, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 168:

    Q. When was the last inventory that had been done before this particular date, February 4th, 1983?

    A. It was on Tuesday.

    Q. Would that be the Tuesday immediately preceding the—

    A. Tuesday immediately preceding the 4th.

    Q. And do y’all ordinarily come out with your figures exactly balanced?

    A. No, sir.

    Q. Is it customary that you have either a shortage or a surplus?

    A. Yes, sir.

    Q. On the average, what do your shortages or surplusses come out to?

    A. Between 25 and $50.

  145. p. 213 “Gonzalez never explained…pilfered or stolen cash.”

    See supra Chapter 4, notes 95–103 and accompanying text.

  146. p. 213 “Among the evidence…cash drawer at any time.”

    Pl.’s Ex. 29, Vargas v. Diamond Shamrock, No. 84–4951-D, 86–5900-D (Nueces Cty., 105th Dist. Tex. 1988), at 1 (quoted in full, supra Chapter 4, note 27 and accompanying text).

  147. p. 213 “Lawrence himself…gas station till at the time.”

    See supra Chapter 11, note 109 and accompanying text.

  148. p. 213 “Estella Gonzalez…available at the jail.”

    Estella Gonzales, Nueces County Sheriff Dep’t Jail Commissary Bookkeeper, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 327–28, 329 (“Q. Okay. What kind of cigarettes has the person who’s doing the ordering? A. Winston. A. What’s the name of the inmate who’s ordering them? A. Carlos De Luna. . . . Q. How many people do you have at the jail that order Winston cigarettes? A. A lot of them. Q. A lot of them. A. Yes sir.”; “Q. How many brands do y’all carry? A. Let’s see. Five.”).

  149. p. Ernesto Gonzales…DeLuna smoked Winstons.”

    Ernesto Gonzales, Nueces County Jail Correction Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 364 (“Q. Are you familiar with the Defendant in this case, Carlos De Luna? A. Yes, I am. Q. Can you tell the Jury what kind of cigarettes he smokes? A. Winstons.”).

  150. p. 213 “Klemp explained…emergency lines and in-station extensions.”

    Robert Klemp, Corpus Christi Police Lieutenant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 377.

  151. p. 214 “He ‘separated’ the portion…’reproduced it off the master.’”

    Robert Klemp, Corpus Christi Police Lieutenant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 380 (“The original tape was placed in file in the file cabinet and I separated it from our normal file tapes for evidence purposes and I made this cassette, this cassette tape off a cassette recorder which reproduced it off the master tape.”).

  152. p. 214 “Klemp: ‘No.’”

    Robert Klemp, Corpus Christi Police Lieutenant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 379–80 (emphasis added).

  153. p. 214 “Klemp’s answers were accurate…parts of the tape.”

    See supra Chapter 11, notes 196–214 and accompanying text.

  154. p. 216 “( At this time the playing of [State Exhibit]-2 was concluded .)”

    Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 382–85 (“The following is a transcription of the verbal portions of said cassette tape made by the court reported from the tape at the request of Defendant/Appellant for inclusion in the appellate record.”).

    There actually are three available transcriptions of this 911 call. All three are discussed below.

    The transcription reported in the text is the same as the transcript of the tape prepared by the court reporter at trial and included in the trial transcript with one exception. The trial transcript (quoted just below) does not give names to the speakers, instead referring only to “First Male Voice” and “First Female Voice.” In the text, we have provided the names of Wanda Lopez and Jesse Escochea. The 911 call exactly as it was transcribed by the court reporter and included in the trial transcript is as follows:

    FIRST MALE VOICE: Police Department.

    FIRST FEMALE VOICE: Yes, can you have a officer come to 2602 South Padre Island Drive? I have a suspect with a—a knife inside the store.

    FIRST MALE VOICE: What place is this?

    FIRST FEMALE VOICE: Sigmor.

    FIRST MALE VOICE: What’s he—

    FIRST FEMALE VOICE: Well, he—

    FIRST MALE VOICE: What’s he doing with the knife?

    FIRST FEMALE VOICE: I don’t know, he was outside bumming a ride off of this guy and he just told me right now—he just came inside the store.

    FIRST MALE VOICE: Has he threatened you or anything?

    FIRST FEMALE VOICE: Not yet. Could I help somebody?

    FIRST MALE VOICE: What does he look like?

    FIRST FEMALE VOICE: Por que?

    FIRST MALE VOICE: What does he look like?

    FIRST FEMALE VOICE: He’s a Mexican. He’s standing right here at the counter.

    FIRST MALE VOICE: Huh?

    FIRST FEMALE VOICE: Can’t talk. Thank you.

    FIRST MALE VOICE: Ma’am?

    FIRST FEMALE VOICE: What?

    FIRST MALE VOICE: Don’t hang up, okay?

    FIRST FEMALE VOICE: Okay. This? Eighty-five.

    FIRST MALE VOICE: Where is he at right now?

    FIRST FEMALE VOICE: Right here.

    FIRST MALE VOICE: Is he a white male?

    FIRST FEMALE VOICE: No.

    FIRST MALE VOICE: Black?

    FIRST FEMALE VOICE: No.

    FIRST MALE VOICE: Hispanic?

    FIRST FEMALE VOICE: Yes.

    FIRST MALE VOICE: Tall, short?

    FIRST FEMALE VOICE: Uh-huh.

    FIRST MALE VOICE: Tall?

    FIRST FEMALE VOICE: Yeah. Thank you.

    FIRST MALE VOICE: Does he have the knife pulled out?

    FIRST FEMALE VOICE: Not yet.

    FIRST MALE VOICE: Is it in his pocket?

    FIRST FEMALE VOICE: Uh-huh.

    FIRST MALE VOICE: All right. We’ll get you someone over there.

    FIRST FEMALE VOICE: You want it, I’ll give—I’ll give it to you. I’m not going to do nothing to you. Please.

    FIRST MALE VOICE: Hold it, get a unit on a 17 to the Shamrock, 2602 South Padre, you’ve got an armed robbery going down right now. God, she’s [sic] beating the shit out of him [sic]. Okay, hold on.”)

    Trial Tr. of 911 Call, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 382–85.

    A second (chronologically earlier) transcript was generated on February 10, 1983, after prosecutor Jack Hunter directed Detective Escobedo to “preserve the master tape on which the conversation between Wanda Lopez and Jesus Escochea was recorded” (which Escobedo reports “has now been preserved”) and to provide him with a recording of the call. See Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 10, 1983) at 2.

    That same day, a transcription was produced. Copies of that transcription were found during the 2004–05 investigation in both the Corpus Christi Police Department and the District Attorney’s files in DeLuna case. The District Attorney’s version included a marking indicating that “S”, evidently prosecutor Schiwetz, reviewed it on May 2, 1983, and there are handwritten notations on that version. See Tr. of Wanda Lopez’s Phone Call to Corpus Christi Police Dep’t on Feb. 4, 1983 at 8:09 (Feb. 10, 1983) at 1–3 (version that appears in Corpus Christi Police Dep’t records);

    Transcript of Wanda Lopez’s Phone Call to Corpus Christi Police Dep’t on Feb. 4, 1983 at 8:09 (Feb. 10, 1983) at 64 (version that appears in D.A.’s records).

    A third transcription of the 911 call was made in the aftermath of the 2004–05 investigation using the Police Dispatch Tape obtained from former Corpus Christi police dispatcher Jesse Escochea in Los Angeles in 2005. See supra Chapter 2, notes 109–115 and accompanying text; supra Chapter 11, notes 102–103 and accompanying text.

    Below we have compiled the three transcripts into a single version that indicates the discrepancies between them. This omnibus version uses the transcription of Jesse Escochea’s copy of the Manhunt Tape as the baseline, and, in bolded material in brackets, indicates significant differences between that version and the other two. The numbers below (e.g., “00:00:19″) indicate the time from the beginning of the Escochea tape in hours, minutes and seconds. The Escochea tape begins with 19 seconds of silence, explaining why the first entry is at “00:00:19.” “[?]” indicates something said that is inaudible on the Escochea tape. The indicated discrepancies between the three tapes suggest that the police February 10, 1983 transcription is the most complete and accurate, because it reports fewer inaudible passages. Because the February 10, 1983 transcription was made directly from the master tape, while the other two versions are based on tapes that were first copied from the master tape before they were transcribed, it is not surprising that the February 10, 1983 version is most complete and accurate.

    00:00:19

    DISPATCHER: Police Department.

    WANDA LOPEZ: Yes, can you have an officer come to 2602 South Padre Island Drive? I have suspect with a knife inside the store.

    DISPATCHER: What place is this?

    00:00:30

    WANDA LOPEZ: Uh, Sigmor.

    00:00:33

    DISPATCHER: OK, what’s he doing with the knife?

    00:00:35

    WANDA LOPEZ: I don’t know. He was outside, bumming a ride off of this guy, and he just told me right now, he just came inside the store.

    00:00:43

    DISPATCHER: Has he threatened you in any way?

    [Police 2/10/83 transcription instead reports: "Has he threatened you any yet?"]

    WANDA LOPEZ: Not yet. Give [?] just a minute.

    [Police 2/10/83 transcription adds: "(Conversation with someone other than the dispatcher). OK! What, the money? What's that?"]

    00:00:48

    DISPATCHER: What does he look like?

    WANDA LOPEZ: [What's that?] or [Okay?]

    DISPATCHER: What does he look like?

    00:00:54

    WANDA LOPEZ: I can’t see him, standing behind the counter.

    [Police 2/10/83 transcription instead reports: "He's a Mexican, standing right here at the counter." On DA's version of the 2/10/83 transcript, someone has underlined this statement in a handwritten annotation.]

    DISPATCHER: Huh?

    00:00:58

    WANDA LOPEZ: Can’t talk. Thank you.

    DISPATCHER: Ma’am?

    WANDA LOPEZ: What?

    00:01:01

    DISPATCHER: Don’t hang up, ok?

    WANDA LOPEZ: Ok.

    00:01:03

    WANDA LOPEZ: [?]

    00:01:05

    Male voice: [?]

    WANDA LOPEZ: [?] eighty-five.

    [On DA's version of Police 2/10/83 transcript, someone has underlined this statement in a handwritten annotation and written: "cigarettes".]

    00:01:09

    DISPATCHER: Where is he at now?

    WANDA LOPEZ: Right here.

    00:01:12

    DISPATCHER: Is he a white male?

    WANDA LOPEZ: No.

    DISPATCHER: Black?

    WANDA LOPEZ: No.

    DISPATCHER: Hispanic?

    WANDA LOPEZ: Yes.

    00:01:17

    DISPATCHER: Tall? Short?

    [On DA's version of Police 2/10/83 transcript, someone has underlined this statement in a handwritten annotation.]

    WANDA LOPEZ: Uh-huh.

    [On DA's version of Police 2/10/83 transcript, someone has underlined this statement in a handwritten annotation.]

    DISPATCHER: Tall?

    [On DA's version of Police 2/10/83 transcript, someone has underlined this statement in a handwritten annotation.]

    WANDA LOPEZ: Tall.

    00:01:23

    WANDA LOPEZ: Thank you.

    [Police 2/10/83 transcript adds "(to someone else)," and on DA's version of that transcript, someone has added a handwritten notation: "5'3"–5'9" or so."]

    00:01:24

    DISPATCHER: Does he have the knife pulled out?

    WANDA LOPEZ: Not yet.

    00:01:27

    DISPATCHER: Is it in his pocket?

    WANDA LOPEZ: Uh-huh.

    00:01:30

    DISPATCHER: All right. We’ll get someone over there.

    00:01:31

    WANDA LOPEZ: You want it? I’ll give it to you. [?]

    [Police 2/10/83 transcript adds at the end of this: "I'll give it to you, I'm not gonna do nothing to you, Please!!!! (A lot of commotion is over heard in the background, followed by screams, you can hear the phone dropping, victim moaning." In the DA's version of this transcript, someone has underlined this passage in a handwritten annotation.]

    00:01:36

    DISPATCHER: Get a unit on 17 [emergency run] to the Shamrock, 2602 South Padre, got an armed robbery going down right now!!!

    [Police 2/10/83 transcript ends with the above passage. The transcripts of the version played at Carlos DeLuna's trial and of Jesse Escochea's Dispatch Tape version both include the entries below.]

    UNKNOWN MALE VOICE: See what you can get out of him.

    [The transcript of the version played at trial attributes this passage to the "first male voice" (Escochea) and transcribes the passage as: "God, she's [sic] beating the shit out of him [sic].”

    00:01:42

    (screaming)

    00:01:44

    UNKNOWN MALE VOICE: Ok, hold on.

    [The transcript of the version of the tape played at Carlos DeLuna's trial ends here. Jesse Escochea's Manhunt Tape version continues from here to the end of the manhunt.]

    00:01:46

    UNKNOWN MALE VOICE: 165.

    UNKNOWN FEMALE VOICE: Are you through with your call?

    UNKNOWN MALE VOICE: 151 to base [?]

    00:01:48

    (brief dial tone).

  155.  p. 216 “Karen Boudrie recalled…’everyone in the courtroom.’”

    Transcribed Videotape of Karen Boudrie’s TV News Stories on the DeLuna/Lopez/Vargas Cases (undated) at 00:01:01, 00:01:26 (“But one of the things that sent chills up and down the spines of everyone in the courtroom during the trial was listening to the last words Wanda Lopez ever spoke.”; “[close-up shot of the telephone in the clerk's area of the Sigmor-Shamrock gas station] The phone call Lopez made to police was recorded and the prosecuting attorney, Steve Schiwetz, played it several times to the jury.”);

    see supra note 13, 29–30 and accompanying text (discussing Becky Nesmith’s and Karen Boudrie’s reactions to the 911 tape).

  156. p. 216 “‘The courtroom is in absolute silence,’ she said.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:07:20–2:08:35:

    But I think one of the things the prosecution had going for it as well was the fact that this tape was so sensational as well, with Wanda Lopez calling the 911 dispatcher. And you can hear her on tape begging for her life, and screaming. The courtroom is in absolute silence, and we’re all in shock, in a state of unbelievability that—Why did someone have to kill this woman? She said, “I’ll give you everything, I’ll give you everything.” She could see what was coming. It was just horrible. It was very sensational, and you could tell they were out for blood. They were going to make somebody pay for this horrible crime. It was going to be a feather in someone’s cap to be able to get the death penalty in this case.

  157. p. 216 “‘It was just horrible.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:07:20–2:08:35:

    But I think one of the things the prosecution had going for it as well was the fact that this tape was so sensational as well, with Wanda Lopez calling the 911 dispatcher. And you can hear her on tape begging for her life, and screaming. The courtroom is in absolute silence, and we’re all in shock, in a state of unbelievability that—Why did someone have to kill this woman? She said, “I’ll give you everything, I’ll give you everything.” She could see what was coming. It was just horrible. It was very sensational, and you could tell they were out for blood. They were going to make somebody pay for this horrible crime. It was going to be a feather in someone’s cap to be able to get the death penalty in this case.

  158. p. 216 “And that was true…’who did this to me.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 03:09:13–03:11:22:

    Then you hear her [Wanda Lopez] saying, “Please don’t, I’ll give you anything,” and then you hear her scream. It’s terrible. It’s a terrifying scream, and you just know something terrible’s happening, even if you did not know that she had died, that she was being killed at that moment. If you were to hear that tape, it was awful. And that was played at the trial. I remember, then, describing that for the audience, for the people who weren’t in the courtroom. Just being, probably, one of the most compelling pieces of evidence even though she doesn’t say who did this to me. It was one of the most compelling, sort of horrifying aspects of this case, to hear her die on tape and beg for her life. I certainly believe that played a part into the decision with the death penalty.

  159. p. 216 “‘Saying somebody’s got to pay…put him to death.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:09:52–02:10:16 (“They did a good job of working everybody up, putting on all this evidence, bringing all these people in, playing the tape as many times as they could get away with. Saying somebody’s got to pay, here’s the guy, let’s put him away, let’s put him to death. I think that’s the attitude everybody had.”).

  160. p. 216 “‘I think that’s the attitude everybody had,’ she said.”

    See supra note 159.

  161. p. 216 “‘Everybody was kind of on the bandwagon.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:11:29–02:12:30 (“I think everybody got caught up in it. This is a horrible crime, he must be horrible person, so let’s convict him and go on to the punishment phase. Everybody was kind of on the bandwagon, so to speak.”).

  162. p. 217 “…the state rested its case…”

    Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 385 (“(At this time the playing of SX–2 [the 911 tape] was concluded and the following proceedings were had.) Mr. Schiwetz: The State rests, Your Honor.”).

  163. p. 217 “…Judge Moore sent the jurors home for the evening.”

    Compare Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 385 (“At this time the playing of SX–2 [the 911 tape] was concluded . . . .”)

    with Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 385 (“The Court: All right, fine. I’m going to excuse you [the jurors], then, until 9:00 o’clock tomorrow morning. See you back here at that time.”).

  164. p. 217 “…It was a clear-cut case.”

    Steve Mills & Maurice Possley, A Phantom, or the Killer?, A Prosecutor Said Carlos Hernandez Didn’t Exist. But He Did, and His MO Fit the Crime, Second of Three Parts,Chi. Trib., June 26, 2006, at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-2-story,0,302882.htmlstory. Archived at:

    http://perma.cc/H9Q6-QBFL.

  165. p. 217 “‘What they had was great…didn’t have a lot on Carlos.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:09:52–02:11:29 (“But I remember I wouldn’t want to be on the jury to decide this. He was hiding nearby, and he was identified by one or two witnesses who saw him for a fraction, for one or two seconds. What they had was great, titillating, sensational evidence [referring to the 911 recording], but they didn’t have a lot for Carlos.”).

  166. p. 217 “At Avalos’s request…mid-January 1983.’

    Wayne Waychoff, Employer of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 388–89 (testifying that he had employed Blas Avalos for six years and Carlos DeLuna since January 18 or 19 of that year);

    see Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 410–11:

    Q. Back on February the 4th, 1983, were you working for Triarch Corporation?

    A. Yes, sir, I was.

    Q. And how were you able to get that job?

    A. By my father, stepfather.

    Q. And what’s his name?

    A. Blas Avalos.

    Q. And prior to getting that job, where had you been? . . .

    A. I was in prison, sir. . . .

    Q. From the time of your release or at the time of your release, where did you go?

    A. Home, sir, to my stepfather’s house, 2046 Rockford.

    Q. And was it after that that you were able to get a job?

    A. After that, sir, yes, sir.

    Blas Avalos, Carlos DeLuna’s Stepfather, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 403 (testifying that he helped his stepson Carlos DeLuna secure employment with Waychoff’s company);

    see supra Chapter 5, note 80 and accompanying text (discussing DeLuna’s receipt of parole in early January 1983).

  167. p. 217 “Between January 28…Wanda was murdered.”

    Wayne Waychoff, Employer of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 390–92 (testifying that DeLuna’s hourly wage was $3.75, and that he had worked for the company between mid-January and Friday, February 4, 1983, and during the pay period ending January 28, Carlos had worked forty-two and one-half hours for which he was paid $135 on the day of the incident, Friday, February 4, 1983; on the preceding Friday, January 28, Waychoff had paid DeLuna $71.03 for his first few days on the job).

  168. p. 217 “Waychoff noted…work done earlier that week.”

    Wayne Waychoff, Employer of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 391:

    A. [DeLuna] had 20 and a half hours—excuse me. This is for the pay period ending February the 8th [the Tuesday after the February 4, 1983 Shamrock Station incident], our pay period starts on Wednesday and ends on Tuesday and we pay on a Friday, so for his last week [of work, from Wednesday February 2 to Friday February 4, 1983] he had 20 and a half hours and for the week prior to that pay day [i.e., for the week from Wednesday January 26 to Tuesday February 1, 1983] he had 42 and half hours. . . .

    Q. And that would have been at the rate of three seventy-five an hour?

    A. Yes.

  169. p. 217 “…rain that fell that day in Corpus…”

    See supra note 45 and accompanying text; supra Chapter 3, notes 35–36 and accompanying text; supra Chapter 10, notes 77–79 and accompanying text & Figure 10.2.

  170. p. 217 “…concrete-laying crew home early.”

    Wayne Waychoff, Employer of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 395–96 (“Q. Mr. Waychoff, do your records there indicate what time the Defendant got off on this particular date? A. Yes, sir, they do. Q. On February 4th? A. He worked from 7:30 a.m. to 11:00 a.m. . . . Q. Okay. Do you remember whether it rained that day or not? A. Yes, sir, it did. Q. Is that why he got off so early? A. Yes, sir.”).

  171. p. 217 “A co-worker…beer that Carlos had bought.”

    Daniel Fino, Coworker of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 397–400;

    see Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 413–14:

    Q. What did you do [after getting paid], if anything? . . .

    A. Well, I got my pay check, sir, and I asked Danny Fino to take me to cash my check and Ramiro.

    Q. And did y’all go cash the check?

    A. We did. . . .

    Q. Do you recall what you did after you cashed your check?

    A. Yes, we went to the Shamrock gas station on Horne Road and Greenwood.

    Q. What did you do there?

    A. We bought a twelve-pack of Miller Beer. . . .

    Q. What happened after you bought the twelve-pack of Miller Beer?

    A. I gave one each and I had one, we went home to my house, 2046 Rockford, got there and I gave them another one and got off at home.

  172. p. 218 “Blas Avalos…first month back from prison.”

    Blas Avalos, Stepfather of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 404, 406 (noting that he and Carlos DeLuna went to work together on the morning of February 4);

    see Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 411–15:

    Q. From the time of your release [from prison on parole] or at the time of your release, where did you go?

    A. Home, sir. To my stepfather’s house, 2046 Rockford.

    Q. Now, on that—do you recall the events of February the 4th, 1983?

    A. I do.

    Q. Did you go to work that morning?

    A. I did.

    Q. Who did you go to work with?

    A. For Triarch Corporation, sir.

    Q. Yeah, but who did you go to work with?

    A. Oh, my stepfather.

    Q. Does he own a car or something?

    A. Yes, sir, he does.

    Q. Do you own a car?

    A. No, sir. . . .

    Q. What happened then after Whataburger [on the afternoon of February 4, 1983]?

    A. We came back home to my house.

    Q. Did you do anything at your house?

    A. I went inside, took a shower, changed, was sitting down and my stepfather asked me if I wanted to go to Kroger’s [Supermarket] with him.

    Q. Did you go to Kroger’s?

    A. I did.

    Q. Who went to Kroger’s?

    A. Me, my stepfather and my mother.

    Cf. Wayne Waychoff, Employer of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 396 (answering cross-examination question about whether DeLuna subscribed to a service that provided workers with uniforms, rather than using his own clothes for the “dirty” work of laying concrete, Waychoff said he did not know whether DeLuna was paying for that service).

  173. p. 218 “Testifying through an interpretor…”

    See Blas Avalos, Stepfather of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 402.

  174. p. 218 “…DeLuna’s alcoholic stepfather…”

    See supra Chapter 5, notes 30–31, 82 and accompanying text.

  175. p. 218 “…he had gotten too drunk to drive.”

    Blas Avalos, Stepfather of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 407 (“Q. Did you, in fact, go and pick up Carlos? A. No, I told him—I told my wife to tell him to take a taxi to come home because I was drunk.”).

  176. p. 218 “His wife didn’t like to drive at night…”

    See supra Chapter 5, note 83 and accompanying text.

  177. p. 218 “…they told him to take a taxicab home.”

    Blas Avalos, Stepfather of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 406–07 (“Q. Okay, so you’re saying that Carlos, then, called you sometime, you knew that it was sometime between 8:00 and 8:15. A. Yes, sir. . . . Q. Did you, in fact, go and pick up Carlos? A. No, I told him—I told my wife to tell him to take a taxi to come home because I was drunk.”).

  178. p. 218 “Carlos had hoped…commit one ten minutes later.”

    See supra Chapter 5, notes 4, 85–86 and accompanying text.

  179. p. 218 “But Margarita…Carlos’s taciturn stepfather.”

    See supra Chapter 5, notes 1–5, 87 and accompanying text; Chapter 11, notes 148–149 and accompanying text.

  180. p. 218 “…Avalos didn’t remember what Carlos wore…”

    Blas Avalos, Stepfather of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 408 (noting that Blas did not remember what clothes or shoes Carlos wore that night).

  181. p. 218 “AVALOS: ‘Just that he was being accused of a thing that he had not done.’”

    Blas Avalos, Stepfather of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 408.

  182. p. 218 “AVALOS: ‘Carlos has never carried a knife, sir.’”

    Blas Avalos, Stepfather of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 408.

  183. p. 218 “…law enforcement or his own lawyers…”

    See supra Chapter 11, notes 279–281 and accompanying text; supra Chapter 12, notes 1–19 and accompanying text.

  184. p. 218 “…meager investigation his lawyers did conduct…”

    See supra Chapter 11, notes 138, 149–150, 181–184 and accompanying text.

  185. p. 219 “Lawrence picked up the story…attempted rape and car theft.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 410–11 (“Q. And what were you doing—what were you serving time in prison for? A. Unauthorized use of a motor vehicle and attempted rape, sir.”).

  186. p. 219 “Carlos testified…in his stepfather’s car.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 411–12:

    Q. From the time of your release [from prison on parole] or at the time of your release, where did you go?

    A. Home, sir. To my stepfather’s house, 2046 Rockford. . . .

    Q. Now, on that—do you recall the events of February the 4th, 1983?

    A. I do.

    Q. Did you go to work that morning?

    A. I did.

    Q. Who did you go to work with?

    A. For Triarch Corporation, sir.

    Q. Yeah, but who did you go to work with?

    A. Oh, my stepfather.

    Q. Does he own a car or something?

    A. Yes, sir, he does.

    Q. Do you own a car?

    A. No, sir.

  187. p. 219 “He and co-workers cashed…house that afternoon.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 411–14:

    Q. Did you work that day?

    A. I did.

    Q. How long did you work?

    A. Till about 11:30.

    Q. Would that be 11:30 in the morning?

    A. I started work at 7:00 and got off about 11:30 in the morning.

    Q. And why did y’all get off work at 11:30?

    A. It started to rain. . . .

    Q. After you got off work at 11:30, what did you do, if anything?

    A. Went back to the office to pick up my check, sir.

    Q. Who did you go with?

    A. Danny Fino and Ramiro something, I can’t remember his last name.

    Q. Were you all working out there at Holidays or whatever it was in Flour Bluff?

    A. We were.

    Q. What time did y’all get back to—the office?

    A. I would say about 12:30, like that.

    Q. Okay. Were the pay checks waiting for you or—

    A. No, we had to wait awhile.

    Q. And were you paid?

    A. I was.

    Q. What did you do then, if anything?

    A. You mean after I got paid?

    Q. Yes.

    A. Well, I got my pay check, sir, and I asked Danny Fino to take me to cash my check and Ramiro.

    Q. And did y’all go cash the check?

    A. We did.

    Q. Do you recall where you went?

    A. HEB [a supermarket] on Morgan and Baldwin.

    Q. Do you recall what you did after you cashed your check?

    A. Yes, we went to the Shamrock gas station on Horne Road and Greenwood.

    Q. What did you do there?

    A. We bought a twelve-pack of Miller Beer.

    Q. And who bought it?

    A. I did. . . .

    Q. What happened after you bought the twelve-pack of Miller Beer?

    A. I gave one each and I had one, we went home to my house, 2046 Rockford, got there and I gave them another one and got off at home.

    Q. Do you recall more or less what time of the day that was?

    A. I would say about 2:30, 3:00 o’clock.

  188. p. 218 “After a trip…between 7:00 and 7:15 P.M.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 414–16:

    Q. What did you do then, if anything?

    A. I went inside the house, then I noticed my neighbor across the street outside, I went over his house.

    Q. Did you do anything after that?

    A. Yes, I did. I asked him if he knew anybody who could fix watches because I had a watch that was broken and he said no, but he would take me to find somebody to fix watches.

    Q. Did you go look for someone to fix your watch?

    A. We did.

    Q. Were you able to find anybody?

    A. We weren’t.

    Q. What did you do then?

    A. Well, we kept looking for awhile, got tired of looking, went to a Whataburger on Gollihar. Ate there.

    Q. About what time of the day or night was this?

    A. I would say sometime about 4:00.

    Q. What happened then after Whataburger?

    A. We came back home to my house.

    Q. Did you do anything at your house?

    A. I went inside, took a shower, changed, was sitting down and my stepfather asked me if I wanted to go to Kroger’s with him.

    Q. Did you go to Kroger’s?

    A. I did.

    Q. Who went to Kroger’s?

    A. Me, my stepfather and my mother.

    Q. What happened after that?

    A. Well, after that we came back home.

    Q. Do you know what time it was?

    A. I would say somewhere about 6:30.

    Q. What happened then?

    A. Oh, we sat around for a while, my father sat around for a few hours [to] rest, my stepfather, and I asked him to take me to the Gulf Skating Rink, I was supposed to meet somebody there, sir.

    Q. And did anyone take you to the Gulf Skating Rink?

    A. Yes, sir.

    Q. Who did?

    A. My stepfather and mother.

    Q. Did you actually go to the Gulf Skating Rink?

    A. I did.

    Q. Do you recall what time more or less that you arrived at the Gulf Skating Rink?

    A. About 7:00 o’clock, 7:15.

  189. p. 219 “‘I went inside…I stepped back outside.’”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 416 (“Q. What did you do at the Gulf Skating Rink? A. I went inside to see if this girl was there I was waiting for but she wasn’t there, so I stepped back outside.”).

  190. p. 219 “Here DeLuna’s story…Wolfy’s a mile away.”

    See supra Chapter 11, note 176 and accompanying text.

  191. p. 219 “Evidently…inform the jury of it.”

    See supra Chapter 11, notes 181–188 and accompanying text.

  192. p. 219 “He had known…junior high school.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 416:

    Q. What happened when you stepped back outside?

    A. When I stepped back outside, I noticed two girls I knew and I went over there to talk to them.

    Q. What were their names?

    A. Mary Ann Perales and Linda Perales.

    Q. Were they driving a car, were they on foot or were they with someone else?

    A. They were driving a car.

    Q. Do you recall what type of car that was?

    A. Something like a yellow Pinto car, I think it was a Pinto.

    Q. Where do you know them from?

    A. I knew them back in like ’76, sir, we used to go to dances together, ’77.

  193. p. 219 “‘His name was Carlos Hernandez.’”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 416–17:

    Q. Did—what happened after you saw them?

    A. I was talking to them, then I saw another guy approach me, his name was Carlos Hernandez and he came and talked to me, asking me if, you know, he knew me. I said, “No, I don’t know you.” But then we started talking and he did know me. It turned out that he did knew [sic] me.

    Q. Do you know—did you know him?

    A. I did.

    Q. Where did you know him from?

    A. I would say back when we were kids.

    Q. How long had it been since you had seen him?

    A. Like back in 1978, ’79.

    Q. What happened then?

    A. Well, I asked if he had seen Ronnie Gonzalez, because we knew Ronnie together and he said no, but he knew where he lived so I asked him if—if he want [sic] to, we can ask these girls to take us over there.

  194. p. 219 “DeLuna said…’did knew [sic] me.’”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 416–17.

  195. p. 219 “Carlos had ‘met him…meeting each other a little better.’”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 433 (“Q. What were the circumstances under which you originally met Carlos Hernandez? A. You mean back then, back when I knew him, first knew him? Q. Yes, sir. A. Well, we used to—oh, I met him with my brother at a dance and we started meeting each other a little better.”).

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 416–17;

    see supra Chapter 5, notes 152, 162, 181 and accompanying text; supra Chapter 6, note 26 and accompanying text.

  196. p. 219 “‘Do you recall what this arlos Hernandez looks like?’ Lawrence asked.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 422–23 (“Q. Did—do you recall what this Carlos Hernandez looks like? A. I can give you a little bit what he looks like. He’s got hair about—somewhere to about right here (indicating) and about—Q. What color hair? A. Black. Q. What else do you remember? A. About five-eight, five-nine, weighs about a hundred fifty pounds. Q. Do you recall what he was wearing? A. I remember the blue jeans, that’s all I remember.”).

  197. p. 220 “Black hair…five-nine and 150 pounds.”

    See supra note 196.

  198. p. 220 “‘I remember the blue jeans…’ the defendant said.”

    See supra note 196.

  199. p. 220 “They asked the Perales sisters for a ride…”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 417, 418 (“Q. What happened then? A. Well, I asked if he had seen Ronnie Gonzalez, because we knew Ronnie together and he said no, but he knew where he lived so I asked him if—if he want to, we can ask these girls to take us over there. Q. Did you ask the girls? A. I did. Q. Did they take you anywhere? A. They did [to a store and left the two men off].”; “A. We proceeded [on foot] to Ronnie’s house. Q. Do you know where that is? A. No, I don’t. Q. Is it in that area or did y’all have to drive—A. It is—it is in that area.”).

  200. p. 220 “Carlos DeLuna bought a soda…pick him up.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 417–19 (“Q. Where did y’all go? A. We went to—first we stopped at the Kostoryz and McArdle at Circle K. I walked in there to get some Cokes and I asked her where the phone was. I wanted to make a phone call to my father. Q. Who did you call? A. My stepfather, sir, my mother. Q. Why did you call your stepfather? A. To ask him for a ride, sir, to come pick me up. . . . Q. Where were the girls at this time? A. They were there and then they said they had to leave, so they left. Q. They left y’all on foot there? A. Yes, sir, they did.”).

  201. p. 220 “Avalos was too drunk…take a taxi home.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 418 (“Q. What happened then? A. Well, I asked Hernandez what he wanted to do and told me he was going to stick around for awhile, so I said, ‘Well, since I got to catch a taxi home, I’ll go stick around there with you for awhile and wait.’”);

    see Blas Avalos, Stepfather of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 406–07 (“Q. Okay, so you’re saying that Carlos, then, called you sometime, you knew that it was sometime between 8:00 and 8:15. A. Yes, sir. . . . Q. Did you, in fact, go and pick up Carlos? A. No, I told him—I told my wife to tell him to take a taxi to come home because I was drunk.”).

  202. p. 220 “‘Since I got to catch…with you for a while.’”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 418 (“Q. What happened then? A. Well, I asked Hernandez what he wanted to do and told me he was going to stick around for awhile, so I said, ‘Well, since I got to catch a taxi home, I’ll go stick around there with you for awhile and wait.”).

  203. p. 220 “The two set off…didn’t find him.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 418 (“Q. What happened after you made the phone call? A. After I finished talking to him? Q. Yes. A. We proceeded to Ronnie’s house. Q. Do you know where that is? A. No, I don’t. Q. Is it in that area or did y’all have to drive—A. It is—it is in that area. Q. Did y’all find Ronnie Gonzalez’ home? A. No, we didn’t.”).

  204. p. 220 “‘Carlos…Ronnie would hang around there sometimes.’”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 419 (“Q. Then what did y’all decide to do, if anything? A. Well, Carlos told me if I wanted to go to Wolfy’s, that sometimes he hung around there, Ronnie would hang around there sometimes. Q. Did you all go to Wolfy’s? A. Yes, we did.”).

  205. p. 220 “As they approached…Sigmor Shamrock store.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 419–20:

    Q. Did you go into Wolfy’s?

    A. I did.

    Q. And what about this friend of yours, Carlos Hernandez?

    A. Well, he told me he had to go do something, to buy something.

    Q. What do you mean he told he had to buy something?

    A. Well, he went to buy something at that gas station, sir.

    Q. What gas station?

    A. That Shamrock gas station.

    Q. Is it—the—the—the Shamrock Service Station, the one we have been talking about here?

    A. Yes.

    Q. Where were you—where were you all at when he said he had to go to the Shamrock Service Station?

    A. At Wolfy’s.

    Q. Were y’all inside or—

    A. No, we were outside standing at the door.

  206. p. 220 “He ‘bought a beer…listening to the music.’”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 420 (“Q. Where were you—where were you all at when he said he had to go to the Shamrock Service Station? A. At Wolfy’s. Q. Were y’all inside or—A. No, we were outside standing at the door. Q. And do you know if he went over there? A. Yes, he did. Q. What did you do? A. I saw him—I saw him—well, I went inside Wolfy’s, I told him that I would meet him inside. Q. What did you do inside Wolfy’s, if anything? A. I went in there and I bought a beer and sat down for awhile listening to the music. I stayed there till about—about ten minutes and then I noticed he never came back, sir.”).

  207. p. 220 “When Carlos Hernandez…Shamrock to look for him.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) (“A. I went in there and I bought a beer and sat down for awhile listening to the music. I stayed there till about—about ten minutes and then I noticed he never came back, sir. Q. What did you do then? A. I went back outside to see what was going on, what happened.”).

  208. p. 220 “‘I noticed Hernandez inside the Shamrock Service Station,’ DeLuna testified.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) (“Q. Did you see anything, notice anything? A. I did. I noticed Hernandez inside the Shamrock Service Station.”).

  209. p. 220 “Then he ‘noticed…wrestling with that woman.’”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 420–21 (“Q. Okay. What happened then, if anything? A. Well, then I noticed Hernandez going in somewhere in the counter and started wrestling with that woman, so I started walking off pretty quick, sir.”).

  210. p. 220 “DeLuna ‘started walking away.’”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 420–21.

  211. p. 220 “Asked why he left…’I was involved with this guy.’”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 421 (“Q. [W]hy did you walk away? A. Well, sir, I know I got a record, sir, and if I—if he came back to where I was, I knew these people would say I was involved with this guy, so I got scared and started walking away.”)

  212. p. 220 “When he heard sirens…he began to run.”

    See supra Chapter 2, notes 70, 87, 102, 178–183 and accompanying text.

  213. p. 220 “‘I just kept running’…whatever it took.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 421–22:

    Q. What happened then, if anything?

    A. Well, I kept walking till I got to about Franklin Street, I think it was, or Nemec, can’t remember, sir, then I started running because I heard sirens, police coming and I knew—

    Q. Go ahead.

    A. Oh. And then I knew that if—you know, I just kept running because I was scared, you know. . . .

    Q. Well, what happened then while you were scared and running?

    A. I was running, I slipped—some—felt—I slipped on some bushes or some grass, something like that, about three or four times and then I notice this fence and I jumped over the fence and when I jumped, the fence caught my shirt and it tore and it just came all off, sir.

  214. p. 220 “He lost his shirt…he jumped over.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 421–22.

  215. p. 220 “Finally DeLuna heard people yelling.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 422 (“Q. Then what happened? A. Then I get up and proceeded running and then people started yelling, you know, something. I didn’t know what was going on and I got scared and I dove under the truck, a truck I think it was . . . .”).

  216. p. 220 “Police arrested him there.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 422 (“Q. What happened after [you drove under the truck]? A. After that a policeman arrested me, sir.”).

  217. p. 220 “Coming to…’you knew who did it?’”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 423–24 (“Q. Did you ever tell the police that you knew who did it? A. At one time I was taken back to the gas station, I then told Officer Schauer that I didn’t do it, but I knew who did it and then at one time I also told you about it, my attorneys, about this guy and that you brought me some pictures to see if I noticed him, but—and he turned out to be the guy and the State right here wouldn’t do nothing to help me or nothing to look for this guy.”);

    see Mark Schauer, Corpus Christi Police Officer, Supplementary Police Report (Feb. 8, 1983) at 2 (“The suspect said ‘Hey, man, you take care of me and I’ll take care of you.’ He said this over and over and also kept asking to speak with a sergeant. . . . Before I transported him to the city jail, the suspect also said, ‘I didn’t do it, but I know who did,’ and again and again he said, ‘I’ll help you if you help me.’”);

    Mark Schauer, Corpus Christi Police Officer, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 109–15 (“[DeLuna] repeatedly asked to talk to a sergeant. He kept saying, ‘Hey, man, you take care of me and I’ll take care of you.’ He kept saying that quite often. And at least one time he said, ‘I didn’t do it, but I know who did do it. I know who did do it.’ And also he kept saying, ‘I’ll help you if you’ll help me.’ . . . Kept saying those things over and over.”);

    supra Chapter 3, notes 130–131 and accompanying text.

  218. p. 221 “While riding…’I knew who did it.’”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 423–24.

  219. p. 221 “‘And then at one time…look for this guy.’”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 423–24.

  220. p. 221 “‘I never went in there,’ Carlos responded.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 424 (“Q. Did you ever go into that Sigmor Shamrock on February the 4th, 1983? A. I never went in there before, Sir.”).

  221. p. 221 “Trying to recall the evidence…’Carlos Hernandez.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005), at 02:04:00–2:05:24:

    I remember that’s the crux of the defense, was Carlos Hernandez. Of course, the prosecution made so much of this ghost, Carlos Hernandez. “We couldn’t find him, he doesn’t exist.” “We tried,” I remember, “we tried, we exhausted all avenues to find Carlos Hernandez.” And at the time I thought, I’m sure they did, they want to find the right man. In hindsight, now, after years of covering these things, I think, I wonder how hard they really tried? But I remember too, thinking, if they wanted to save his life, why couldn’t they produce this guy? How difficult would it be to find this guy? I remember thinking that. . . . You think, why can’t they produce this guy?

    Transcribed Videotape Interview with Becky Nesmith, Cousin of Wanda Lopez, in Corpus Christi, Texas (Dec. 8, 2004) at 05:20:33–05:25:37:

    I remember sitting there watching Carlos DeLuna . . . . I sat there and questioned, did he do it? Because they did say that there was another man, that he was the one that did it. But there was no other man or name mentioned in the trial, that I knew about. But I did sit there wondering, did he do it or did he not do it. . . . When Carlos DeLuna said that he did not do it, that it was another Carlos, when I heard that at the trial I thought, that’s just a lie. What a coincidence. It’s not me, it was him. It was another Carlos. It just sounds typical that he would blame that on someone else. But where was that other guy. There was no other guy.

  222. p. 221 “Boudrie vaguely remembered…had the right day.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 03:01:40–03:02:55:

    Q. Mary Ann Perales/Benavides, one of the women that Carlos had said he had been with, do you remember that at all?

    A. Right. I remember her being very reluctant to be involved in the case at all, in any form or fashion. . . . I remember Mary Ann Perales testifying that she was at a baby shower, I believe, when Carlos says he was with her. But she didn’t seem to be adamantly sure, I think it left room for doubt, perhaps, that dates and times had been mistaken. This is just many years later, trying to remember this particular witness. I just remember Perales being very reluctant. I don’t know that the information was really that solid. That’s the impression I got coming away from her testimony.

  223. p. 221 “Before she heard…’he was the one that did it.’”

    Transcribed Videotape Interview with Becky Nesmith, Cousin of Wanda Lopez, in Corpus Christi, Texas (Dec. 8, 2004) at 05:20:33–05:25:37:

    I remember sitting there watching Carlos DeLuna . . . . I sat there and questioned, did he do it? Because they did say that there was another man, that he was the one that did it. But there was no other man or name mentioned in the trial, that I knew about. But I did sit there wondering, did he do it or did he not do it. . . . When Carlos DeLuna said that he did not do it, that it was another Carlos, when I heard that at the trial I thought, that’s just a lie. What a coincidence. It’s not me, it was him. It was another Carlos. It just sounds typical that he would blame that on someone else. But where was that other guy. There was no other guy. And now knowing that there was another Carlos with a different last name, and knowing that Carlos DeLuna, his clothes didn’t have blood, why couldn’t they have matched the footprints in the blood at the scene? Why didn’t his clothes have blood from the scene? Why didn’t they investigate the club he was coming from, which was next door to the Diamond Shamrock? Why couldn’t they ask people at the club if they had seen this man, or who he was with that night, when there was someone else with him, and someone else was blamed. But no one else, but they weren’t questioned.

    See Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:04:00–2:05:24:

    I remember that’s the crux of the defense, was Carlos Hernandez. Of course, the prosecution made so much of this ghost, Carlos Hernandez. “We couldn’t find him, he doesn’t exist.” “We tried,” I remember, “we tried, we exhausted all avenues to find Carlos Hernandez.” And at the time I thought, I’m sure they did, they want to find the right man. In hindsight, now, after years of covering these things, I think, I wonder how hard they really tried? But I remember too, thinking, if they wanted to save his life, why couldn’t they produce this guy? How difficult would it be to find this guy? I remember thinking that. . . . . You think, why can’t they produce this guy?.

  224. p. 221 “But ‘[w]hen Carlos…that’s just a lie.’”

    Transcribed Videotape Interview with Becky Nesmith, Cousin of Wanda Lopez in Corpus Christi, Texas (Dec. 8, 2004) at 05:20:33–05:25:37.

  225. p. 221 “‘There was no other guy.’”

    See supra note 223.

  226. p. 221 “‘It just sounds…someone else.’”

    See supra note 223.

  227. p. 221 “‘How difficult would it be?’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:04:00–02:07:20, 02:10:16–2:11:29 (“I remember that’s the crux of the defense, was Carlos Hernandez. . . . I remember too, thinking, if they wanted to save his life, why couldn’t they produce this guy? How difficult would it be to find this guy? I remember thinking that. . . . . You think, why can’t they produce this guy? . . . I just remember this mystery Carlos Hernandez—does he really exist? Who is he? Did he really get away with this crime?”; “I . . . remember thinking, why can’t they produce him? Somebody didn’t try hard enough. They just didn’t try hard enough. Thinking Carlos’s defense could have been better.”).

  228. p. 222 “‘[W]e exhausted all avenues to find Carlos Hernandez.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:04:00–2:05:24 (“I remember that’s the crux of the defense, was Carlos Hernandez. Of course, the prosecution made so much of this ghost, Carlos Hernandez. ‘We couldn’t find him, he doesn’t exist.’ ‘We tried,’ I remember, ‘we tried, we exhausted all avenues to find Carlos Hernandez.’ And at the time I thought, I’m sure they did, they want to find the right man.”).

  229. p. 222 “‘They want to find the right man.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005), at 02:04:00–2:05:24:

    I remember that’s the crux of the defense, was Carlos Hernandez. Of course, the prosecution made so much of this ghost, Carlos Hernandez. “We couldn’t find him, he doesn’t exist.” “We tried,” I remember, “we tried, we exhausted all avenues to find Carlos Hernandez.” And at the time I thought, I’m sure they did, they want to find the right man. In hindsight, now, after years of covering these things, I think, I wonder how hard they really tried? But I remember too, thinking, if they wanted to save his life, why couldn’t they produce this guy? How difficult would it be to find this guy? I remember thinking that. . . . You think, why can’t they produce this guy?

  230. p. 222 “‘He could have thought of a better alibi than that.’”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:11:29–02:12:30 (“There were, kind of, there were jokes about Carlos Hernandez, this fictional Carlos Hernandez. He could have thought of a better alibi than that, or thought of a better story than that. . . . I think everybody got caught up in it. This is a horrible crime, he must be horrible person, so let’s convict him and go on to the punishment phase. Everybody was kind of on the bandwagon, so to speak.”).

  231. p. 222 “‘[E]verybody got caught up in it,’ she said.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:11:29–02:12:30.

  232. p. 222 “Convinced by…hoped the jurors would, too.”

    See supra Chapter 5, note 101 and accompanying text.

  233. p. 222 “…played for everyone to hear in the courtroom…”

    See supra notes 154 and accompanying text.

  234. p. 222 “DeLuna was the man…his sister’s murder.”

    See Transcribed Videotape Interview with Richard Louis Vargas, Brother of Wanda Lopez, in Corpus Christi, Texas (Dec. 4, 2004) at 07:13:05–07:14:05 (“Q. Richard, do you think the police did a good job in finding out who did this thing to your family? A. At the time, yes.”).

  235. p. 222 “If he really didn’t…turn the other guy in right away?”

    See Transcribed Videotape Interview with Richard Louis Vargas, Brother of Wanda Lopez, in Corpus Christi, Texas (Dec. 4, 2004) at 07:16:24–end of tape (“Q. Do you think Carlos DeLuna was responsible for this crime? A. In that aspect, it’s a harsh way of putting it but I’m not going to use that as an example for the future ones, the one that do a crime like this. If you play with fire and you want to cover up for your friend and you want to look good and not get your friend in trouble and you know who did it and you take it, you take it to your death.”).

  236. p. 222 “Looking back…think they had the right guy.”

    Steve Mills & Maurice Possley, The Secret that Wasn’t, Violent Felon Bragged that He was Real Killer, Last of Three Parts, Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory:

    After the Tribune began its investigation, the lead prosecutor in De Luna’s trial, Steve Schiwetz, decided to examine the case file.

    Troubled by some of the questions being raised, he spent hours at the Nueces County district attorney’s office with a reporter poring over the trial exhibits, police reports and other documents in the case, as well as studying documents the Tribune provided.

    Now a lawyer in private practice, Schiwetz acknowledged that the case relied heavily on eyewitness testimony. “Sometimes it’s reliable. Sometimes it isn’t reliable,” he said in an interview. “And sometimes, in cases like this, you’re not entirely sure how reliable it is.”

    Schiwetz labeled Hernandez a ‘phantom’ at trial, but said he would not have done so if he’d been informed by a fellow prosecutor that Hernandez had been a suspect in the murder of another woman. Schiwetz also said that if he had been told of reports that Carlos Hernandez was claiming to be Lopez’s killer, he would have investigated them.

    “Anytime somebody’s going around saying they killed somebody, I think it’s worth looking at,” he said. “But I’ve heard a lot of people make claims for stuff they did or didn’t do that weren’t true.”

    Ultimately, Schiwetz points to several elements of the case that still persuade him the jury convicted the right man. De Luna, he said, lied when he claimed to have talked to two women at a skating rink on the night of the crime and lied when he apparently said he first met Hernandez in jail. De Luna had lost all credibility, Schiwetz said.

    “He’s lying about the most important story he’s ever going to tell in his entire life,” he said.

    In addition, while De Luna said he lost his shirt while scaling a fence, he gave no explanation for how he lost his shoes, Schiwetz noted. Though the crime lab found no blood or other evidence on them, Schiwetz told the jury that De Luna could have stabbed Lopez without getting blood on his shirt and that any blood on his shoes washed off when he ran through wet grass.

    As for Hernandez’s history of knife crimes, he said, “Every man in this town has carried a knife. And most of us still do. I carry a knife. I did not kill Wanda Lopez or anybody else.”

    Schiwetz’s co-prosecutor on the De Luna case, Ken Botary, also remains confident the verdict was correct.

    “I’m not ready to concede Carlos De Luna was innocent,” Botary said. Archived at: http://perma.cc/WZT7-3WYM.

  237. p. 222 “By then…eyewitness identifications.”

    Steve Mills & Maurice Possley, The Secret that Wasn’t, Violent Felon Bragged that He was Real Killer, Last of Three Parts, Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory. Archived at: http://perma.cc/WZT7-3WYM.

  238. p. 222 “‘”And sometimes…sure how reliable it is.”‘”

    Steve Mills & Maurice Possley, The Secret that Wasn’t, Violent Felon Bragged that He was Real Killer, Last of Three Parts, Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory. Archived at: http://perma.cc/WZT7-3WYM.

  239. p. 223 “…washed off as he ran through the yards…”

    Steven Schiwetz, Prosecutor at Trial of Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 534–35:

    Finally they say that there’s no blood on the clothing. That’s got to tell you something. What it tells you is that if it’s been raining all day [sic] and you run away and you get mud all over your shoes and you get water all over your shoes, that it’s not going to leave a trace for the police or the DPS lab to pick up. That’s what it tells you. . . . Now, why is he shucking his shirt? He’s been lying in the water out there at night, 8:00 o’clock at night, it’s dark, you’re running along and you’re scared because you just killed somebody and the neighborhood is flooded with cops, you’re trying to get away and you’re wearing a shirt this color. . . . Keeping in mind there may never have been any [blood] to begin with because he’s pulling her like this (indicating), she’s bent over, she’s got a dripping wound and he’s pulling her like this.

    But see supra notes 45, 169–170 and accompanying text; supra Chapter 3, notes 35–36 and accompanying text; supra Chapter 10, notes 77–78 & Figure 10.2 (noting that it rained only an eighth of an inch in Corpus Christi that day, starting in the morning; that the rain had passed and that it was clear at the time of the killing; that there was only modest moisture on the ground by then; and that the amount of moisture present was unlikely to have washed away all, even microscopic, traces of blood that the assailant likely had on the bottoms, sides and laces of his shoes, pant cuffs and elsewhere on his pants, shirt, hands and elsewhere on his body).

  240. p. 222 “‘But…did or didn’t do that weren’t true.’”

    Steve Mills & Maurice Possley, The Secret that Wasn’t, Violent Felon Bragged that He was Real Killer, Last of Three Parts, Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory. Archived at: http://perma.cc/WZT7-3WYM.

  241. p. 223 “‘I did not kill Wanda Lopez or anybody else.’”

    Steve Mills & Maurice Possley, The Secret that Wasn’t, Violent Felon Bragged that He was Real Killer, Last of Three Parts, Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory. Archived at: http://perma.cc/WZT7-3WYM.

  242. p. 223 “But what convinced…believed to be DeLuna’s lies.”

    Steve Mills & Maurice Possley, The Secret that Wasn’t, Violent Felon Bragged that He was Real Killer, Last of Three Parts, Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory. Archived at: http://perma.cc/WZT7-3WYM.

  243. p. 223 “DeLuna ‘lied…night of the crime,’ Schiwetz said.”

    Steve Mills & Maurice Possley, The Secret that Wasn’t, Violent Felon Bragged that He was Real Killer, Last of Three Parts, Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory. Archived at: http://perma.cc/WZT7-3WYM.

  244. p. 223 “‘In addition…how he lost his shoes.’”

    Steve Mills & Maurice Possley, The Secret that Wasn’t, Violent Felon Bragged that He was Real Killer, Last of Three Parts, Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory. Archived at: http://perma.cc/WZT7-3WYM.

  245. p. 223 “Finally…’first met Hernandez in jail.’”

    Steve Mills & Maurice Possley, The Secret that Wasn’t, Violent Felon Bragged that He was Real Killer, Last of Three Parts, Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory. Archived at: http://perma.cc/WZT7-3WYM.

  246. p. 223 “Contrary to defense…he met Hernandez in jail.”

    See supra Chapter 12, notes 39–40 and accompanying text.

  247. p. 223 “Schiwetz based this last claim on two recollections.”

    See supra Chapter 11, notes 275–279 and accompanying text.

  248. p. 223 “…the two Carloses hung out together…”

    See supra Chapter 6, notes 26, 188, 197–201 and accompanying text; supra Chapter 8, notes 63–64 and accompanying text.

  249. p. 223 “Schiwetz also recollected…found no overlap.”

    Steve Mills and Maurice Possley, ‘I Didn’t Do It But I Know Who Did,’ New Evidence Suggests a 1989 Execution in Texas Was a Case of Mistaken Identity, First of Three Parts, Chi. Trib., June 25, 2006, at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story?page=6 (“What the lead prosecutor, Schiwetz, recalls is that De Luna’s lawyers told him their client had met Hernandez in jail. Nueces County records were pulled and sent to lead detective Escobedo. When they showed that the men were never in jail at the same time, Schiwetz didn’t pursue De Luna’s claim further.”). Archived at:

    http://perma.cc/8RXT-AM68. See supra Chapter 12, notes 39–40 and accompanying text.

  250. p. 224 “…Carlos Hernandez, if any, was the ‘right’ one…”

    See supra Chapter 12, notes 36–38 and accompanying text.

  251. p. 224 “Regardless…as well as in April 1983.”

    See supra Chapter 9, notes 91–92 and accompanying text; Chapter 12, notes 45–46 and accompanying text.

  252. p. 224 “‘He’s lying…in his entire life.’”

    Steve Mills & Maurice Possley, The Secret that Wasn’t, Violent Felon Bragged that He was Real Killer, Last of Three Parts, Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory. Archived at: http://perma.cc/WZT7-3WYM.

  253. p. 224 “After Lawrence sat down…on the witness stand.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 424 (cross-examination by Steve Schiwetz).

  254. p. 224 “Although she was new…with the jury.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:55:10–02:56:16:

    Steve Schiwetz just really stands out, not only because of his stature—he’s a big guy—but he was just very animated, very good as far as I was concerned. He was captivating, he told a good story. He made you want to believe him. Second chair, I don’t remember, he was second chair. I barely remember Ken [Botary]. I can picture his face. I don’t remember having many dealings with him. Steve was always the front man, the one we did the interviews with. I remember feeling that this guy was good, and he’s going to win his case, he’s got everybody believing this. He got the ball rolling, and it was just going and it seemed to take a life of its own. Just being impressed with Steve Schiwetz.

  255. p. 224 “Years later…other lawyers on the case.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:55:10–02:56:16.

  256. p. 224 “And ‘not just because of his stature.’”

    See supra note 254.

  257. p. 224 “‘He’s going to win…everbody believing this.’”

    See supra note 254.

  258. p. 224 “‘He made you want to believe him.’”

    See supra note 254.

  259. p. 224 “Schiwetz began…what he told the jury.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 424 (“Q. [cross-examination by Steve Schiwetz] Mr. De Luna, do you recall ever telling anyone else a version of your—the events you have recounted here today that is inconsistent with what you just told this Jury? A. You mean the same thing I just told them? Q. Do you remember ever telling anybody anything that’s different from the story that you told these people? A. No, I don’t. Q. You have never done that? A. No, I haven’t.”).

  260. p. 224 “He then showed…Wanda Lopez’s murder.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 425–426:

    Q. Do you remember being taken over to an office over on Alameda and talking to a Doctor Plaisted?

    A. I do remember that.

    Q. Do you remember telling Mr. Plaisted that you couldn’t remember anything about what happened the day that the fall happened?

    A. Well, I was scared, sir, because, you know, I knew he was a psychiatrist.

    Q. Mr. De Luna, could you just answer the question I asked you. Do you remember telling him that you couldn’t remember anything about what had happened?

    A. I do.

    Q. Okay. You denied knowing anything about it, didn’t you?

    A. I did.

    Q. Do you remember talking on June 14th, 1983 to a psychiatrist named Joel Kutnick?

    A. I do.

    Q. Okay. Do you remember telling him that you couldn’t remember anything?

    A. I do remember that.

    Cf. infra Chapter 15, notes 104–105 and accompanying text (court pleadings filed three years later explaining that Carlos DeLuna’s lawyers advised him prior to talking to the court-appointed psychiatrist and psychologist that he should not provide them with any information, based on his right to remain silence in that context as previously established by the United States Supreme Court, see Estelle v. Smith, 451 U.S. 454 (1981)).

  261. p. 224 “When Schiwetz asked…Carlos said he did not.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 424 (“Do you know a man named Gilbert Garcia? A. Gilbert Garcia? Q. Yes, sir. A. No, I don’t.”).

  262. p. 224 “Moments later…soon after he was arrested.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 428 (“Q. And you don’t even remember ever meeting Gilbert Garcia? A. I don’t remember meeting Gilbert Garcia—oh, Gilbert Garcia, now I know who you’re talking about. Okay, I’m sorry. Now I know who you’re talking about. Q. Do you remember calling Gilbert Garcia? A. February 4th, yes, sir. Q. The day of this killing. A. I do remember calling him that same time.”).

  263. p. 224 “Next Schiwetz asked…with Mary Ann Perales.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 430.

  264. p. 224 “Answering Schiwetz’s questions…night of the incident.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 430–31 (“Q. So you claim that you—you claim you were with her for approximately how long that night? A. I would say about 15 minutes, maybe 20. Q. From the time you met her there at the Gulf Skating Rink and y’all went riding around looking for Ronnie Gonzalez—A. No, we didn’t go riding around looking for him. We went to the Circle K. Q. You were only with them for about 15 minutes? A. About that.”).

  265. p. 224 “Before that…’in ’78, ’79, I would say.’”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 431.

  266. p. 224 “No, Carlos answered, she was ‘[j]ust the same.’”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 431 (“Q. How long had it been since the last time you had seen her? A. Sir? Q. How long had it been since the last time you had seen her? A. Back in ’78, ’79, I would say. Q. Has she changed much? A. No, she hasn’t. Q. Sir? A. No, she hasn’t . . . Q. Just the same? A. Just the same.”).

  267. p. 225 “‘…meeting each other a little better’)…”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 433 (“Q. What were the circumstances under which you originally met Carlos Hernandez? A. You mean back then, back when I knew him, first knew him? Q. Yes, sir. A. Well, we used to—oh, I met him with my brother at a dance and we started meeting each other a little better.”).

    Although the jury may not have understood Carlos’s answer in this way, it is likely that he was referring to the Casino Club, where the main activity besides drinking was dancing, and where Carlos and Manuel DeLuna and Carlos Hernandez were frequently present in 1978 and 1979. DeLuna’s reference to a “dance” is consistent with the way young Hispanics in Corpus Christi at the time referred to the Casino Club—as if it held a “dance” every night that it was open. See, e.g., supra Chapter 7, note 57 and accompanying text (using the phrase “[w]hen the dance was finished” to refer to the Casino Club’s closing time); see also supra Chapter 6, notes 26, 197–201 and accompanying text (discussing the Casino Club connection between Carlos DeLuna and Carlos Hernandez); supra Chapter 13 note 43 and accompanying text.

  268. p. 225 “…location not far from Carlos Hernandez’s known residences)…”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 433–34 (“Q. Did you know where [Carlos Hernandez] lived? A. At one time I did. Q. Where was that? A. That was over there by the City Bakery on 19th Street, I think.”).

    City Bakery was located at 808 South 19th Street in Corpus Christi. 1983 Corpus Christi (Nueces County, Texas) City Directory 113 (1983) (listing “City Bakery & Restaurant (Santiago Rivera)” at “808 S. 19th St.” in Corpus Christi).

    Known addresses for Carlos Hernandez in the 1980s include 1008 Buford Street, 217 S. Carrizo Street (his mother Fidela’s house), 826 Hancock Street, 107 Sam Rankin Street (where he lived with Rosa Anzaldua, one block from where Dahlia Sauceda’s van and body were abandoned at the corner of Mexico and Mussett), 714 Seventh Street, 1014 Seventh Street (where he lived with both Cindy Maxwell and Dina Ybañez), and 1201 South Alameda Street, all of which are close to each other and within a mile or so of the City Baker on 19th Street. See Appendix M: Carlos Hernandez Addresses; Employment History, in James S. Liebman, Outline of the DeLuna Investigation (Nov. 5, 2005); DeLuna—New Document Analysis—Players Data Base 6–05, at Rows 156, 158, 219, 363 (entries for Carlos G. Hernandez, Fidela Hernandez, Cynthia Maxwell, Bernadina Ybañez) (Aug. 9, 2005); http://maps.google.com/maps?q=808+South+19th+Street+Corpus+Christi&oe=utf-8&rls=org.mozilla:en-US:official&client=firefox-a&um=1&ie=UTF-8&hq=&hnear=0x86685e48f32c4399:0xa02aec9f6861e6ce,808+S+19th+St,+Corpus+Christi,+TX+78405&gl=us&ei=KZ6-TpWWEOLq0QHWhPzCBA&sa=X&oi=geocode_result&ct=image&resnum=1&ved=0CBwQ8gEwAA (showing the locations of various of these residences within ten to twelve blocks on foot from the City Bakery). Archived at:

    http://perma.cc/7JSR-5A9K.

  269. p. 225 “…(only what his lawyer had told him)…”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 432 (“Q. Well, let me ask you this: Do you personally know what efforts, if any, have been made by the State of Texas to locate Carlos Hernandez personally? A. Personally, sir? Q. Yes. A. No, I don’t.”).

  270. p. 225 “…(‘I did’—perhaps his biggest fib)…”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 434 (“Q. Okay. Have you told your lawyers everything you knew about Carlos Hernandez so that they could try and locate him? A. I did.”).

  271. p. 225 “…(‘I thought he had but I’m not too sure’).”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 434 (“Q. Do you know if Carlos Hernandez has ever been arrested in the city of Corpus Christi? A. . . . I thought he had but I’m not too sure.”).

  272. p. 225 “Carlos said…a beer at Wolfy’s.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 435:

    Q. Do you have a bank account?

    A. Well, not really me. My mother, she put it down, you know, her name and my name supposedly.

    Q. How much money did you have on you that particular night? . . .

    A. About—I would say about a hundred sixty, hundred sixty-five, sir.

    Q. Now, you had been paid a hundred thirty-five earlier in the day; is that right?

    A. Yes, sir. Yes, sir.

    Q. Gone out and bought a twelve-pack for two dollars and sixty cents?

    A. Yes, sir.

    Q. And then you had gone out and bought a few dollars worth of hamburger?

    A. Right.

    Q. That would cut that part down to what, a hundred thirty, something like that?

    A. That’s right.

    Q. And you had 35 extra dollars, too?

    A. About that . . . from last week’s pay check.

    See Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 420:

    Q. Where . . . were you all at when he [Carlos Hernandez] said he had to go to the Shamrock Service Station [to buy something].

    A. At Wolfy’s.

    Q. Were y’all inside or—

    A. No, we were outside standing at the door.

    Q. And do you know if he went over there.

    A. Yes, he did.

    Q. What did you do?

    A. I . . . went inside Wolfy’s, I told him that I would meet him inside.

    Q. What did you do inside Wolfy’s, if anything?

    A. I went in there and I bought a beer and sat down for awhile listening to the music. I stayed there till about—about ten minutes and then I noticed he never came back, sir.

  273. p. 225 “…late 1970s before going to prison…”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 437 (“Q. You ever hang out at the Casino Club? A. I do. Q. Were you a regular there? . . . A. I was a regular back in ’77, ’78.”).

  274. p. 225 “…repeated his criminal record for the prosecutor and jury.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 437–38 (“Q. For the record, you are the same Carlos De Luna who was convicted of the offense of attempted rape back on September 25th, 1980 . . . aren’t you? A. That’s right. Q. You are the same Carlos De Luna who was convicted . . . for the offense of unauthorized use of a vehicle, are you not? A. Yes, I am.”).

  275. p. 225 “Schiwetz concluded by asking…DeLuna answered.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 438 (“Q. But you’re telling this Jury the truth. A. I’m telling this Jury the truth. Q. And you didn’t kill that girl, did you? A. I didn’t kill that girl.”).

  276. p. 225 “He said he…unless they tried to hurt him first.”

    Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) (“Q. And you didn’t kill that girl, did you? A. I didn’t kill that girl. I couldn’t hurt nobody or kill nobody. Q. Are you going to qualify saying you can’t hurt anybody? A. Well, I can’t say that. Q. You can’t say what? A. I can’t say that I won’t hurt anybody. Q. Why can’t you say that? A. Maybe they—maybe they try to hurt me, you know, or something.”).

  277. p. 225 “Mary Ann Perales…State in its ‘rebuttal.’”

    See supra notes 184, 190–192 and accompanying text; supra Chapter 11, notes 182–186 and accompanying text.

  278. p. 225 “The lawyers repeatedly…Karen Boudrie recalled.”

    Mary Ann Perales, Witness Against Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 450–51 (“Q. Would you please state your name for the Jury, ma’am? A. Mary Ann Perales. Q. You’re going to have to speak up some, your voice is real light and I can just barely hear it and you’ve got to talk loud enough so the last man on the jury panel can hear you, okay?”; “Q. Just a second. Your answer is no? A. No. Q. At any time on that day did you talk to him . . .? A. No. Q. Okay. You’re going to have to speak up. A. No.”).

  279. p. 225 “…known Carlos DeLuna through his brother in about 1978…”

    Mary Ann Perales, Witness Against Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 451 (“A. I have seen him before. Q. When did you know him? A. Well, I went to school with his brother and that was about five years ago.”).

  280. p. 225 “‘I was attending’…repeat her answer twice.”

    Mary Ann Perales, Witness Against Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 451 (“Q. I want to direct your attention back to the 4th day of February of 1983 and I want to ask you if you had occasion to meet Mr. De Luna here at the Gulf Bowling Alley or Gulf Skating Rink or someplace like that? A. No. I was attending a baby shower. Q. Just a second. You answer is no? A. No. Q. At any time on that day did you talk to him or run around with him at all? A. No. Q. Okay. You’re going to have to speak up. A. No.”).

  281. p. 225 “The baby shower was for her.”

    Mary Ann Perales, Witness Against Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 452. (“Q. Now do you have any specific memory on what you were doing on the 4th day of February, 1983, in the evening hours, say, around 7:00 or 8:00 o’clock? A. Well, my baby shower started at—at 7:00 o’clock and, well, I was attending my baby shower and it ended about 10:00 . . . . Q. Okay. What was it a picture of? A. My baby shower. It was in the little book, a baby’s book.”).

  282. p. 226 “When questioned…where she was on February 4.”

    Mary Ann Perales, Witness Against Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 454 (“Q. [T]here’s nothing marked on [the photograph] that indicates that this picture was actually taken on February the 4th; is that correct? A. No, but you—I have witnesses. Q. You didn’t take this picture yourself of yourself. A. No, my mother did. Q. So we have no way of knowing if, in fact, this was, other than just what you’re saying that this was taken on February the 4th, 1983. A. Well, that’s all I have.”).

  283. p. 226 “Mary Ann said…baby shower with her.”

    Mary Ann Perales, Witness Against Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 455 (“Q. Do you have a sister? A. Yes, she wasn’t [at the shower], though.”).

  284. p. 226 “The Schiwetz asked…in ’78 and ’79 (thinner).”

    Mary Ann Perales, Witness Against Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 451–52 (“Q. Alright, well, let me ask you this: Was there anything different in your appearance back on February the 4th from the way you appeared three or four or five years ago when you knew this Defendant? A. Well, fat. Q. Okay, why were you fat? A. I was seven months pregnant.”).

  285. p. 226 “…between the poor-quality fingerprints…”

    Ernest Dave Wilson, Corpus Christi Police Fingerprint Examiner, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 459 (“Q. Were you able to make any kind of comparison with [the fingerprints]? A. No, sir, I was not.”);

    supra notes 71–72 and accompanying text; supra Chapter 10, notes 169–171 and accompanying text; supra Chapter 12, notes 7–8 and accompanying text.

  286. p. 226 “…seven Carlos Hernandezes with criminal records.”

    Ernest Dave Wilson, Corpus Christi Police Fingerprint Examiner, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 458–59:

    Q. At my request, did you attempt to make some comparisons between the latent fingerprints lifted by Sergeant Infante and some other—some people with another name?

    A. Yes, sir, I did.

    Q. And what was that other name?

    A. Carlos Hernandez.

    Q. And when did you try and make those comparisons?

    A. About four days ago.

    Q. And at that time were you able to pull out any fingerprint cards over at the Corpus Christi Police Department which matched the name Carlos Hernandez?

    A. Yes, sir, I did.

    Q. And between what ages did you pull those cards?

    A. Between the age of 20 and 30.

    Q. And how many cards did you find with the names Carlos—different defendants with the name Carlos Hernandez?

    A. Seven.

    Q. Did you attempt to make comparisons between the fingerprints of the known fingerprints of different Carlos Hernandezes and the fingerprints which were found, those partial fingerprints which were found on the door at the Sigmor Station?

    A. Yes, I did.

    Q. Were you able to make any kind of comparison with them?

    A. No, sir, I was not.

  287. p. 226 “That concluded the evidence for both sides.”

    Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 468 (“Mr. Schiwetz: The State rests. The Court: All right. Anything else from the Defense? Both sides close? Mr. Schiwetz: The State closes. Mr. Lawrence: Defense closes. Mr. De Pena: Defense closes.”).

  288. p. 227 “‘…who committed this murder or about why he did it…’”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 484–85.

  289. p. 227 “The prosecutor began…DeLuna shortly aftereward.”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 473–82; see Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 477, 492 (“Now, the memory is a strange thing. All of our memories work a little different. But I want to submit to you he [George Aguirre] got a chance to look at that man for five or ten minutes and right afterwards, it became immediately apparent to him that that man’s face and what that man looked like was going to be important and he needed to remember it. And he did. He remembered it and when he saw it again 30 minutes later, he was able to identify him. George Aguirre had no reason to lie.”; “We use the term cold-blooded murder real loosely sometimes, you ought to take a long look at the face of Carlos DeLuna, the face that George Aguirre saw, the face that Kevan Baker saw, the face that Julie Arsuaga saw, the face that John Arsuaga saw, because that’s about the best look you’re ever going to get at a cold-blooded murderer.”).

  290. p. 227 “In the absence…parts of Aguirre’s testimony.”

    See. e.g., Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 476 (“[H]e saw the man putting a knife into his pants, dark-colored pants, the man was wearing a white shirt . . . And he pulled out a dark-colored wallet, a black wallet, and he said, ‘You want some money?’ And Mr. Aguirre could see inside and he said there wasn’t much money there, somewhere between one and four dollars . . . .”).

  291. p. 227 “He brushed aside…remembered only the face.”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 479 (“And you remember what Kevan said, ‘I don’t remember the pants, I don’t remember much about the shirt, I can’t tell you if he was even wearing shoes, but I remember that face.’”).

    Cf. Kevan Baker, Eyewitness to Attack on Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 273–74, 276 (“[I]t looked like he was either starting a beard or that was—you know, he just hadn’t shaved in, you know, ten days, a couple weeks . . . the most hair he had on his face was the moustache area”; “I [described the man to Officer Mejia as wearing] something red with flannel or something flannel with red in it . . . .”).

  292. p. 227 “…mirroring the $149 in DeLuna’s pocket…”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 482:

    The manager of that store, Mr. Gonzalez, told you that they inventory every Tuesday. He inventoried the Tuesday before. They usually come up somewhere between 20 or 30 or $50.00 short every week . . . . Four days later he goes down to inventory right after all this gone on, right after Olivia Escobedo has gone in there and found the cash register open with a couple bills and change laying on top and bills lying on the floor, he inventories and what’s the shortage? A hundred and sixty-six dollars. A robbery, you bet there was a robbery.

  293. p. 227 “…DeLuna’s preference for Winston cigarettes…”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 485, 489 (“I thought it was interesting, his buddy, the one that came up and testified for him, Danny Fino, do you remember what kind of beer he told you he drank? Miller Lite. Lite beer from Miller. Cans look familiar? These are the cans found behind the gas station where Wanda Lopez bled to death.”; “Now, what’s interesting about the 85 is what’s found on the counter afterwards. There are several of these pictures, but you will see it’s a package of Winston’s which we have introduced in evidence. We know, for instance, that the Defendant also smokes Winston’s.”).

  294. p. 227 “…his criminal record…”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 492–93:

    Now, one of the things the Court charges you here relates to the prior convictions of this Defendant. Certainly evidence was admitted before you in regard to the Defendant having been convicted of offenses other than the one for which he’s now on trial . . . One of them was for unauthorized use of a motor vehicle . . . He was also convicted of the offense of attempted rape. Now, we don’t know anything about the facts of that offense . . . I want to ask you if a man who would attempt to rape a woman, at least we can presume it was a woman, if a man who would attempt to rape a woman might get up on the stand and lie to save his own life. You’re allowed to take that into consideration.

  295. p. 227 “…under a pickup truck soon after the crime.”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 483 (“Now, Carlos De Luna. Carlos De Luna, who has been identified by four people as the man who was either there with a knife right before the murder, there fighting with the woman at the time of the murder, or running away from there within seconds after the murder, is found right in front of this house on Franklin Street . . . found hiding underneath a truck in a gutter full of water about 30 minutes later.”).

  296. p. 227 “Then, expressing concern…played the 911 tape again.”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 485 (“I want to talk to you some about this tape. Y’all got to hear it rather hurriedly the other day. There’s a couple things that are interesting on here from an evidentiary standpoint . . . .”);

    see Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 486–91.

  297. p. 227 “Now the killer is inside the store…”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 487.

  298. p. 227 “…she’s alone with him…”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 488.

  299. p. 227 “…he’s pulled the knife out.”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 490–91.

  300. p. 227 “‘She lets out…knife into her.’”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 491.

  301. p. 227 “‘…He knows she knows what’s up so he killed her.’”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 491–92:

    Now, why would he do that? Why would he just walk up there and kill a woman who’s willing to give him what he wants? He didn’t have to do it. Well, y’all can take that thing back there and listen to it again, if you want to. But keep in mind that she’s sitting there talking on the telephone right in front of that guy, “Can’t talk, he’s right here.” She’s sitting there talking on the telephone, giving the police a description of this guy calling for help and looking right at him. He knows the fellow outside has seen him. He knows she’s looking right at him. He knows she knows what’s up, so he killed her.

  302. p. 228 “But the jurors…’cold-blooded murderer.’”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 492 (“We use the term cold-blooded murder real loosely sometimes, you ought to take a long look at the face of Carlos DeLuna, the face that George Aguirre saw, the face that Kevan Baker saw, the face that Julie Arsuaga saw, the face that John Arsuaga saw, because that’s about the best look you’re ever going to get at a cold-blooded murderer.”).

  303. p. 228 “This time…tape recording.”

    See supra notes 154, 162–164 and accompanying text.

  304. p. 228 “The best evidence…he was a liar.”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 493–94 (“He tells you that he knew the Perales girls a few years ago and that that’s who he ran into that night and he was with them for awhile and Mary Ann Perales, I ran her in here, he got a good look at her and I said, ‘Is this the Mary Ann Perales you’re talking about?’”);

    see also Steven Schiwetz, Prosecutor, Rebuttal, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 533–34 (“Let’s talk about lying. He [pointing at DeLuna] lied to his parole officer, there’s no doubt about that, there’s no maybe. He lied about seeing Mary Ann Perales. He lied about how often he went to the Casino Club. He lied about how he lost his shirt. . . . He never did explain how he lost his shoes . . . .”).

  305. p. 227 “‘”Yes.”‘”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 494;

    cf. Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 431 (“Q. How long had it been since the last time you had seen her? A. Sir? Q. How long had it been since the last time you had seen her? A. Back in ’78, ’79, I would say. Q. Has she changed much? A. No, she hasn’t. Q. Sir? A. No, she hasn’t . . . Q. Just the same? A. Just the same.”).

  306. p. 228 “The lie…’this phantom Carlos Hernandez.’

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 494;

    see James Lawrence, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 496:

    I sometimes look at criminal trials and look at the attorneys involved [referring to Schiwetz's closing argument that had just concluded], and I think to myself, “My gosh, look at these frustrated Hollywood would-be actors, never got there.” And they come into the courtroom and use that as a stage, a stage to come before you and point, the dramatic effect point, look straight at the person accused and drive home the point that all of their evidence is believable, and that he’s a cold-blooded killer and none of his evidence is any good.

  307. p. 228 “Based on…’this man lied under oath.’”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 494–95:

    I submit to you that this man lied under oath, that he is not entitled to belief on anything. That anyone who would go out and fabricate events like this man did can’t be believed in any fashion whatsoever. He’s a convicted car thief, he’s a convicted attempted rapist and he murdered Wanda Lopez for no good reason whatsoever. He’s a cold-blooded murderer, he killed her in the course of a robbery and I suggest that when you go back out there in that jury room and you open up the jury forms, it shouldn’t take you a whole long time to pick the appropriate place for the foreperson to sign and that should be the top one where it says that, “We, the Jury, find the Defendant, Carlos De Luna, guilty of the offense of capital murder as alleged in the indictment.”

    See James Lawrence, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 496 (stating that Schiwetz was “look[ing] straight at the person accused” when he ended his closing argument).

  308. p. 228 “‘He’s a convicted car thief…no good reason whatsoever.’”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 494.

  309. p. 229 “‘When you go back…alleged in the indictment.’”

    Steve Schiwetz, Prosecutor, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 494.

  310. p. 229 “Splitting the defense…’frustrated Hollywood would-be actor[ ].’”

    James Lawrence, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 496:

    I sometimes look at criminal trials and look at the attorneys involved and I think to myself, “My gosh, look at those frustrated Hollywood would-be actors, never got there.” And they come into the courtroom and they use that as a stage. A stage to come before you and point the dramatic effect point, look straight at the person accused and drive home the point that all of their evidence is believable and that he’s a cold-blooded killer and none of his evidence is any good. That’s why I say, “we,” we go through all this. I’m not going to persuade you on anything. You heard the evidence, you probably heard it better than we did. Don’t get caught up in this stage production because we’re dealing with two lives, certainly Wanda Lopez’[s] life has a bearing on this case for our society, for our community, certainly my client’s life also has a bearing. Just as important, a life’s a life and all lives are important. He’s charged with capital murder. What evidence has been brought before you that would warrant, actually warrant, the removal—the removal of all reasonable doubt for you to go back into that jury room and to do what the prosecutor has just told you to do, to just take that first form right here and sign it and go back . . . .

  311. p. 229 “Lawrence’s own flourishes…solely for ‘dramatic effect.’”

    James Lawrence, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 496–97 (“On the converse, you can argue, ‘Look how long he gave her to live. Listen to the tape. Count the seconds, how long did he give her to live?’ That’s what [the prosecution] tried to say because that would bring about the dramatic effect.”);

    see supra notes 269–303; see also James Lawrence, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 515 (“This is your decision and your sole decision, based upon the evidence and not sympathy, not dramatic effect that we put on as attorneys . . .”).

    The “theatrics” criticism of Schiwetz may have hit a sensitive nerve. In his rebuttal argument, in perhaps the skilled prosecutor’s only misstep, he said in his defense that, “I didn’t get up here and start waving bloody clothes around”—inadvertently emphasizing the biggest weakness in the state’s case, that there were no bloody clothes from DeLuna to wave. Steven Schiwetz, Prosecutor, Rebuttal, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 528–29.

  312. p. 229 “He also attacked…vendetta against Carlos DeLuna.”

    James Lawrence, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 510–11:

    I did notice one thing, though, and I think that it might prove to be a little interesting, that when they—Mary Ann came in here and testified and she brought her little shower book and they took pictures of her and she had [not] written on there February 4th, that we were to take her word for it. . . . So, I think in a situation like that when you have one person—and then she said, ‘I’ve got people out there to testify,’ and no one else came in here and said, “Yeah, we were at her shower.” I think when you have a situation like that you can say: Well, okay. I don’t know who to believe on that. It’s not necessarily wrong, maybe she’s covering up something, I don’t know . . . I didn’t hear nobody come in and say that was the day. All right?

    Cf. Steven Schiwetz, Prosecutor, Rebuttal, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 533–34:

    He [Lawrence] said Mary Ann Perales, she could be lying. . . . That’s the best he can do, maybe she’s lying. Yeah, well, you now maybe this girl wasn’t killed with this knife, too. . . . Maybe somebody wheeled a Howitzer in there and blew a hole in her lung. Maybe, maybe, maybe. I suggest to you this is the knife that killed her. Maybe Mary Ann Perales is lying. Let’s talk about lying. He [DeLuna] lied to his parole officer, there’s no doubt about that, there’s no maybe. He lied about seeing Mary Ann Perales. He lied about how often he went to the Casino Club. He lied about how he lost his shirt . . . . He never did explain how he lost his shoes . . . .”

  313. p. 229 “In the end…’true or not true.’”

    James Lawrence, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 510 (“My client testified to the events that evening. Told you about Mary Ann Perales. I cannot explain whether that’s true or not true.”).

  314. p. 229 “He didn’t acknowledge…bringing up Mary Ann at all.”

    See supra Chapter 11, notes 181–187 and accompanying text.

  315. p. 229 “Lawrence was more effective…to look at.”

    James Lawrence, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 497, 498 (“What do you really have? You have in effect eyewitness testimony . . . . Whenever we have situations like this, it’s a high stress situation. People react differently, can’t remember what they saw.”; “But what did they do? What did Mr. Schiwetz just argue to you? He said, ‘Well, they brought him back, he did it through a police officer or what-not through George,’ yet when they brought him back to the scene, when they brought my client back to the scene that he identified him there. Well, is that the best place to identify him? You have been through a high stress situation. They bring only one person back: ‘Yes, that is.’ You’re convinced.”);

    James Lawrence, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 500:

    And I point these things out to you because I want to show you that there are also some discrepancies as to way—as to the way even the State’s witnesses testified. They’re not all sure what happened. It’s very difficult and I’m not trying to say that they should be unbelieved because they happen to be the witness, but I’m saying—what I’m asking you to do is to take that into account, that just because you’re an eyewitness, just because you’re there, that your eyes do play tricks with you, that you’re in a high stress situation and that a lot of what you think you saw or what you did could be reinforced, could be suggested to you and that’s the way you have to picture it into your mind and that’s the way you’re going to resay it. And it may not necessarily be completely correct.

    James Lawrence, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 503, 501 (“I submit to you that [John Arsuaga] was not sure. Then he comes into this courtroom and tells you in a very dramatic fashion, ‘Oh, yes, I’m sure that’s him. I’m sure. For a whole week all I could see was his face.’ What does that sound—that sounds like something out of a soap opera. I would maybe believe it had a woman said that . . .”);

    James Lawrence, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 505 (“Eyewitness testimony I think leaves a lot to be desired and I think you all would agree. It’s not the best evidence in the world. Our eyes play foolish things on us, high stress, all these things come together . . .”; “And yet we’re relying on flimsy, to say the least, flimsy eyewitness evidence and everything else by innuendo.”).

  316. p. 229 “So Lawrence…his client’s best alibi…”

    James Lawrence, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 501–02 (“[W]hen I said, ‘Where did this person run that you saw in the store when he came out?’ He said, ‘Well, he ran over there,’ (indicating) and his original statement, remember when we talked about it, that he ran behind the store. He said, ‘Well, he ran that way.’ And I said, “Well, you said he ran behind the store, didn’t you?’ And he said, ‘Yes,’ and then he said, ‘well, when he got over there to the corner of the store, I—I didn’t know where he ran after that.’”).

  317. p. 229 “…someone ‘out of a soap opera.’”

    James Lawrence, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 503:

    He [John Arsuaga] said that he was scared to view the suspect when they brought him back [to the Shamrock]. He didn’t seem scared in here, I don’t understand that. Was he scared or was he just not sure. What seems more believable? A bunch of cops there, a bunch of witnesses there, they went over and looked, several other witnesses went over and looked. What’s his problem? I submit to you that he was not sure. Then he comes into this courtroom and tells you in a very dramatic fashion, “Oh, yes, I’m sure that’s him. I’m sure. For a whole week all I could see was his face.” What does that sound—that sounds like something out of a soap opera. I would maybe believe it had a woman said that, that would have seemed more along those lines, female gender would have said something like that, “I could see his face. I’ve got it implanted on my mind,” but to have a male come in here and say that for the few seconds that he saw him that—that has nothing to do with anything but to gang up, and to do this dramatic effect . . . .

  318. p. 229 “‘I’m sorry, Hector’…court reporter admonished.”

    See, e.g., Trial Transcript, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 517 (“The Court Reporter: I’m sorry, Hector, I can’t hear you.”).

  319. p. 229 “In almost apologetic tones…”

    See, e.g., Hector De Peña, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 516) (“I don’t want to duplicate anything that’s already been said . . . . I don’t want to do that in this case. There are a couple of things I would like to, however, point out just very briefly and before the state comes back. One of the things I wanted to point out, and I realize that it may sound duplicious (sic) in some respects . . . .”).

  320. p. 229 “…lack of blood on DeLuna’s clothing.”

    Hector De Peña, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 517 (“He didn’t make that in-court identification.”);

    Hector De Peña, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 522 (“We could—we could have fingerprinted anyone in here and tried to compare the prints and they wouldn’t have matched up because there’s nothing to match up.”);

    Hector De Peña, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 523 (“You heard the chemist testify that there was no blood on anything.”);

    see also James Lawrence, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 505–06:

    And I’m perplexed, to say the least, as to how we can have a situation in which a person is charged with a capital crime, a person that may have been seen by various people, and yet, we have nothing to connect him with the crime. . . . We go back inside the store, still looking for physical evidence. Everyone claims my client was in there, we find no fingerprints. Nothing. Nothing from my client. . . . [S]omeone must have hung up the phone, someone must have touched the cigarettes, someone must have touched the counter and, yet, we have a person come in here and say, “Well, sometimes we just can’t get fingerprints.”

    James Lawrence, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 513 (“They gave you all the reasons why they could not provide you with any physical evidence. . . . They should have said: ‘Well, we goofed it all up. We just messed it up. We didn’t get no prints, we forgot to have the knife analyzed.’ The state has provided no proof beyond a reasonable doubt—no fingerprints, no knife analysis.”).

    Cf. Steven Schiwetz, Prosecutor, Rebuttal, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 532:

    He talks about physical evidence. Oh, they don’t have any physical evidence. Eyewitness testimony and all that stuff’s not any good. Well, I’ve never seen a defense attorney get up and say in a trial that, “Yeah, you guys are right. You convinced me beyond a reasonable doubt, the Jury should go out and convict him.” There’s not going to be enough evidence to get them to do that. As far as the physical evidence, all I can say is, sorry, they tried. They tried to get fingerprints, you will get to see those cards, there’s hundreds of people go out of those stores every week.

  321. p. 229 “‘I’m—I’m pointing’…he said meekly…”

    Hector De Peña, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 523.

  322. p. 229 “…judge hounded him for taking too much time.”

    Hector De Peña, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 524 (“The Court: You have three minutes.”); see also Hector De Peña, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 521 (“Now, one other thing, and there’s some pictures in there, and I’m trying to be brief because of the time . . . .”).

  323. p. 230 “Any Carlos Hernandez…especially a Winston-smoking…”

    See supra Chapter 6, note 190 and accompanying text.

  324. p. 230 “…cheap-beer-drinking…”

    See supra Chapter 6, note 94 and accompanying text.

  325. p. 230 “…Casino Club–frequenting…”

    See supra Chapter 6, notes 26, 188, 198 and accompanying text; Chapter 7, notes 57–59, 221–222 and accompanying text.

  326. p. 230 “…5-foot, 7-inch, 160-pound…”

    See supra Chapter 9, notes 93, 97 and accompanying text.

  327. p. 230 “…who resembled his tocayo Carlos DeLuna…”

    See supra Chapter 9, notes 124–138 and accompanying text.

  328. p. 230 “…had an explosive temper…”

    See supra Chapter 6, notes 42–46, 93–98, 122 and accompanying text; supra Chapter 7 notes 132, 135, 193 and accompanying text.

  329. p. 230 “…history of armed robberies of convenience stores…”

    See supra Chapter 6, notes 168–170 and accompanying text.

  330. p. 230 “…deadly violence against Hispanic women…”

    See supra Chapter 6, notes 45, 54, 111, 118–121 and accompanying text; supra Chapter 7, notes 148–157, 188–190, 225 and accompanying text; supra Chapter 8, notes 89–90, 99–101 and accompanying text; infra Chapter 17, notes 27, 29, 31, 41–42, 93 and accompanying text.

  331. p. 230 “…sartorial style of a ‘hobo’…”

    See supra Chapter 6, notes 139–140 and accompanying text.

  332. p. 230 “…red flannel shirt-jacket…”

    See supra Chapter 6, notes 139–142 and accompanying text.

  333. p. 230 “…lock-blade buck knife.”

    See supra Chapter 6, notes 50–52, 123–138 and accompanying text; supra Chapter 7, notes 23–24 and accompanying text; infra Chapter 17, note 53 & Figure 10.2.

  334. p. 230 “The best Lawrence could…’can’t get ahold of Carlos Hernandez.’”

    James Lawrence, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 505 (“Was it really Carlos Hernandez and not my client that was running out there? But for the fact that we can’t get ahold of Carlos Hernandez, well, by golly, we got somebody, let’s get him [DeLuna]. What difference does it make[]? My gosh, here is a convicted attempted rapist, that was thrown in there for the benefit of you ladies, the dramatic effect again, that’s part of his jury argument, sure. I’m going to shock your conscience.”).

  335. p. 230 “‘Evidently…haven’t been able to find Carlos Hernandez.’”

    James Lawrence, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 511–12:

    And my client did one other thing. He said that he had given this information [about Carlos Hernandez], and I believe he said to his attorney, and I believe the State tried to say: Well, you know, we helped as such, he’s trying to say we didn’t help, you know, who do you think provided you those pictures? You know, stuff like this to say that they also knew about it. But did you notice one thing about that? That he didn’t come in here at the last moment and say: It wasn’t me, it was somebody else, like some of these other witnesses said. I said this one time, but now I’m coming in here and I’m also saying this and adding on. He didn’t do that. He told this from the very beginning. You heard him. Evidently, from what you have heard, you can deduce that they haven’t been able to find Carlos Hernandez. It would certainly help to say the least [if the state had found him]. But we haven’t been able to do it.

  336. p. 230 “Judge Wallace C. Moore…third day of trial.”

    Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 536 (“The Court: All right. You’re excused now to go into your jury room and, of course, your first act will be to select a foreperson and we’re making arrangements to take you to lunch now in the custody of the sheriff, protective custody of the sheriff.”).

  337. p. 230 “After going out…discussing what they had heard.”

    Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 536.

  338. p. 230 “They would have a verdict…around 5:30 P.M.”

    Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 536–37 (“The Court: Fine. Mr. Morales, I just want to know what you want to do about supper. Do you want to go out for dinner tonight or do you want it brought to you? It will take about an hour out of your deliberations if you go. Juror Morales: Your Honor, If we could have approximately 45 minutes more. The Court: Oh, Sure.”);

    see Linda Carrico, DeLuna Guilty, Could Be Given Death Sentence, Corpus Christi Caller-Times, July 21, 1983, at 1.

  339. p. 230 “If Carlos would plead…death sentence.”

    See supra Chapter 11, notes 77–78 and accompanying text.

  340. p. 230 “He was innocent…negotiate about a sentence.”

    See supra Chapter 11, notes 78–80 and accompanying text.

  341. p. 230 “The jury’s swift verdict…’alleged in the indictment.’”

    Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 539.

  342. p. 231 “Linda Carrico…front-page article the next morning.”

    Linda Carrico, DeLuna Guilty, Could Be Given Death Sentence, Corpus Christi Caller-Times, July 21, 1983, at 1.

  343. p. 231 “‘After deliberating…jury found DeLuna guilty,’ she wrote.”

    Linda Carrico, DeLuna Guilty, Could Be Given Death Sentence, Corpus Christi Caller-Times, July 21, 1983, at 1.

  344. p. 231 “‘Tears welled…embracing him and comforting him.’”

    Linda Carrico, DeLuna Guilty, Could Be Given Death Sentence, Corpus Christi Caller-Times, July 21, 1983, at 1.

  345. p. 231 “Carrico then described…’who DeLuna claimed killed Ms. Lopez.’”

    Linda Carrico, DeLuna Guilty, Could Be Given Death Sentence, Corpus Christi Caller-Times, July 21, 1983, at 1.

Court Decisions

  1. Abdnor v. State, 808 S.W.2d 476 (Tex. Crim. App. 1991);
  2. Abdnor v. State, 871 S.W.2d 726 (Tex. Crim. App. 1994);
  3. Deleon v. State, 126 S.W.3d 210 (Tex. App. 2003);
  4. Haynes v. State, 663 S.W.2d 118 (Tex. App. 1983);
  5. Wilkerson v. State, 736 S.W.2d 656 (Tex. Crim. App. 1987);

Testimony in Court and Depositions

  1. George Aguirre, Witness to Events Outside Shamrock Gas Station, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983);
  2. George Aguirre, Witness to Events Outside Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  3. John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983);
  4. John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  5. Julie Arsuaga, Witness to Man Running Near Shamrock Gas Station, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983);
  6. Julie Arsuaga, Witness to Man Running Near Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  7. Blas Avalos, Carlos DeLuna’s Stepfather, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983);
  8. Kevan Baker, Eyewitness to Attack on Wanda Lopez, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983);
  9. Kevan Baker, Eyewitness to Attack on Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  10. Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983);
  11. Hector De Peña, Trial Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983);
  12. Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  13. Jesse Escochea, Corpus Christi Police Dispatcher, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  14. Daniel Fino, Coworker of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983);
  15. Steven Fowler, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  16. Armando Garcia, Resident of Neighborhood Where Manhunt Occurred, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  17. Dorothy Gomez, Memorial Medical Center Nurse, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  18. Ernesto Gonzales, Nueces County Jail Correction Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  19. Estella Gonzales, Nueces County Sheriff Dep’t Jail Commissary Bookkeeper, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  20. Pete Gonzales, Shamrock Gas Station Area Supervisor, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  21. Joel Infante, Corpus Christi Police Identification Technician, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  22. Robert Klemp, Corpus Christi Police Lieutenant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  23. James Lawrence, Trial and Appellate Lawyer for Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983);
  24. Eddie McConley, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  25. Bruno Mejia, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  26. Thomas Mylett, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  27. Mary Ann Perales, Witness Against Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983);
  28. Ruben Rivera, Nueces County Deputy Constable, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  29. Joseph Rupp, Nueces County Medical Examiner, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  30. Mark Schauer, Corpus Christi Police Officer, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983);
  31. Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  32. State’s Ex. 4, Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  33. State’s Ex. 5, Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  34. State’s Ex. 9, Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  35. State’s Ex. 10, Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  36. State’s Ex. 11, Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  37. State’s Ex. 25, Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  38. State’s Ex. 26, Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  39. State’s Ex. 30, Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  40. State’s Ex. 31, Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  41. State’s Ex. 32, Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  42. State’s Ex. 33, Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  43. State’s Ex. 35, Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  44. Steve Schiwetz, Prosecutor at Trial of Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983);
  45. Steve Schiwetz, Prosecutor at Trial of Carlos DeLuna, Opening Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  46. Steve Schiwetz, Prosecutor at Trial of Carlos DeLuna, Rebuttal, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983);
  47. Statement of Facts, Trial Transcript, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  48. Stipulation of the Parties, Trial Transcript, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  49. Donald Thain, Texas Dep’t of Public Safety Blood Analyst, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  50. Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  51. Trial Tr. of 911 Call, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  52. Luis Vargas, Father of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  53. Mark Wagner, City of Corpus Christi Paramedic, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  54. Wayne Waychoff, Employer of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983);
  55. Ernest Dave Wilson, Corpus Christi Police Fingerprint Examiner, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);

Other Primary Records

  1. George Aguirre, Witness to Events Outside Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983);
  2. Appendix M: Carlos Hernandez Addresses; Employment History, in James S. Liebman, Outline of the DeLuna Investigation (Nov. 5, 2005);
  3. John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983);
  4. Crime Scene Photograph 25500004, Corpus Christi Police Dep’t (Feb. 4, 1983);
  5. Crime Scene Photograph 25500006, Corpus Christi Police Dep’t (Feb. 4, 1983);
  6. Crime Scene Photograph 25500007, Corpus Christi Police Dep’t (Feb. 4, 1983);
  7. Crime Scene Photograph 25500008, Corpus Christi Police Dep’t (Feb. 4, 1983);
  8. Crime Scene Photograph 25500010, Corpus Christi Police Dep’t (Feb. 4, 1983);
  9. Crime Scene Photograph 25500013, Corpus Christi Police Dep’t (Feb. 4, 1983);
  10. Crime Scene Photograph 25500015, Corpus Christi Police Dep’t (Feb. 4, 1983);
  11. Crime Scene Photograph 25500019, Corpus Christi Police Dep’t (Feb. 4, 1983);
  12. Crime Scene Photograph 25500021, Corpus Christi Police Dep’t (Feb. 4, 1983);
  13. Crime Scene Photograph 25500022, Corpus Christi Police Dep’t (Feb. 4, 1983);
  14. Crime Scene Photograph 25500026, Corpus Christi Police Dep’t (Feb. 4, 1983);
  15. Crime Scene Photograph 25500028, Corpus Christi Police Dep’t (Feb. 4, 1983);
  16. Crime Scene Photograph 25500030, Corpus Christi Police Dep’t (Feb. 4, 1983);
  17. Crime Scene Photograph 25500031, Corpus Christi Police Dep’t (Feb. 4, 1983);
  18. Crime Scene Photograph 25500033, Corpus Christi Police Dep’t (Feb. 4, 1983);
  19. Crime Scene Photograph 25500034, Corpus Christi Police Dep’t (Feb. 4, 1983);
  20. Crime Scene Photograph 25500037, Corpus Christi Police Dep’t (Feb. 4, 1983);
  21. DeLuna—New Document Analysis—Players Data Base 6–05 (Aug. 9, 2005)
  22. Police Dispatch Tape, Corpus Christi Police Dep’t. (Feb. 4, 1983);
  23. Bruno Mejia, Corpus Christi Police Officer, Supplementary Report (Feb. 4, 1983);
  24. Pl.’s Ex. 29, Vargas v. Diamond Shamrock, No. 84–4951-D, 86–5900-D (Nueces Cty., 105th Dist. Tex. 1988);
  25. Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 10, 1983);
  26. Mark Schauer, Corpus Christi Police Officer, Supplementary Police Report (Feb. 8, 1983);
  27. Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Undated);
  28. Tr. of Wanda Lopez’s Phone Call to Corpus Christi Police Dep’t on Feb. 4, 1983 at 8:09 (Feb. 10, 1983) (version that appears in the Corpus Christi Police Department records);
  29. Tr. of Wanda Lopez’s Phone Call to Corpus Christi Police Dep’t on Feb. 4, 1983 at 8:09 (Feb. 10, 1983) (version that appears in the Nueces County District Attorney’s records);
  30. Transcribed Videotape of TV Station Archive Tapes on Wanda Lopez Homicide, KZTV Channel 10, Feb. 4, 1983 Archive Tape on Wanda Lopez Homicide, Vargas v. Diamond Shamrock, No. 84–4951-D, 86–5900-D (Nueces Cty., 105th Dist. Tex. 1988);
  31. Transcribed Videotape of Karen Boudrie’s TV News Stories on the DeLuna/Lopez/Vargas Cases (1984–85);

Transcribed Videotape Interviews

  1. Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005);
  2. Transcribed Videotape Interview with Becky Nesmith, Cousin of Wanda Lopez, in Corpus Christi, Texas (Dec. 8, 2004);
  3. Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Texas (Feb. 26, 2005);
  4. Transcribed Videotape Interview with Richard Louis Vargas, Brother of Wanda Lopez, in Corpus Christi, Texas (Dec. 4, 2004);

Notes from Other Interviews

  1. Bruce Whitman’s Notes on Interview with Becky and Jesse Nesmith, Cousin of Wanda Lopez and Her Husband (Sept. 28, 2004);
  2. Sita Sovin & Lauren Eskenazi’s Notes on Interview with Becky Nesmith, Cousin of Wanda Lopez (Oct. 26, 2004);

News Reports

  1. Linda Carrico, DeLuna Guilty, Could Be Given Death Sentence, Corpus Christi Caller-Times, July 21, 1983;
  2. Linda Carrico, Judge Grants DeLuna Stay of Execution, Corpus Christi Caller-Times, Oct. 15, 1986;
  3. Steve Mills & Maurice Possley, A Phantom, or the Killer?, A Prosecutor Said Carlos Hernandez Didn’t Exist. But He Did, and His MO Fit the Crime, Second of Three Parts, Chi. Trib., June 26, 2006, at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-2-story,0,302882.htmlstory. Archived at: http://perma.cc/H9Q6-QBFL.
  4. Steve Mills and Maurice Possley, ‘I Didn’t Do It But I Know Who Did,’ New Evidence Suggests a 1989 Execution in Texas Was a Case of Mistaken Identity, First of Three Parts, Chi. Trib., June 25, 2006, at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story?page=6. Archived at: http://perma.cc/L9MV-HBJ4.
  5. Steve Mills & Maurice Possley, The Secret that Wasn’t, Violent Felon Bragged that He was Real Killer, Last of Three Parts, Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory. Archived at: http://perma.cc/K5QZ-JJUC.

Other Secondary Sources

  1. Kenneth S. Broun et al., McCormick on Evidence 315 (6th ed. 2005);

Figure 13.1:

image

Karen Boudrie reporting outside the Sigmor Shamrock gas station, with Wolfy’s in the background.

 
 
 

Figure 13.2:

Courtroom sketches during the DeLuna trial of (counter-clockwise from top right) the jury, visiting judge Wallace C. Moore, and Carlos DeLuna, and (bottom right) television news shot of Mary Ann Perales waiting to testify.