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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 . . . .").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).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).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.").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.").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.
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.").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.").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.
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.
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.
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.").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.
p. 203 "They were 'out for blood.'"See supra note 13.p. 203 "'It was going to be…penalty in this case.'"See supra note 13.p. 203 "DeLuna's sister Rose…mother lay dying…"See supra Chapter 5, note 5 and accompanying text.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.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?'").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. . . .").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.").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.").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. . . .").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.").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.
p. 204 "'And she had…just an awful ordeal.'"See supra note 24.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.").p. 204 "'When he said'…'it was my cousin Wanda's.'"See supra note 26.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).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.").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.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).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.").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).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."
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").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.").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.").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.").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.
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").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").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").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.").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.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.").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)").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.
p. 205 "Defense Lawyers…have the manhunt tape."See supra Chapter 11, notes 195–207 and accompanying text.p. 205 "They didn't know…half a block to Dodd Street."p. 206 "Further sightings tracked…Domino's and a Circle K at Kostoryz."p. 206 "Nor did they… lurking around the same Circle K."See supra Chapter 2, notes 207–214 and accompanying text.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.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.").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.").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.").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.").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).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.").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.").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").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 . . . .").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").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.").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.").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").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.
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.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).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.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).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.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.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.").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)).p. 207 “…from behind the clerk’s counter…”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.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.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").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.p. 208 “The defense lawyers…lawsuit four years later.”See supra Chapter 11, notes 216–225 and accompanying text.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].").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.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.").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 . . . .
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").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.
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.").p. 209 "But at an earlier hearing…with his lawyers."See supra Chapter 3, note 111 and accompanying text.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).p. 209 "…with the insistent Julie and John Arsuaga…"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. ").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).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.)").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?
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").p. 209 "As usual…"See supra Chapter 2, notes 98–99 and accompanying text.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").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.").p. 210 "Again, however…Kevan Baker saw fleeing the store."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.p. 210 "…urged the reluctant witness…"See supra Chapter 2, note 8 and accompanying text.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.").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").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.").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 . . . .").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").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 . . . .").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.").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.
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.").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.
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.").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.").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.").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.
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.
p. 211 "'How good a look…' she remembered thinking."See supra note 116.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.