1.  p. 12 “He didn’t know Wanda”

    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 27 (“Q. Did you know the attendant at that store? A. No.”).

  2.  p. 12 “But…begging for help.”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“I approached the lady coming out the front door. She had blood all over her. She fell into the building and I helped her on down to the ground. All she said was, ‘Help me, help me.’”);

    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 29 (“[S]he just kind of come against me, and then fell back into the building and started sliding down the side of the window right by the front door, and I seen the blood and she kept trying to get up and I kind of forced her to the ground so that she would lay down and remain calm…. [She said] ‘Help me. Help me.’”);

    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 (“A. I turned around and met the store clerk at the door, she had made it that far. Q. Okay. Did she say anything to you? A. She said, ‘Help me. Help me.’ Q. What did she do then? A. Fell back against the store window and slid to the ground.”).

  3.  p. 12 “Seconds…wrestling with her attacker.”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“Before I could start to pump gas I heard this bang inside the store. I looked up and I seen this man pulling this lady from behind the counter by the hair . . . She appeared to be the clerk. When I seen him pulling her by the hair I first thought they were playing, then I noticed he was really pulling her. She was bent over and he was trying to force her into the back room.”);

    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 267–68:

    Q. And what did you see?

    A. I saw a man and a woman fighting.

    Q. Now, when you saw them fighting, how were they fighting? Were they sitting there duking it out or what?

    A. No he was pulling her hair and I thought they were playing at first, that was my first impression, boyfriend/girlfriend.

    Q. And was there anything to change your mind about that?

    A. Yeah, the longer—longer I stood there, the more seconds I stood there, I realized they weren’t playing.

    Q. Did either one of them appear to be trying to accomplish some aim?

    A. Yes, the gentleman was trying to—definitely pulling the lady by the hair, trying to—apparently pull her through the door into the rear of the store.

    See Bruno Mejia, Corpus Christi Police Officer, Supplementary Report (Feb. 4, 1983) at 1–2 (“Kevan Baker . . . advised me that, as he was getting ready to pump gas into his car, he saw the clerk inside the store struggling with a Hispanic male . . . . The witness, Mr. Baker, advised me that he then observed the subject attempt to carry the clerk into the back room of the store . . . . As he [Baker] neared the [back room] door, Mr. Baker advised that the subject released the girl and walked out of the store . . . .”).

  4.  p. 12 “For…in the navy”

    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 264, 272, 273:

    Q. I want to direct your attention back to February 4th of this year, 1983, and ask you where you were working on that particular date?

    A. I was working for McKenzie Volkswagen.

    Q. And what were you doing for them?

    A. As a salesman.

    . . .

    Q. Okay. Now, I notice you are wearing glasses. Do you have some sort of visual defect?

    A. Yes, sir.

    Q. Okay. What kind is it?

    A. I’m nearsighted.

    Q. Okay. Explain to me what that means.

    A. I can’t see long distances without my glasses.

    Q. Were you wearing your glasses that night?

    A. Yes, sir.

    . . .

    Q. Can you tell the Jury—how tall are you?

    A. I’m five foot six . . . .

    Q. How much do you weigh?

    A. I weigh a hundred sixty pounds.

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 1:05 (“I was in the Navy, had [medic] training.”).

  5.  p. 12 “had…woman’s aid or leave.”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 00:02, 04:00, 28:00, 45:37 (“I looked up and I seen this Hispanic gentleman pulling on the girl’s hair. Basically, I saw it and I thought, ‘oh fuck.’ I don’t know, to me it seemed that the right thing to do was go walk towards the door.”; “And my thought was, I should do the right thing. And I started walking towards the store.”; “Or at least—but basically when I walked to the store my first thought was, ‘Oh fuck I don’t want to be here. Get in my car and leave.’ But I couldn’t. It’s not in me.”; “At [age] 33 or so, I’d been in the oat fields a long time, then traveled in the Navy and been around enough, and I’m going, ‘God, this sucks, it really does.’ But I tried to do the right thing. I walked towards the store, and I tried to help her out. That’s basically what it was about.”).

  6.  p. 12 “When…a gun on him.”

    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 28 (stating that there was no conversation between him and the fleeing man, “just a matter of that one comment . . . . ‘Don’t mess with me. I’ve got a gun.’ And I just stood there looking him in the eye and we kind of stood there for another two seconds and he took off.”);

    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, 280–81 (“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 . . . .”; “[H]e come out and met me and I assume he was still standing on the step, if you want to call it that, and the door shut or about the same time he said, ‘Don’t mess with me, I’ve got a gun,’ and we stood there for a few seconds and he took off running.”).

  7.  p. 12 “By…’67 Mercury Cougar.”

    See Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (indicating “age thirty-two” at time of attack);

    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 263, 264 (“Q. And how old are you, Kevan? A. Thirty three.”; “I was driving a ‘67 Cougar.”);

    see also Crime Scene Photograph 25500023, Corpus Christi Police Dep’t (Feb. 4, 1983) (showing Baker’s car, with jacked-up rear end and racing tires).

  8.  p. 12 “He…for a man’s life.”

    See 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 (noting that Baker seems “a little nervous,” prosecutor Schiwetz asks him to “slow down”);

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 40:00 (“Q. Have you had to deal with the police officers other than this case? A. Trying to think. No, not really. Not like this, you know. Like I said, my first thought is, ‘I don’t wanna be here.’ But I felt as an American, I should do the right thing.”).

  9.  p. 12 “Soon…he left Corpus Christi.”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 36:05–37:01:

    Q. And as far as Corpus Christi, you had only been there 8 months?

    A. Yeah about. This is ‘83 and I end up leaving in the summer of ‘85.

    Q. Are you from Corpus Christi? Or are you from someplace else?

    A. No. I’m from right here [in southern Michigan].

    Q. You’re from right here. So you moved down there for—?

    A. I was down there quite awhile, actually. ‘83. Maybe, no it wasn’t 8 months, I think I was there longer. I just don’t. I know I had lived in Houston for about a year. I was in Corpus, and I went to Houston and then I went back to Corpus because friends up here lived in both places, and I got in the car business about 8 months. ‘83 February. My mom died in ‘81. I’d been there probably a little over a year, I’m guessing, and I end up leaving, so I was there I’d say 5 years. But it was probably more like 4. But I was there for awhile afterwards.

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 37:01 (“But she wasn’t much of a wife. Married 3 months, you know. So I really don’t remember. But I guess I was heading home to her house or our house at the point because otherwise I would probably a’ gotten gas and went to the club.”).

  10.  p. 12 “Baker…cool Friday evening.”

    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 264 (“Q. Now, on that—on that particular date, can you tell us how late you were working? A. I worked till 8:00 o’clock every night that week.”);

    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 32 (“I got off at 8 o’clock or five minutes after, approximately.”).

  11.  p. 12 “He’d…hit the clubs.”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 00:02–01:05 (“I was working as a car salesman, seven to seven. It was late.”);

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 37:01–38:33:

    Q. Ok. You had mentioned at [age] 33 you were planning to go out and do a little partying afterwards? What clubs did you go to down there?

    A. Oh god, don’t ask me that. I don’t remember any of the names of them. And I can’t even remember where they are at now. But I was heading for, I was married in that time for about 3 months, and I don’t know if I was heading to my place or if I was heading to her place, our place. . . . But I guess I was heading home to her house or our house at the point because otherwise I would probably a’ gotten gas and went to the club.

  12.  p. 12 “Ten…Sigmor for gas.”

    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 264 (“I was on my way home and I stopped to get some gas. Q. Where did you stop? A. At the Sigmor gas station.”);

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (describing that on or about 8:15 p.m. he pulled into the Sigmor Shamrock station).

  13.  p. 12 “As…the store window.”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (describing the noise he heard as a “bang”);

    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 25–26, 35, 36 (“bang”);

    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, 267 (“bang,” “thump”);

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 00:02–01:05 (“bang”).

  14.  p. 13 “…pay before pumping.”

    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 25–26 (recalling that “I heard a bang on the window,” “on the glass,” and “was thinking that she wanted me to come in and pay before I put gas in my car”);

    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 267 (stating that Baker heard a “thump” on the window and “assumed that the clerk was alerting me that I had to come in and pay for the gas first”);

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 00:02 (“I got the gas nozzle off the pump, and went to insert it, and heard a bang on the window. I went, ‘Aw shit,’ you know, ‘I got to go in and pay first,’ which never had happened. I tried it and nothing came out. I looked up. . . .”).

  15.  p. 13 “Baker…of there quickly.”

    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 26 (“Q. What did you do when you heard the bang on the window? A. I just went ahead and squeezed—I had the nozzle in my trunk or in my gas tank I just went ahead and squeezed it to see if the nozzle would work or if it would pump gas and it didn’t, so then I looked up . . . .”);

    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 (“I heard this bang on the window and I proceeded to go ahead and try to pump gas and the pumps weren’t working.”);

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 00:02 (“[Baker] got the gas nozzle off the pump, and went to insert it, and heard a bang on the window. I went, ‘Aw shit,’ you know, ‘I got to go in and pay first,’ which never had happened. I tried it and nothing came out. I looked up. . . .”).

  16.  p. 13 “When no gas came out”

    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 267 (“Q. Well, did the pump turn on when you tried to get gas? A. No, sir.”).

  17.  p. 13 “Baker…window at the clerk.”

    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 26, 36 (“Q. What did you do when you heard the bang on the window? A. I just went ahead and squeezed—I had the nozzle in my trunk or in my gas tank and I just went ahead and squeezed it to see if the nozzle would work or if it would pump gas and it didn’t, so then I looked up and saw two people wrestling inside the store.”; noting that Baker first “squeezed the grip, no gas, of course, and then I looked [up]”);

    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, 267 (testifying that he “went to the pump and grabbed the nozzle and went to put it in the tank and just before I went to insert the nozzle into my tank, I heard this bang on the window and I proceeded to go ahead and try to pump gas and the pumps weren’t working.”; “Q. Well, did the pump turn on when you tried to get gas? A. No, sir. Q. What did you do then? A. I looked up and saw what was going on . . . .”).

  18.  p. 13 “That’s…saw the wrestling.”

    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 26, 36 (testifying that, “then I looked up and saw two people wrestling inside the store.”; “then I looked”; “Q. And that’s when you saw them wrestling? A. Yes.”);

    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 267 (“Q. And what did you see? A. I saw a man and a woman fighting.”).

  19.  p. 13 “A…the female clerk.”

    See supra note 18.

  20.  p. 13 “…Baker said later.”

    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 267–68 (“I saw a man and a woman fighting. . . . I thought they were playing at first, that was my first impression, boyfriend/girlfriend.”).

  21.  p. 13 “‘It was a struggle.’”

    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 26 (“I thought they were playing. . . . Well, it only took about two or three seconds to realize that they weren’t playing.”);

    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 267–68 (“I saw a man and a woman fighting. . . . I thought they were playing at first, that was my first impression, boyfriend/girlfriend. . . . [The] longer I stood there, the more seconds I stood there, I realized they weren’t playing.”);

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 04:00–6:00 (“[I]t was a struggle [between the clerk and the man inside the gas station store].”).

  22.  p. 13 “Baker…’back 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 270 (“The gentleman had the lady . . . and [was] trying hard to get her into the back of the store . . .”).

  23.  p. 13 “There was a back room”

    See Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 15:42:25–15:43:43 (“The counter . . . there was a work counter for the employees that faced the gas pumps. Then it was a 90-degree turn to look down the aisle of the store. The counter was 4, 5 feet long, then there was a back room behind us, directly opposite the window [describing a small room in the back, northwestern, corner of the store, behind the counter].”).

  24.  p. 13 “…to hold herself back.”

    Bruno Mejia, Corpus Christi Police Officer, Supplementary Report (Feb. 4, 1983) at 1–2 (“Baker . . . advised me that, as he was getting ready to pump gas into his car, he saw the clerk inside the store struggling with a Hispanic male . . . . Mr. Baker, advised me that he then observed the subject attempt to carry the clerk into the back room of the store. . . . As he [Baker] neared the [back room] door, Mr. Baker advised that the subject released the girl and walked out of the store . . . .”);

    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 27, 35 (“[T]he gentleman was trying to pull the girl into the back room.”; “[The man was] pulling [the clerk] towards the back door toward, I suppose, a storage room and she was doing all she could to hold herself back.”);

    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 268, 269 (describing the man trying to “apparently pull her through the door into the rear of the store,” “this door right here [indicating on diagram],” and “[s]he was trying to hold herself back.”).

  25.  p. 13 “At…must have come out.”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 04:00–06:00:

    A. He has his two hands in her hair he was just jerking her as hard as he could jerk her. And when I looked, glanced up from pumping gas, or trying to, I looked up and that’s the first thing I saw. And my thought was, I should do the right thing. And I started walking towards the store.

    Q. When you testified you mentioned that it appeared they were horsing around or wrestling or struggling?

    A. Oh, no, it was a struggle. He definitely was just going . . . . He was probably pulling her hair out, because he was just jerking her trying to hide her in my opinion of it.”).

  26.  p. 13 “‘Oh fuck,’ Baker thought.”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 00:02—01:05 (“I looked up and I seen this Hispanic gentleman pulling on the girl’s hair. Basically, I saw it and I thought, ‘oh fuck.’”).

  27.  p. 13 “‘Get in the car and leave.’”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 28:00–29:08 (“[M]y first thought was, ‘Oh fuck I don’t want to be here. Get in my car and leave.’”).

  28.  p. 13 “But…the struggling woman.”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 00:02–01:05, 04:00–05:07, 28:00–29:08, 40:00–41:45, 45:37–end (“I saw it and I thought, ‘oh fuck.’ I don’t know, to me it seemed that the right thing to do was go walk towards the door.”; “And my thought was, I should do the right thing. And I started walking towards the store.”; “[M]y first thought was, ‘Oh fuck I don’t want to be here. Get in my car and leave.’ But I couldn’t. It’s not in me.”; “Like I said, my first thought is, ‘I don’t wanna be here.’ But I felt as an American, I should do the right thing.”; “I’m going, ‘God, this sucks, it really does.’ But I tried to do the right thing. I walked towards the store, and I tried to help her out. That’s basically what it was about.”).

  29.  p. 13 “‘To…towards the door.’”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 00:02–1:05, 40:00–41:45 (“I don’t know, to me it seemed that the right thing to do was go walk towards the door.”; “But I felt as an American, I should do the right thing. . . . To me it seemed like the right thing to do was go walk towards the door.”).

  30.  p. 13 “‘The gentleman’…Baker recalled.”

    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 27, 36, 37 (“[T]he gentleman was trying to pull the girl into the back room and as I started walking toward the door, the gentleman threw her on the floor”; testifying that Baker “turned” and “started towards the door”; “as I was walking toward the door, the [man] or the—the girl in this case was throwed to the floor and the [man] met me at the door.”);

    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, 280 (“The gentleman 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.”; “I walked toward the door and he threw her to the floor and met me at the door.”);

    Bruno Mejia, Corpus Christi Police Officer, Supplementary Report (Feb. 4, 1983) at 1–2 (“Kevin [sic] Baker . . . advised me that, as he was getting ready to pump gas into his car, he saw the clerk inside the store struggling with a Hispanic male . . . . Mr. Baker advised me that he then observed the subject attempt to carry the clerk into the back room of the store. . . . As he [Baker] neared the [back room] door, Mr. Baker advised that the subject released the girl and walked out of the store”).

  31.  p. 13 “‘As…me at the door.’”

    See supra note 30.

  32.  p. 13 “The man came out of the door.”

    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 27–28, 36, 37 (describing his own position in relation to the man running out of the store: “Approximately three feet” from the man; Baker had reached the curb outside the store “and was met by a gentleman coming out’’; the man opened the door, which opened outwards; “so he come out the door and the door was still open, we was just face to face”);

    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 265–72, 280–81 (“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”; estimating that he and the man were “three feet apart”).

  33.  p. 13 “holding…about 3 feet away.”

    See supra note 32.

  34.  p. 13 “The…Baker in his tracks.”

    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 39–42 (“I just stood there looking him in the eye and we kind of stood there for another two seconds and he took off.”);

    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 280–81 (“[W]e stood there for a few seconds and he took off running.”).

  35.  p. 13 “‘I got a gun,’ the man said.”

    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 28–29 (describing his encounter with the man as he came out of the door: no conversation, “just a matter of that one comment . . . ‘Don’t mess with me. I’ve got a gun.’”);

    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 265–72, 280–81 (“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.”; estimating that he and the man were “three feet apart”; “he [the assailant] come out and met me and I assume he was still standing on the step, if you want to call it that, and the door shut or about the same time he said, ‘Don’t mess with me, I’ve got a gun,’ and we stood there for a few seconds and he took off running.”).

  36.  p. 13 “no gun or any money”

    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 28 (“Q. Did you see a gun? A. No, sir.”);

    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 (testifying that he saw no weapon in the man’s hands);

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 06:55–08:02, 12:00–12:26 (“Q. This fellow that ran out of the store, did you see anything in his hands? Money or anything like that? A. I saw nothing.”; “Q. Did you see a weapon? A. No.”).

  37.  p. 13 “but…man in the eye.”

    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 28–29 (describing his encounter with the man as he came out of the door: no conversation; “just a matter of that one comment . . . ‘Don’t mess with me. I’ve got a gun.’ And I just stood there looking him in the eye and we kind of stood there for another two seconds and he took off.”);

    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 270–71, 281 (“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”; estimating that he and the man were “three feet” apart; “[the assailant] come out and met me and I assume he was still standing on the step, if you want to call it that, and the door shut or about the same time he said, ‘Don’t mess with me, I’ve got a gun,’ and we stood there for a few seconds and he took off running.”).

  38.  p. 13 “My…actually had one.”

    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 (“I paid all my attention to his eyes”);

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 28:00–29:08 (“But my main thing was eye to eye contact to make sure he didn’t use the gun on me, if he actually had one that he said, you know.”).

  39.  p. 13 “After…his right profile.”

    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 (“Q. Okay. And which way did he run? A. He ran to the left—it would be to my right or to his left in an easterly direction.”).

  40.  p. 13 “Then…gas station store.”

    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 27–28 (noting that Baker and the man “looked each other in the face and he took off”; “And I just stood there looking him in the eye and we kind of stood there for another two seconds and he took off.”);

    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, 281 (“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.”; “Q. Okay, when you say, ‘he ran,’ do you mean a fast run or a sprint, a jog, a lope, a trot? A. I would say a sprint. Q. He was running pretty fast? A. Yes, sir.”).

    On the direction in which the attacker fled, see Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“He came out the door face to face with me. He told me don’t mess with me I got a gun, and ran off behind the station.”);

    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 38:

    A. We looked at each other and he turned to his left, and fled east on foot.

    Q. And what would be—which direction from the direction that you had come from originally?

    A. It would be in the approximate same direction I was walking in and I was walking at an angle towards the door and I—like I say, the best way to describe it, he headed east from the door.

    Q. So if we had to say “left” or “right” as he walked outside the door—

    A. We would say left.

    Q. We would say left?

    A. From his direction. It would be my right, but it would be his left.

    Q. All right. As you walked out of the door of the station, it would be left.

    A. As he did, yes.

    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, 270–71, 281–82, 283 (“took off in an easterly direction (indicating)”; “he went running in this direction (indicating)”; “Q. Okay. And which way did he run? A. He ran to the left—it would be to my right or to his left in an easterly direction.”; “Q. Okay. Do you recall in your statement [to police that night] 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. [D]id he go eastward and then turn around and go up the—behind the station. A. . . . [C]orrect[] . . . . He ran around to the eastward direction and took off out of sight”; “Q. [Y]ou presumed that he probably ran behind the station. A. Yes, sir.”).

  41.  p. 13 “When…Wofly’s (figure 2.1).”

    Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) (summarizing statement of Kevan Baker, Eyewitness to Attack on Wanda Lopez: “The subject then fled off behind the station.”);

    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 34 (“A. They said he was running to the rear of the store. Q. To the rear of the store? A. Right.”; “Q. You said that they said the person was running to the rear of the store. Who are you getting that information from? A. Several units in the field.”);

    Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 6, 1983) at 1 (“An officer at the scene broadcast information that the suspect had shot [sic] the clerk at the Shamrock [Sigmor] station and then ran north, on foot, behind the Shamrock station.”).

    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 93–95 (he was searching for the suspect “down Dodd into the neighborhood”);

    Transcribed Videotape Interview with Ruben Rivera, Nueces County Deputy Constable, in Robstown, Texas (Dec. 7, 2004) at 02:09:18–02:09:30, 02:10:02–02:10:08 (“One of the persons that was there, I forget who it was, but he came forward and he pointed in the direction of Dodd Street and he hollered, ‘He ran that way.’”; “Q. And so they pointed and said, somebody said, ‘He went that-a-way,’ and they pointed which direction on Dodd? A. North. North, because Dodd dies right there at the freeway. It runs perpendicular from the freeway.”);

    Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:03:25 (recalling that after being called by the police to come to the gas station, he was told that the perpetrator “ran due West, and then ultimately, North, on Dodd, behind the location and back into the neighborhood”).

  42.  p. 14 “He…about 170 pounds.”

    Bruno Mejia, Corpus Christi Police Officer, Supplementary Report at 1 (Feb. 4, 1983) (“I then contacted Witness #1, Kevin [sic] Baker, who advised me that . . . Hispanic male, approximately 5’7” to 5’9””);

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“This man was a Hispanic male, five feet eight inches tall, one hundred and seventy pounds, dark hair”);

    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 39–41 (“Told him [police officer] he was a Hispanic male.”);

    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 (“Q. Can you tell the Jury—how tall are you? A. I’m five foot six. Q. And was this fellow taller, shorter, the same size? A. Taller. Q. How much? A. I’m not real sure, inches. Q. A lot, a little? A. A little. Q. How much do you weigh? A. I weigh a hundred sixty pounds. Q. How much does the man that you were dealing with weigh approximately? A. A hundred eighty.”);

    see also Tamara Theiss’s Notes on Interview with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Murders (Feb. 27, 2005) at 2:

    I became the lead investigator on the Wanda Lopez case because I just happened to be working as the lead investigator on the night shift when her 911 call came in. I remember that I had only been at work for a few minutes when her call came in. I recall that it was a “robbery in progress” which justified sending an investigator and a lot of police to look for the suspect. I remember that Sigmor gas station. When I got out to the gas station, there were police cars everywhere. The neighborhood was literally saturated with police, fanning out looking for Mr. DeLuna. Mr. DeLuna had been reported by witnesses to have run out behind the gas station in a northern direction, right into the residential neighborhood behind the gas station. . . . I remember that there were police cars everywhere, at the station and all around the neighborhood around the station, looking for DeLuna. I could hear their progress on my radio.

  43.  p. 14 “Baker…twenty-six years old.”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (estimating the man’s age as “about twenty four years old”);

    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 (“Q. Can you give us a guess as to how old he was? A. Twenty-four, 26.”);

    see Kate Wagner McCoy’s Notes on Interview with James J. Vanecek, Fire Dep’t Emergency Medical Technician (Mar. 31, 2005) at 1 (describing events witnessed by a Fire Department emergency medical technician called to the scene to assist Wanda Lopez: “He thinks a PO [police officer] stated a Hispanic male probably by himself committed offense. Middle twenties. Fled the scene.”).

  44.  p. 14 “Years…’maybe late twenties.’”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 13:55–14:56 (estimating the age of the man as “young thirties, probably, maybe late twenties”).

  45.  p. 14 “At…’was very hungry.’”

    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.”; “[T]he night I saw him he looked like 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.”).

  46.  p. 14 “His…shabby and unclean.”

    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 (noting that the man’s “clothes weren’t all, you know, really pressed or super neat and clean”).

  47.  p. 14 “He…’a couple weeks.’”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (describing the assailant as having a “mustache”);

    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 39–42 (“:

    Q. You’re sure about a moustache?

    A. Yes.

    Q. You’re sure about a beard?

    A. It depends on your definition of a beard. Are we talking about a full beard, or whisker growth?

    Q. I’m talking what you saw.

    A. Okay. I saw a gentleman who hadn’t shaved in approximately ten days, seven days and had whiskers all over his face and possibly a full moustache . . . .”);

    see 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 272–73, 273–74, 286 (describing the assailant as having a “moustache”;

    “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 . . . you know, he just hadn’t shaved in, you know, ten days, a couple weeks.

    Q. Did he have a moustache?

    A. Yes.”).

  48.  p. 14 “He…light-colored sweatshirt.”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“He had on what looked like a flannel shirt with some red in it.”);

    Mark Schauer, Corpus Christi Police Officer Supplementary Report (Undated) at 1 (The bolo advised the suspect was a Hispanic male . . . [who] wore dark pants and a flannel shirt . . . dark wavy, ear-length hair.”);

    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 28–29, 39–42 (“I described [to the officer] a shirt that had some red in it.”; “I felt that it was something with red in it”; “something long-sleeved”; “possibly a flannel shirt”);

    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 265–77, 281, 286 (describing man’s shirt as “something red with flannel or something flannel with red in it”);

    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 (testifying that when Mejia arrived at the scene, Baker described the assailant as wearing a “gray type of shirt, possibly a sweatshirt type of shirt”).

  49.  p. 14 “Baker…the man was gone.”

    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 39–42 (“I just stood there looking him in the eye and we kind of stood there for another two seconds and he took off.”);

    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 280–81 (“[W]e stood there for a few seconds and he took off running . . . .”);

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 01:05 (“I watched him run away, make sure he got a good distance away.”).

  50.  p. 14 “The attacker…Baker said.”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 12:26–13:55, 17:17–18:25 (“He didn’t seem like drugs or anything or like drunk; he knew what he was doing.”; “I watched him go and turn. And when I turned back to see what was going on. I turned back, I wanted to make sure he was gone.”).

  51.  p. 14 “‘He knew what he was doing.’”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 12:26–13:55, 17:17–18:25 (“He didn’t seem like drugs or anything or like drunk; he knew what he was doing.”; “I watched him go and turn. And when I turned back to see what was going on. I turned back, I wanted to make sure he was gone.”).

  52.  p. 15 “After…what to do.”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“A man drove in, I told him to call the police and he went right over to the telephone to call.”);

    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 28–29 (“I turned around and went a couple steps back towards my car, just kind of not knowing what to do, and a car pulled in from the west, heading east in the gas station, the gentleman had his window down, I yelled for him to call the police.”);

    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, 283–84 (“I turned—trying to think what to do basically and as I turned, if I may use this pointer, I seen a car pulling in here and I proceeded to come a few steps away from the door and the gentleman had his window down and I yelled at him to call the police.”; describing what Baker did “after [he] lost sight” of the man: “I made that statement to the gentleman pulling in to call the police and as I turned around to see how she [Wanda Lopez] was . . .”).

  53.  p. 15 “A vehicle pulled in from the west.”

    See supra note 52.

  54.  p. 15 “The driver…call the police.”

    See supra note 52.

  55.  p. 15 “She…the front door, barefoot.”

    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 15, 1983) at 297 (describing condition of Wanda Lopez when Detective Escobedo arrived at the scene and observed the medics working on the store clerk: “She was barefooted, there was blood on the soles of her feet.”);

    see Crime Scene Photograph 25500005, Corpus Christi Police Dep’t (Feb. 4, 1983) (showing Wanda’s left sandal behind the counter);

    Crime Scene Photograph 25500007, Corpus Christi Police Dep’t (Feb. 4, 1983) (showing Wanda’s right sandal upside-down behind the counter).

  56.  p. 15 “…dripping a trail of blood.”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (“I approached the lady coming out the front door. She had blood all over her.”);

    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 29 (“I turned around and this young lady was coming out the door and I met her at the door. Q. Now, who would the young lady be? A. Pardon me? Q. Who would that young lady be? A. I assume the attendant. Q. Okay. And then you met her? A. At the door, and she just kind of come against me, and then fell back into the building, and started sliding down the side of the window right by the front door, and I seen the blood . . . .”);

    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 (“I turned around and met the store clerk at the door, she had made it that far.”);

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 14:56–16:02 (“She come [to] the door and she was hysterical. . . . I saw blood.”).

  57.  p. 15 “Baker went to her.”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (“I approached the lady coming out the front door.”);

    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 29 (“I turned around and this young lady was coming out the door and I met her at the door.”);

    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 (“I turned around and met the store clerk at the door . . . .”).

  58.  p. 15 “‘She…by the front door.’”

    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 29 (“I turned around and this young lady was coming out the door and I met her at the door. Q. Now, who would the young lady be? A. Pardon me? Q. Who would that young lady be? A. I assume the attendant. Q. Okay. And then you met her? A. At the door, and she just kind of come against me, and then fell back into the building, and started sliding down the side of the window right by the front door, and I seen the blood . . . .”).

  59.  p. 15 “As…along the doorframe.”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 14:56–16:02, 16:02–17:17 (“[T]here was still blood that she left on the window and stuff like that. And I go, ‘oh my god. . . .’”; “There was enough [blood] that it streaked down the window as I was getting her down cause she was back against the window.”; “Q. Did you notice blood on her clothes? A. Oh yeah, by all means, on her left side. . . . And it left blood on the window and going on down.”);

    see Crime Scene Photograph 25500020, Corpus Christi Police Dep’t (Feb. 4, 1983);

    Crime Scene Photograph 25500024, Corpus Christi Police Dep’t (Feb. 4, 1983);

    Crime Scene Photograph 25500033, Corpus Christi Police Dep’t (Feb. 4, 1983) (all showing blood smeared on Sigmor store’s front door and frame).

  60.  p. 15 “There…front and back.”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 01:05–02:00, 06:00–06:55, 16:02–17:17 (“I saw blood on her left side.”; “Q. Did you notice blood on her clothes? Oh yeah, by all means, on her left side.”).

  61.  p. 15 “Wanda was hysterical…”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 14:56–16:02 (“She come the door and she was hysterical . . . .”).

  62.  p. 15 “‘Help me, help me…’”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (“All she said was, ‘Help me, help me.’”);

    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 29 (“Q. Did she say anything to you? A. Just, ‘Help me. Help me.’”);

    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, 283 (“Q. Okay. Did she say anything to you? A. She said, ‘Help me. Help me.’”; “She . . . asked me for help, she said, ‘Help me, help me,’ and she fell against the window, slid down . . . .”).

  63.  p. 15 “Baker…’lay down, get calm.’”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“I helped her on down to the ground.”);

    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 29 (“[S]he kept trying to get up and I kind of forced her to the ground so that she would lay down and remain calm.”);

    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 274–75 (“Q. What did you do to try and help her? A. I tried to make her stay on the pavement.”);

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 14:56–16:02 (“I put her back against the wall first; told her you gotta lay down, get calm; as I helped her down and I helped her lay on the concrete in front . . . .”).

  64.  p. 15 “Baker’s…looked for a wound.”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 01:05–02:00 (“I was in the Navy, had [medic] training. I said, got to get them down and get them not be moving around and stuff. And I got her to the concrete in front of the store, so I could get something to stop the blood.”).

  65.  p. 15 “He…left side of her bra.”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 01:05–02:00 (“I pull up her sweater and I was gonna help her and she was stabbed right through the bra or whatever.”).

  66.  p. 15 “’[T]hat’s what [the attacker] sliced.’”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 16:02–17:17 (“[A] women has an artery that goes to the breast; and that’s what he sliced and then all the blood went into her lungs at that point, the way I understand it now. Of course she had the initial blood.”).

  67.  p. 15 “Baker…for something to use.”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (“I went on into the building . . . to get some paper towels.”);

    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 275 (“I proceeded to go into the store. Q. What did you go in the store for? A. To get some paper towels or something to stop the bleeding.”);

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 1:05–2:14 (“I was in the Navy, had [medic] training. I said, got to get them down and get them not be moving around and stuff. And I got her to the concrete in front of the store, so I could get something to stop the blood. I opened the door up, walked inside 3 or 4 steps.”).

  68.  p. 15 “‘…stuff all over the place.’”

    Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“I noticed there was money all over the floor.”);

    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 284 (“Q. Okay. When you walked inside there, did you notice anything? A. I noticed blood and money and stuff all over the place is the best way to put it. Q. Did you notice money all over the place? A. Yes, sir, that’s the best way to put it. Q. Was it on the floor or counter or— A. Well, I guess my impression of all over the place was on the floor and blood. Q. So, when you’re talking about money, you’re talking about bills rather than change? A. Yes, sir, bills and paper towels and blood.”).

  69.  p. 15 “He…pack them on the wound.”

    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 283-84 (“I opened the door and walked to the counter and picked up some paper towels that happened to be right there and turned around and walked back to the door.”);

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 01:05–02:00, 06:55, 14:56–16:02, 17:17–18:25 (“I opened the door up, walked inside 3 or 4 steps. It was a mess; stuff all over the place. Grabbed a few car white window towels, and I come back out.”; “I grab a handful of windshield towels from the windshield-cleaner rack” by the door; “I went in. I took 2 steps in and there was towels there; I grabbed them and come back out.”; “[S]he was at the door; coming out; . . . I saw the blood. She went back against the window outside the door. I was insistent on ‘stop moving, lay down, you are gonna be ok;’ and like that. And I went in the store, got the paper towels, come back out, which was just 2 seconds. I pull up her sweater and I was gonna try and pack it on there cause that’s what I was taught in the service . . . .”).

  70.  p. 15 “…’cops just started flying in.’”

    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 275 (“Q. Did you get some paper towels? A. Yes, sir. Q. Okay. What did you do then? A. Turned around and come back to the door and just as I started to open the door, police cars started pulling in.”);

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 02:00–02:14, 14:56–16:02, 17:17–18:25 (“About that time, the cops just started flying in. So I just stopped what I was doing.”; “At that point there was no help, that I could do for her. At the same time the cops come flying in.”; “Then I’m down here like this; helping her or trying to help her. Then the cops—that’s when the sirens are going there, and here comes 5 or 6 cops’ cars. I don’t remember the number of cars that flew in; but they were just right there instantly at that point.”).

  71.  p. 15 “He…seen had run off.”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 18:25–20:00 (“I said ‘he went that way,’ and I just sat back and let them do their job.”);

    see 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 275.

  72.  p. 15 “Then…officers do their job.”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 18:25–20:00 (“I said ‘he went that way,’ and I just sat back and let them do their job.”).

  73.  p. 15 “A sergeant…outside the store.”

    Eddie McConley, Corpus Christi Police Lieutenant, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 47–48, 53 (describing the witnesses as having been gathered into a group together on the east side of the gas station);

    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 277 (“We [Baker, Aguirre, and the Arsuagas] were standing over on the east side of the building.”);

    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 284−85:

    Q. Now, when they—after the police arrived and everything and they talked to you, did they put all—I believe you said all the witnesses, your statement, that they talked to you all, they got you over there in a group. Is that correct?

    A. Yes, sir.

    Q. By the side of the station and y’all were discussing more or less to the officer what you saw, what he saw and the officer was trying to put it together?

    A. Yes, sir.

    Q. Okay. Were you all together when y’all were discussing this with the officer?

    A. I suppose we were kind of in the same general area, yes.”

    Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 42, 43 (“I advised him 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.”; “Q. Now, where did he take those witnesses to, Officer Mejia? A. He stood them—he grabbed them and they all just kind of lingered in this area right here (indicating the area near the ice machine outside the southeast corner of the store), so that we were sure none of them would get away or get tired and walk off.”);

    Eddie McConley, Corpus Christi Police Lieutenant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty, 28th Dist. Tex. July 15th, 1983) at 291 (referring to “the east end of the parking lot where we had the witnesses kind of isolated in that particular area”);

    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 (“I moved them [the four witnesses] over to the rear or the east corner of the station there.”);

    see infra notes 134–135, 153–154 and accompanying text; infra Figure 2.2; infra Chapter 3, note 16 and accompanying text & Figure 3.1.

  74.  p. 15 “Soon…they had information.”

    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 43, 45 (noting that the witnesses stood together in a group from the time the emergency personnel worked on Wanda Lopez until the time the identification procedures occurred and describing witnesses’ conversation with each other about whether to take part in the identification);

    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 276–78, 283–85 (noting that witnesses were all together in a “group” before Baker gave his initial description to Mejia; agreeing that Mejia “got you over there in a group” when he “talked to you all” about a description, that “y’all were discussing more or less to the officer what you saw, what he saw and the officer was trying to put it together,” and that “you all [were] together when y’all were discussing this with that officer”; within five minutes of the police arriving, officers “segregated” the four witnesses together “kind of in a group”);

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 20:00–21:37, 23:00–24:54, 33:32–34:30 (describing witnesses’ “collaborating” and summarizing Aguirre’s story of what happened that night, as Aguirre told it to Baker at the gas station);

    Eddie McConley, Corpus Christi Police Lieutenant, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 47–48 (describing Baker and the other witnesses as having been gathered into a group together along the east wall of the store);

    infra Chapter 3, Figure 3.1 (presenting police diagram showing the ice machine situated along the east side of the store); see 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) screen shot 2 (showing that, as EMT personnel worked on Wanda Lopez, Aguirre and the Arsuagas were standing together talking on the southeast corner of the store);

    infra Figure 2.2 (reproducing image from Channel 10 Archive Tape, supra, showing Aguirre and the Arsuagas together on the side of the gas station near the ice machine).

  75.  p. 15 “Aguirre…around 8:00 P.M.”

    George Aguirre, Witness to Events Outside Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (“It was a little after 8:00 PM when I arrived at the Shamrock.”);

    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 10 (“Q. Now, can you tell the Court about what time it was that you went there to the Sigmor station? A. Maybe two, three minutes after 8:00 o’clock.”);

    George Aguirre, Witness to Events Outside Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 221 (“Q. Do you recall what time you got to that Sigmor Station? A. It was a little after 8:00 o’clock.”).

  76.  p. 15 “While filling…and drinking beer.”

    George Aguirre, Witness to Events Outside Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (“While I was pumping gas in my van I seen this guy standing by the ice machine.”);

    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 14 (“Q. And where did you see this person coming from? A. Coming from back here towards the ice machine. Q. Okay. And what did this person do? A. . . . He was drinking a beer.”);

    George Aguirre, Witness to Events Outside Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 222–23 (“Q. Did you notice anything unusual when you started putting gas into your van? A. There was a person standing by the—I guess this is the ice machine, right by the ice machine drinking a beer (indicating).”).

  77.  p. 15 “Police…that Aguirre indicated.”

    Crime Scene Photograph 25500025, Corpus Christi Police Dep’t (Feb. 4, 1983);

    Crime Scene Photograph 25500026, Corpus Christi Police Dep’t (Feb. 4, 1983);

    Crime Scene Photograph 25500032, Corpus Christi Police Dep’t (Feb. 4, 1983) (all showing three beer cans in a grassy area east of, and behind, the Sigmor store, near the ice machine).

  78.  p. 15 “As Aguirre…put it back in his pocket.”

    George Aguirre, Witness to Events Outside Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“I seen him put a knife in his left front pocket. It could have been a locking blade, because I seen the blade when he put it in his pocket. As he put the knife away he started to walk towards me . . . . He had a beer in his hand.”);

    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 14 (“Q. And where did you see this person coming from? A. Coming from back here towards the ice machine. Q. Okay. And what did this person do? A. I saw a knife—I saw him putting a knife open in his left pocket and, you know, I saw him walking that way, and I was curious and when I saw him put the knife in his pocket, I kept an eye on him while I was putting the gas . . . . [H]e was just drinking a beer.”);

    George Aguirre, Witness to Events Outside Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 223 (“[H]e was drinking a beer . . . . [W]hen 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.”).

  79.  p. 15 “Aguirre…with dark hair…”

    George Aguirre, Witness to Events Outside 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.”);

    George Aguirre, Witness to Events Outside Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 236 (describing the man with the knife as “[a]bout five-ten. Q. Okay. How tall are you, sir? A. [Five foot] [s]ix. Q. So he was just a little bit taller than you? A. Yeah. Q. And could you tell how much he weighed? A. He was, you know, about a hundred and sixty, hundred and seventy.”).

  80.  p. 16 “…’white, long-sleeved t-shirt’…”

    George Aguirre, Witness to Events Outside Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“He had on blue pants and I think a white long sleeve shirt”);

    Police Dispatch, Corpus Christi Police Dep’t (Feb. 4, 1983) at 00:07:55, 00:13:51, 00:23:28 (reporting additional information that the shirt the suspect was wearing was or may have been a “white long-sleeve T-shirt,” information that is similar to Mejia’s description of what Aguirre told him and that could not have come from Baker, who described a flannel jacket with red and a grey sweatshirt, or from the Arsuagas, who were certain the man they saw wore a white, button-down dress shirt).

    But see 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.”);

    George Aguirre, Witness to Events Outside 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.”).

    As these references reveal, Aguirre changed his description of the shirt and pants. When he initially spoke to Sergeant Mejia at the scene at approximately 8:16 p.m. on February 4, 1983, minutes after the stabbing, and in his initial statement to the police at approximately 10:00 p.m. that evening, Aguirre described “blue pants” and a “white long-sleeve” “T-shirt.” In his pretrial testimony on June 20, 1983, however, Aguirre described “black” pants and a white button-down dress shirt, descriptions he then repeated at the trial in July 1983. On the pants, see 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 (“black pants”);

    George Aguirre, Witness to Events Outside Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 224 (“dark blue pants or black, it was a dark color”);

    Steven Schiwetz, Prosecutor at Trial of Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 475–76 (claiming that Aguirre described dark pants).

    On the shirt, see the citations above in this note. In each case, Aguirre’s original description, nearly contemporaneous with the events in question, was different from—while his in-court testimony months later conformed to—the description given by John and Julie Arsuaga.

  81.  p. 16 “…’and blue jeans.’”

    Transcribed Videotape Interview with Ruben Rivera, Nueces County Deputy Constable, in Robstown, Texas (Dec. 7, 2004) at 2:06:43 (describing the description of the suspect he received over the radio: “a Hispanic male wearing tennis shoes, a T-shirt, and blue jeans”).

    Rivera may have heard this account over “Channel 2,” the “county frequency” that the different law enforcement agencies in the county used to communicate with each other, or as part of the walkie-talkie traffic between individual police officers on Channel 3. 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 90–91 (describing the different frequencies that he, a Sheriff’s Department Constable, was monitoring).

    The Escochea tape records the radio traffic on Channel 1, the Corpus Christi Police Department channel. No tapes survive of the radio traffic during the manhunt on Channels 2 and 3.

  82.  p. 16 “…’money, beer, dope, whatever.’”

    George Aguirre, Witness to Events Outside Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“As he put the knife away he started to walk towards me as he approached me he asked me to give him a ride to the Casino Club on Port. He said he would give me money, beer, dope, or whatever I wanted, just to get him over there.”);

    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 15–16 (“He asked me for a ride to the Casino Club on Port . . . . He told me he would give me money or, you know, weed or beer, whatever I needed to get him over there.”);

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

  83.  p. 16 “Aguirre refused, and then went inside to pay.”

    George Aguirre, Witness to Events Outside Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“I said no, I did not want to. He said, ‘Well if that is the way you want to be,’ so he just walked back to the ice machine . . . . I finished putting gas in my van and went inside to pay the clerk.”);

    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 16–17 (“I still told him no. . . . Well, he told me, ‘Well, if that’s the way you’re going to be, that’s all right,’ you know, and he walked back to the ice machine. So I finished putting the gas and I went to pay the attendant . . . .”);

    George Aguirre, Witness to Events Outside Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 225–26 (“I told him my father was waiting for me and I had to get back home . . . . He said ‘Well, if that’s the way you’re going to be, you know, be that way,’ and he walked back to the ice machine . . . . I went and paid for my gas.”).

  84.  p. 16 “He…knife in his pocket.”

    George Aguirre, Witness to Events Outside Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“While paying the lady I told her about that man with the knife outside. She asked if he was with me, I said no.”);

    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 16–17 (“So I finished putting the gas and I went to pay the attendant and I told the attendant that the guy out there had a knife in his pocket so she—I told her that the guy outside had a knife, and she asked me if he was with me, and I said no, he wasn’t . . . .”);

    George Aguirre, Witness to Events Outside Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 225–26 (“I told her that the guy outside had a knife in his pocket and it was open and she asked me if he was with me and I told her no . . . .”).

    See supra Chapter 1, note 62 and accompanying text (quoting passage in 911 tape where Wanda Lopez informs the police of a “Mexican” man with a knife at the store about whom she had been warned earlier by a customer).

  85.  p. 16 “Aguirre…said she’d call herself.”

    George Aguirre, Witness to Events Outside Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“I told her I was going to go down the street and call the police. She said for real and I said yes. She then said she would call them.”);

    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 16–17 (“I said that I was going to go down the street and phone the police and she said really, and I said yeah, and she goes, ‘Well, let me just go ahead and do it.’ So that’s when she got on the phone and phoned the police while she was writing out my ticket.”);

    George Aguirre, Witness to Events Outside Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 225–26 (“I told her I was going to go down the street and call the police. And she said ‘For real?’ and I said, ‘Yes.’ And she says, ‘Well, I’ll call them anyway.’ So she got on the phone and she called the police station.”).

  86.  p. 16 “He…van and drove off.”

    George Aguirre, Witness to Events Outside Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“So I heard her call the police and when she did I started to walk out toward my van and I seen the man I just spoke of in this statement as having a knife walk into the building. I went on and got in my van and left.”);

    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 17–18 (“So that’s when she got on the phone and phoned the police while she was writing out my ticket. . . . so I signed my ticket and I got it and I started walking out and when I was about halfway to my van, I saw him walking in.”);

    George Aguirre, Witness to Events Outside Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 226–27 (“So she got on the phone and she called the police station. . . . I started going back to my van and when I was walking towards my van, when I was halfway there, he was walking in.”);

    Steve Mills & 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, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story?page=2 (“Aguirre went inside to warn Lopez, 24, the clerk. She said she would call the police, and Aguirre, the only customer in the station, left.”). Archived at: http://perma.cc/M5SM-UBN5.

    For reasons explained infra Chapter 11, notes 227–244 and accompanying text, it is unlikely that George Aguirre saw the man with the knife enter the store just as Wanda Lopez called 911 in response to Aguirre’s warning, and as Aguirre was leaving. Rather, it is almost certain that several minutes passed before the man with the knife entered the store. Ironically, if Aguirre was right that the man entered at the moment he first warned Wanda, police probably would have saved her. Aguirre never explained why he took the trouble to warn Wanda and to offer to call the police himself, but then was content to leave her alone even after seeing the man enter the store.

  87.  p. 16 “Ten…heading toward the Sigmor.”

    George Aguirre, Witness to Events Outside Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983):

    I went west on South Padre Island Drive to Ayers and under the freeway and then back east [on the SPID freeway] towards Kostoryz as I passed the Shamrock I looked over and I seen the lady clerk and this guy with the knife struggling inside the building. So I went right off the freeway on Kostoryz to the Gulf Bowl where I contacted the security guard. . . . I asked him if there was anyway he could get in touch with the police. Right away, he said no. He said all he could do is call them on the telephone. I told him the lady at the Shamrock needed help bad, that she was struggling with a man, but he did not do anything so left [sic] and went back to the station to see if I could help. And when I got there the police was there . . . .

    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 18–19:

    Well, I got on my van and I went on this access road next to the Freeway, and I saw him—he was standing by the beer, so I went under the underpass on Ayers and I got back on the Freeway, got on this side and when I was passing the Shamrock again, I saw him struggling with her. . . . When I saw that, I got off at the Kostoryz exit, and I went to the bowling lanes, the Gulf Bowl, and I saw a security guard, so I asked the security guard, “Is there any way you can get in touch with the police,” I said, “because the attendant at the Shamrock needs help.” And he said, “The only thing I can do is make a phone call,” he goes, “but you could do the same thing.” So I said, I know, forget it, and I took off back to the Shamrock and when I got there, the police were already there and, you know, I went down—I was waiting there, they took my name and everything, address.

    George Aguirre, Witness to Events Outside Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 227–28:

    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. . . . So I got off and I went to the bowling alley . . . it’s on Kostoryz. And I saw the security guard so I asked the security guard if there was any way he could get with the police quick, if he had a radio or anything and he told me the only thing—he could just do what I could do, you know, go to a pay phone, so I just said, “Forget it.” And so I went back to the Shamrock and the police were already there.

    George Aguirre, Witness to Events Outside Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 233 (“Q. Okay. And I’m sure [while you were driving on the SPID freeway], you were looking over there [at the gas station] 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.”).

    In the text, we have omitted Aguirre’s references to having seen the store clerk struggling with an assailant as he drove eastward on the SPID highway in the right lane (the lane furthest from the gas station). Our review of the aerial photographs introduced at trial revealing the spatial relationship between the lanes on the SPID Freeway moving east and the gas station, Def’s Ex. 1, Vargas v. Diamond Shamrock, No. 84–4951-D, 85–5900-D (Nueces Cty., 105th Dist. Tex. June 3, 1988) (showing aerial view of Sigmor gas station and the elevated SPID highway running past it, with four lanes running east and a concrete barrier separating those lanes from the three lanes running west, closer to the gas station, and with a two-lane access road between the freeway and the gas station), and our visual observation of the same reveal that it would be impossible for someone in the right lane on that side of the freeway (even someone standing still, not to mention someone driving at freeway speeds) to look past the three other eastbound lanes, then the three westbound lanes, over the edge of the freeway and down to—and inside—the Sigmor store.

    Additionally, Aguirre gave inconsistent accounts of what he did after he left Wanda and drove away from the Sigmor. While conversing with Kevan Baker when the two were corralled together near the ice machine, Aguirre claimed that, when he left the gas station, he drove to a pay phone and succeeded in reaching the police by telephone. He evidently made no mention of having viewed the struggle between the store clerk and her assailant while he was driving on the freeway. See Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 20:00–21:37, 33:32–34:30 (describing Aguirre’s story of what happened that night, as told to him at the gas station by Aguirre: “The one guy that actually called the police, because he was getting gas supposedly, he saw the guy put a knife in his pocket, paid for his gas, and he told the girl, that there is a guy out in front of your store that just put a knife in his pocket and he went up the street to another pay phone and called. He come back. I remember him coming back and was there. I don’t remember how many of us went down to the police station after all that went down. I know there was at least 2 of us, maybe a third one.”; “Right at the gas station, the one guy had come back [who] made the phone call. He said, I made the phone call, cause he saw a guy put a knife in his pocket, opened it up and put it in his pocket.”);

  88.  p. 17 “He…what he’d seen earlier.”

    See supra note 87.

  89.  p. 17 “Police…near the ice machine.”

    See supra notes 73–74.

  90.  p. 17 “Between…Harley-Davidson repair shop.”

    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 58–59 (“Q. Now, can you indicate where South Padre Island Drive would be? A. Right here, these two (indicating). This would be the curb on the access [road] (indicating). Q. All right. And where would the Sigmor station be? A. Right here (indicating). Q. And what’s the building next to it? A. Ziebart. Q. And next to that? A. That’s Browne’s Harley Davidson. Q. And next to that? A. Phase III . . . . Q. And next to that you’ve got Lebowitz? A. Right. Q. And that’s a furniture store, isn’t it. A. Correct.”);

    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 243 (“Q. [J]ust for clarification, the Sigmor Station being right here, what is it that’s next door to that on that next lot? A. Ziebart Rustproof. Q. And next to that? A. It would be Brownes Harley Davidson. Q. And then the Phase III Club? A. Or the building it’s in. Q. Correct. And what’s this next to it? A. Lebowitz Furniture. A. Okay. In between Lebowitz and Phase III, what is it? A. Just an empty lot.”).

    According to Google Maps, the distance between the gas station (2602 SPID) and the building (still standing as of this writing) that used to house to Phase III (2632 SPID) is 344 feet, or about 115 yards. See http://maps.google.com/maps?saddr=2602+S+Padre+Island+Dr+Corpus+Christi,+TX+78415&daddr=2632+S+Padre+Island+Dr,+Corpus+Christi,+TX+78415&hl=en&sll=27,734198,–97,422482&sspn=0.002488,0.004801&geocode=FTExpwEdHnAx-ikHsD4L8V9ohjGL_Q-K_71Cag%3BFWwvpwEdwXMx-ik3tNZk8V9ohjHKuFFHMDYZ7g&mra=ls&dirflg=w&t=h&z=19 (last visited Feb. 13, 2012). Archived at: http://perma.cc/Q748-698E.

  91.  p. 17 “Like…frontage road in front.”

    Def’s Ex. 1, Vargas v. Diamond Shamrock, No. 84–4951-D, 85–5900-D (Nueces Cty., 105th Dist. Tex. June 3, 1988) (showing aerial view of Sigmor gas station, with the SPID highway running in front (south) of it and with other businesses east of it along the SPID frontage road).

  92.  p. 17 “Minutes earlier…and the club.”

    John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“[M]y wife Julie and I were going to Phase III, a club. . . . We were arriving there about five minutes after 8:00 p.m. As I was pulling into the parking lot I noticed a Hispanic Male . . . . running across a field beside Phase III and then he cut across at about a 45 degree angle behind Lebowitz Furniture.”);

    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 60 (“I found a place [to park] right in front of Phase III. When I got to about right here (indicating), I noticed that, you know, it just kind of clicked to me that he might be running from the scene of the crime. He was then right here (indicating).”);

    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 87–88:

    Okay. We were pulling in [to the Phase III parking lot] and just, you know, for no apparent reason my husband said, “Look at that guy,” and he was just about to go into the field. And he was, you know, not really running fast, but kind of like, you know, just self-set pace, you know, jogging, kind of. And I said, “Well, he probably has somewhere to go.” . . . [H]e, you know, was entering into the field and my husband pulled the car around and we hit him with the headlights just, you know, for an instant, and he kind of, you know how you stop in motion, not really stopping but it seems like you’re stopping and, you know, he turned and looked at us and then he just resumed running.

    John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A at 243 (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 241–47:

    Q. On that particular night, I want to direct your attention to a period of about 8:00 o’clock, shortly thereafter, and ask you if you were with your wife at that time.

    A. Yes, I was.

    Q. Okay, where were y’all going?

    A. To the Phase III Club, it’s—

    Q. What’s Phase III?

    A. It’s like a nightclub. . . .

    Q. Now, when you pulled in there or were in the process of pulling in, did you notice anything unusual?

    A. Yes, I did.

    Q. Okay. . . . What was it that you noticed? . . .

    A. Well I noticed a man running. . . . eastbound . . . . away from the Sigmor. . . .

    Q. Did you have your lights on?

    A. Yes, sir.

    Q. All right. Was the man—well, describe how the man was running? Was it a fast run, a lope, a jog, a trot, what?

    A. It was a very slow run, almost a jog, about like a jog. . . .

    Q. Now, after he passed in front of you, where did he go, if you know?

    A. He went at a 45-degree angle toward the back of Lebowitz Furniture through the empty lot.

    Q. Did you see when he got toward the end of the lot?

    A. No, I didn’t.

    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 347 (“John said, ‘Hey, look at that man, you know, running,’ And, you know, he usually gives me a smart answer when I say something like that and I said, ‘Well, he probably has somewhere to go.’ Q. Now, did you look up to see the man running? A. Yeah.”).

  93.  p. 17 “‘…five minutes after 8:00 P.M.’”

    John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (“[M]y wife Julie and I were going to Phase III, a club. . . . We were arriving there about five minutes after 8:00 p.m. As I was pulling into the parking lot I noticed a Hispanic Male . . . . running across a field beside Phase III and then he cut across at about a 45 degree angle behind Lebowitz Furniture.”).

  94.  p. 17 “The jogger…farther east.”

    John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1.

  95.  p. 17 “He disappeared…behind Lebowitz.”

    John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1.

  96.  p. 17 “The couple…medium-length dark hair.”

    Bruno Mejia, Corpus Christi Police Officer, Supplementary Report (Feb. 4, 1983) at 3 (reporting what Arsuagas told him when they arrived at the gas station: they “were together in their car driving into the Phase III parking lot at 2632 SPID . . . and they both advised me that they observed a Hispanic male, approximately 5’7” to 5’9”, dark hair”);

    John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (describing “a Hispanic Male, about 5’8”, approximately 170 lbs, having wavy medium leng[th] dark hair”);

    John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A at 243 (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 256 ( “Q. Now, do you recall in your statement that you say something to the effect of, ‘As I was pulling into the parking lot, I noticed a Hispanic male about five-eight; approximately 170 pounds; having wavy, medium length dark hair . . . . A. Yes, sir, I do. Q. This statement . . . was fresh in your mind as to what you had just seen a few hours earlier; is that correct, sir? A. That’s correct.”).

  97.  p. 17 “He wore…button-down dress shirt.”

    John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (describing the man 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 3 (reporting that the Arsuagas “were together in their car driving into the Phase III parking lot at 2632 SPID . . . and 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”);

    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 (describing the man as “wearing dark slacks like a uniform-type with a light colored shirt, long sleeve”);

    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 (describing “dark pants like, you know, work pants”; “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 white, you know, blouse-style shirt, you know, something like what you [a lawyer in court] have on”; “white dress shirt”; “that type of shirt”);

    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, 256 (“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.”; “light colored shirt; dark colored 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 . . . .

    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 [a lawyer in court] 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.

    Bruno Mejia, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 69–70 (reporting a “third description” of the shirt, which he received from “[t]he Arsuagas, Mr. and Mrs. Arsuaga” and was of a “white long sleeve shirt, untucked”).

  98.  p. 17 “…’[a laywer in court] have on.’”

    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 (“[T]he sleeve was rolled up [part way up his arm], it was white, you know, blouse-style shirt, you know, something like what you [a lawyer in court] have on . . . .”).

  99.  p. 17 “…’but close to the bottom it was.’”

    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 (“[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 . . . .”);

    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 (“[I]t was untucked and, you know, because I could see the side of it, you know, going beside him as he was running.”).

  100.  p. 17 “…’you know, jogging, kind of.’”

    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 87–88 (“We were pulling in [to the Phase III parking lot] and just, you know, for no apparent reason my husband said, ‘Look at that guy,’ and he was just about to go into the field. And he was, you know, not really running fast, but kind of like, you know, just self-set pace, you know, jogging, kind of. And I said, ‘Well, he probably has somewhere to go.’”);

    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 244 (“A. Well I noticed a man running . . . . eastbound . . . . away from the Sigmor . . . . Q. Did you have your lights on? A. Yes, sir. Q. All right. Was the man – well, describe how the man was running? Was it a fast run, a lope, a jog, a trot, what? A. It was a very slow run, almost a jog, about like a jog.”).

  101.  p. 17 “They…dress clothes at night.”

    Bruno Mejia, Corpus Christi Police Officer, Supplementary Report (Feb. 4, 1983) at 3 (“[The Arsuagas] were together in their car driving into the Phase III parking lot at 2632 SPID . . . and they both advised me [at the gas station that evening] 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, eastbound, toward the rear of the Lebowitz Furniture Store located at 2660 SPID. Both witnesses, Mr. and Mrs. John Arsuaga, stated that the subject was not running very fast . . . .”);

    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 87 (“And I said, ‘Well, he probably has somewhere to go.’”);

    John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A at 243 (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 255 (“I made a comment about bad time to jog or something . . . .”);

    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 347–8 (“John said, ‘Hey, look at that man, you know, running.’ And, you know, he usually gives me a smart answer when I say something like that and I said, ‘Well, he probably has somewhere to go.’”).

  102.  p. 18 “After…at the Sigmor station.”

    John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1:

    I noticed that he was running across a field beside Phase III and then he cut across at about a 45 degree angle behind Lebowitz Furniture. It was at about this time that I saw a commotion going on outside the Sigmor Service Station which is close by. I saw a man helping someone down onto the ground in front of the station. I then saw two or three patrol cars drive up onto the parking lot at Sigmor. I then realized that something was wrong and I looked back toward where I’d seen the guy running away from the area.

    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 87–88 (“And then we saw the police cars and everything . . . . Then my husband saw the police and he thought, well, you know, maybe this guy had something to do with why the police were out here . . . .”);

    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 244 (“Q. Now, when you pulled in there or were in the process of pulling in, did you notice anything unusual? A. Yes, I did . . . I saw about—well, I saw two patrol cars pull into the Sigmor gas station.”);

    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 350 (“Well, John saw a commotion over at the Sigmor, you know, there was a police car driving by and he thought maybe this guy had something to do with it”).

  103.  p. 18 “John…two or three police cars.”

    See sources cited supra note 102.

  104.  p. 18 “john…get the cops’ attention.”

    John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (“I then realized that something was wrong and I looked back toward where I’d seen the guy running away from the area. I then tried to get the Police’s attention by flashing my car lights. I was not successful, so I then pulled up to the Ziebart Co. and then I ran to where the officers were. I told them the location of where I’d seen the man running.”);

    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 63 (“I backed up my car and I headed over to the Sigmor and I honked and I flashed my lights at the officers—well, first I had done that and then I headed over to the Sigmor, then I got Officer Mejia to listen to me, I guess.”);

    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 88:

    Then my husband saw the police and he thought, well, you know, maybe this guy had something to do with why the police were out here, so he pulled the car around and there were some police cars coming and we were honking at them and everything, trying to get them to stop, but they just kept going, so we jumped out of the car and some policeman ran toward us, and, you know, we just told them what we had seen and that one policeman asked us for a description of him and, you know, we told him what he was wearing and as, you know, we had seen what he looked like.

    John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A at 243 (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 247 (“Q. What did you do after the man disappeared from view? A. I tried to signal the police by flashing my high lights at them and honking. Q. Were you able to get a response out of them? A. No, I wasn’t, not at that time. Q. So what did you do? A. I drove my car through the parking lot right up to the Sigmor Service Station and I told an officer where I had seen the man run.”);

    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 350 (“[S]o he [John], you know, backed the car up and pulled around and we both jumped out of the car and the police car didn’t stop, but then a policeman ran up to us and he asked us if we saw anything and we told him that we saw a man running and he asked us for the description and he asked us to wait there.”).

  105.  p. 18 “When…police what they’d seen.”

    See sources cited supra note 104.

  106.  p. 18 “The first…hanging up the phone.”

    Crime Scene Photograph 25500006, Corpus Christi Police Dep’t (Feb. 4, 1983);

    Crime Scene Photograph 25500013, Corpus Christi Police Dep’t (Feb. 4, 1983);

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

    (all showing the receiver on the phone in the cradle when police arrived); Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Corpus Christi Police Dep’t Supplementary Report (Feb. 5, 1983) at 3 (“[When Escobedo entered the crime scene for the first time,] the telephone was cradled properly and was heard to be ringing a few minutes after we entered the premises. . . . Dispatcher Escochea had stated that he had been talking to the victim and that he heard the struggle and then the phone had been dropped.”).

  107.  p. 18 “Police…television stations to use.”

    See supra Chapter 1, notes 59–61, 77 and accompanying text.

  108.  p. 18 “It…public after Wanda’s death.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 00:00:19–00:01:44;

    Police Transcription of Corpus Christi Police Dep’t Audio Tape of Wanda Lopez’s 911 Phone Call (Feb. 10, 1983) at 1–3;

    Police 911 Recording, Trial Trans., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 488-90.

  109.  p. 18 “The…twenty-two-year-old radio dispatcher.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983);

    see 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 26–27 (“Q. You’ve never been a patrolman or anything like that? A. No. Q. Didn’t go through police academy? A. No. . . . Q. By the way, how old are you? A. Twenty-two.”);

    infra notes 111–112 (discussing the preparation of this tape); infra Chapter 13, notes 150–151 and accompanying text.

  110.  p. 18 “It…manhunt for attacker.”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 376–80 (explaining that all radio and telephonic dispatcher and 911 traffic was recorded by the Corpus Christi Police Department on a 20-channel master tape; each day’s recordings were saved for only 45 days and then were recorded over; the only portion of that master tape for February 4, 1983 that Lt. Klemp was asked to and did preserve for presentation at the Lopez/DeLuna trial was the tape “of the [911] call made in reporting a man with a knife at 2602 SPID” and that tape “ends at the point where that [911] call ends” when the attacker hung up the phone);

    see infra Chapter 11, notes 150-154 and accompanying text; infra Chapter 13, notes 195–203 and accompanying text.

  111.  p. 18 “…attorney several months later…”

    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 34 (answering a question by lead prosecutor Steven Schiwetz about events during the manhunt, Escochea responds, “it was kind of a hectic situation as far as radio traffic was concerned, as you can recall on the tape”; because no tape of police traffic was played at trial, Escochea must have been referring to some point before the July 1983 trial when he and Schiwetz reviewed the manhunt tape);

    see 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 34 (“Q. You said that they said the person was running to the rear of the store. Who are you getting that information from? A. Several units in the field. . . . I would really have to listen to the [manhunt] tape to be able to identify the voices that were telling me what was going on.”);

    see also 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 (describing the process used to extract the portion of the master tape recording Wanda Lopez’s 911 phone call to Escochea, which also probably was used to extract the portion on Escochea’s tape starting with Wanda Lopez’s call and ending after DeLuna’s arrest: “The original [master] 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.”);

    see infra Chapter 11, notes 195–203 and accompanying text; infra Chapter 13, notes 150–154 and accompanying text.

  112.  p. 18 “…Esochea’s possession in Los Angeles.”

    James S. Liebman’s Notes on Sita Sovin and Lauren Eskenazi’s Interview with Jesse Escochea, Corpus Christi Police Dispatcher (Feb. 11, 2005) at 1 (describing interviews during which Jesse Escochea disclosed that he had a copy of the 42.5 minute tape and then produced it for the private investigators: Escochea “[l]ooked for tape; couldn’t find it; 1 other place. He found it. Pulled out the tape [which was labeled] 2/4/83 homicide.”).

    Around the same time as police made a copy of the 911 call and manhunt portions of the police master tape as the July 1983 trial approached, DeLuna’s lawyers subpoenaed police records “of all incoming calls and outgoing broadcasts” on the “whereabouts of any suspect or suspicious persons” after the assault on Wanda Lopez on the evening of February 4th. Command to Summon Capt. Jones, Corpus Christi Police Dep’t, Texas v. De Luna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 12, 1983) at 1 (commanding Capt. Jones to produce “transcripts of all incoming calls and outgoing broadcasts made concerning the reports and whereabouts of any suspect or suspicious persons reported via the [Corpus Christi Police Dep’t] arising out of the robbery . . . on 02/04/1983.”).

    The department never produced the manhunt tape or played it for the jury at DeLuna’s trial. Defense lawyers remembered being told by police at the time that the radio transmissions from the search had been recorded over and lost. Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi (Feb. 23, 2005) at 13:12:14–13:13:10 (“I know we had a hard time, when we originally tried to get those tapes, or a tape, we were hard pressed to do it because they kept telling us, by the time we were trying to find evidence and subpoena evidence, they kept trying to say the police only keep this log tape for 30 days, then it’s erased and they start all over again.”);

    see infra Chapter 11, notes 195–203 and accompanying text; infra Chapter 13, notes 150–154 and accompanying text.

  113.  p. 18 “Later…videos for foreign markets.”

    James S. Liebman’s Notes on Sita Sovin and Lauren Eskenazi’s Interview with Jesse Escochea, Corpus Christi Police Dispatcher (Feb. 11, 2005) at 1 (“Jesse runs Street Heat Production Company. Used to be employed by LAPD. Production—reality TV shows on cops and firemen [sold] to foreigners. Also an actor. Guest spots on TV shows.”);

    see Bryan Dakss, Urban Shootout Raises Eyebrows, cbsnews.com (May 10, 2005), http://www.cbsnews.com/stories/2005/05/10/earlyshow/main694133.shtml?tag=mncol;lst;1 (linking to video of gang shootout in Compton, CA filmed by Jesse Escochea). Archived at: http://perma.cc/D2KL-BKGR. Cindy Tumiel, Convicted Killer Executed After Courts Reject Appeals, Corpus Christi Caller-Times, Dec. 7, 1989, at B2 (noting that Escochea was then employed as a Police Dispatcher for the LAPD);

    Anderson Cooper 360° (CNN television broadcast Mar. 10, 2005) (transcript available at http://transcripts.cnn.com/TRANSCRIPTS/0503/10/acd.01.html. Archived at: http://perma.cc/D2KL-BKGR. Jesse Escochea—Filmography, IMDb.com, http://www.imdb.com/name/nm0260383/ (last visited Feb. 13, 2012) (noting Escochea’s work as technical advisor for three TV series, and miscellaneous acting roles in eleven television shows). Archived at: http://perma.cc/TL7Q-AKYZ. Jesse Escochea—Biography, TV.com, http://www.tv.com/people/jesse-escochea/ (last visited Feb. 13, 2012) (noting Escochea’s role on TV series ‘Life’). Archived at: http://perma.cc/VFU9-CWX9.

  114.  p. 18 “He…memorable moments as a dispatcher.”

    See infra Chapter 11, notes 195–203 and accompanying text; see also James S. Liebman’s Notes on Sita Sovin and Lauren Eskenazi’s Interview with Jesse Escochea, Corpus Christi Police Dispatcher (Feb. 11, 2005) at 1 (interviewer’s notes addressing question why Escochea took the tape when he left his job with the Corpus Christi Police Department and moved to Los Angeles: “That kind of guy; on call she’s murdered; sensationalist”);

    Cindy Tumiel, Convicted Killer Executed After Courts Reject Appeals, Corpus Christi Caller-Times, Dec. 7, 1989, at 1 (quoting Escochea, then an LAPD dispatcher, in a newspaper article about DeLuna: Escochea “recalls the event as one of the most memorable in his 13 years as a dispatcher”).

  115.  p. 19 “As…regular operators had answered it.”

    James S. Liebman’s Notes on Sita Sovin and Lauren Eskenazi’s Interview with Jesse Escochea, Corpus Christi Police Dispatcher (Feb. 11, 2005) at 1–2 (“They [police department] didn’t have emergency calls. Instead, 2 people monitor[ed] all calls—no [distinction made between] emergency and [non-]emergency calls. He wasn’t supposed to be answering calls—He was dispatche[r]. It was very busy so he happened to answer this flashing light . . . .; “Button[] kept lighting up and phone people weren’t picking up so he picked up.”).

  116.  p. 19 “Escochea took Wanda’s call at 8:09 P.M.”

    The police call card documenting this call says it came in at “8:09 p.m., 2/3/83.” Corpus Christi Police Dep’t, Supplementary Call Card #1 (Feb. 4, 1983) at 1.

    Based on the information on the Supplementary Call Card, supra, we time the tape from 8:09:00. There are nineteen blank seconds on the dispatch tape before the moment when Escochea answers the phone (Escochea answered by saying “Police Department”), and the conversation with Wanda Lopez commences. For that reason, the time we have identified at 8:09:00 corresponds to the nineteenth second on the tape (00:00:19), and there is a nineteen-second lag between the clock time we report (e.g., “8:10:23”) and the elapsed time on the tape, which we indicate in parentheses (e.g., “(tape at 00:01:42)”). On the transcript of the manhunt tape, “Disp” refers to Dispatcher Jesse Escochea; “M:” refers to an unknown male voice; “F:” refers to an unknown female voice; and “?” refers to an unknown speaker whose gender is unknown and also to inaudible words or phrases. From time to time, the transcript includes bracketed comments in capital letters, often attributed to Officer Robert Mayorga, a veteran Corpus Christi police officer and friend of Wanda Lopez, see supra Chapter 1, notes 27–28 and accompanying text, who reviewed the transcript for the out-of-town investigators in 2005 and explained the meaning of the numeric codes police personnel use on the tape.

  117.  p. 19 “…’with [a] knife inside the store.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 00:00:19–00:00:30.

  118.  p. 19 “…’little bit of an attitude.’”

    James S. Liebman’s Notes on Sita Sovin and Lauren Eskenazi’s Interview with Jesse Escochea, Corpus Christi Police Dispatcher (Feb. 11, 2005) at 2 (“Jesse: ‘she [Wanda Lopez] called in; she had a little bit of an attitude,’ he said.”).

  119.  p. 19 “‘Please!!!’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:12 (tape at 00:01:31);

    see supra Chapter 1, note 70 and accompanying text (describing the source of the word “Please” and the three exclamation points).

  120.  p. 19 “It…give the gas station address.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:17 (tape at 00:01:36) (“Disp: Get a unit on 17 [an emergency run] to the Shamrock, 2602 South Padre, got an armed robbery going down right now!!!”);

    see also Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:42 (tape at 00:01:49) (“Female Voice: Armed robbery in progress.”).

  121.  p. 19 “Seconds later, Wanda screamed.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:23 (tape at 00:01:42) (“screaming”).

  122.  p. 19 “Scuffling…heard in the background.”

    Police Transcription of Corpus Christi Police Dep’t Audio Tape of Wanda Lopez’s 911 Phone Call (Feb. 10, 1983) at 3 (“‘I’ll give it to you, I’m not gonna do nothing to you. Please!!!!’ (A lot of commotion is over heard [sic] in the background, followed by screams, you can hear the phone dropping, victim moaning.)”).

  123.  p. 19 “Then the phone went dead.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:29 (tape at 00:01:48) (“dial tone”).

  124.  p. 19 “‘There’s…assault in progress…’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:11:05 (tape at 00:02:24) (“It’s going to be a Hispanic male with a knife. I had the clerk on the phone. There’s going to be an assault in progress, also.”).

  125.  p. 19 “Escochea…Mylett to the scene.”

    Corpus Christi Police Dep’t, Supplementary Call Card #1 (Feb. 4, 1983) at 1 (“Officer #648” [Mylett] “dispatched;” “nature of complaint” is “38 i.p.” meaning assault in progress);

    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 31–32 (“The primary unit [dispatched to the scene] was officer Mylett. The—he was the primary unit. He did not make the scene, Sergeant Fowler was the first on the scene so, therefore, we—we changed the card and he was assigned the call.”);

    see also Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:17 (tape at 00:01:36), 8:11:41 (tape at 00:03:00) (indicating that patrol car “140,” Mylett’s squad car, was dispatched to the scene on a code “17” at 8:10:17, but didn’t check in with the dispatcher until 8:11:41).

  126.  p. 19 “Mylett…later at 8:11 P.M.”

    Corpus Christi Police Dep’t, Supplementary Call Card #2 (Feb. 4, 1983) at 1 (Sgt. Mejia #680 is dispatched by radio);

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:53 (tape at 00:02:12) (“Female Voice: at this time. [?] back-up to 134. [134 IS FOWLER’S CAR. [Car] 55 IS TOLD TO SERVE AS ‘BACK-UP’ TO 134.]”).

  127.  p. 19 “Responding…just over a minute.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:12:03 (tape at 00:03:22) (“Male Voice: 47. [MAYORGA: 47 MEANS ‘HAVE MADE THE SCENE’] Female Voice: 10–4.”);

    Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 43 (describing himself as the “first officer on the scene”).

    A patrol car probably could have arrived even more quickly than Fowler’s did, given the coincidence that he had allowed an inexperienced and untrained auxiliary police officer—essentially a civilian—who was riding in the car with him to drive the car that evening, and the auxiliary officer happened to be driving the vehicle when the emergency call to came in to go to the Sigmor immediately. The auxiliary officer drove the car to the gas station in an unsafe and unprofessional manner, which appears to have delayed the car’s arrival at the scene. See Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 59:

    [When Fowler arrived at the gas station,] 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 McCoy was a reserve 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 a little hyper about the automobile drive.”

  128.  p. 19 “If Fowler…before she screamed.”

    The seventy seconds that elapsed between the call to Fowler (Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:53 (tape at 00:02:12)) and his arrival (id. at 8:12:03 (tape at 00:03:22)) is less than the eighty-three seconds that elapsed between Wanda’s call (id at 8:09:00 (tape at 00:00:19)) and her first scream (id at 8:10:23 (tape at 00:01:42)).

  129.  p. 19 “Fowler…she had been shot.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:12:33 (tape at 00:03:52) (Fowler radioing in, “We got a 27”; a “27” is a shooting);

    Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 6, 1983) at 1 (“An officer at the scene broadcast information that the suspect had shot the clerk at the Shamrock [Sigmor] station and then ran north, on foot, behind the Shamrock station.”).

  130.  p. 19 “He…that she couldn’t answer.”

    Corpus Christi Police Dep’t, Ambulance Service Dispatch Report No. 00980 (Feb. 4, 1983);

    Ambulance Patient Record for Wanda Lopez (Feb. 4, 1983) (describing a “25 y.o. woman [with] apparent stab wound to Left chest [unreadable word] found lying on sidewalk unconscious, lg amount of blood on sidewalk, breathing shallow, slow pulse.”);

    Steven Fowler, Corpus Christi Police Sergeant, Supplementary Report (Feb. 4, 1983) at 1 (“The victim was breathing very erratically and did not respond to my questions.”);

    Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 45 (“I bent over and asked her what had happened, but when I saw her condition, I just—that was it, I just didn’t bother asking anything else.”);

    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 177–78 (testifying that, when the medics arrived, Wanda Lopez was “semi-conscious,” not speaking but “moaning slightly” and had an “apparent stab wound to the left chest”).

  131.  p. 19 “Forty seconds…called for an ambulance.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:12:53 (tape at 00:04:12), 8:13:25 (tape at 00:04:46) (“Female Voice: I’m getting the ambulance for you”; “Male Voice: Code 3. 2602 South Padre for a 27. [MAYORGA. CODE 3 = EMERGENCY RUN . . .; 27 = SHOOTING”);

    Corpus Christi Police Dep’t, Ambulance Service Dispatch Report No. 00980 (Feb. 4, 1983) at 1 (indicating that the ambulance was dispatched on Feb. 4, 1983, at 8:13:25 p.m.);

    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 33 (“As soon as Sergeant Fowler arrived on the scene, he called for an ambulance. . . . His—his primary concern was getting an ambulance out there first.”);

    see Kate Wagner McCoy’s Notes on Interview with James J. Vanecek, Fire Department Emergency Medical Technician (Mar. 31, 2005) at 1:

    When they [Fire Department emergency medical technicians] arrived the police had already arrived . . . He thinks they [police] had checked inside the store, determined the attacker had fled, and secured the scene. . . . He remembers seeing a police car there parked. He then arrived on the fire truck. About a minute later the ambulance arrived from his same fire house, but he imagines they were returning from a call since they didn’t get there as fast (normally the ambulance arrives before fire [truck] b/c the [ambulance] truck is smaller). He thinks they all got there very fast. The fire department is about 1 ½ miles from the Shamrock and he remembers them really hustling [because] the call came in as critical. Initial call said there was a stabbing, a woman alone at the store was stabbed severely with much blood loss.

    When he arrived at the scene, Lopez was outside on the sidewalk in front of the store just to the left of the door (left as you face the entrance from outside the building). She was lying in the fetal position on her right side holding the side of her chest where she was stabbed with her head facing the inside of the store. (He later said her arms were to her side.) There was a trail of blood from inside the store. She was already gasping for air, clearly dying. She couldn’t talk.

    He said they started CPR and gave her an IV very soon after arriving. He describe[d] what sounds like a pneumothorax—her lung was punctured and being compressed by air that was entering through the wound. But he doesn’t remember seeing the wound himself. He thinks other crew members might have. But he thinks it was only one wound, and believes it was on her left side. He thought it was still bleeding though when they were there and remembers seeing quite a bit of blood.

  132.  p. 19 “If…Fowler called for it.”

    Corpus Christi Police Dep’t, Ambulance Service Dispatch Report No. 00980 (Feb. 4, 1983) (indicating that the ambulance arrived at 8:16:10 p.m., two minutes, forty-five seconds after 8:13:25 p.m., the time the ambulance report indicates it was dispatched);

    Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 45 (“Q. Now, when you—when you got there, how long was it before the people from the Emergency Medical Service got there? A. Maybe two, three minutes”).

  133.  p. 20 “Officer Bruno…on the scene.”

    Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 42 (“Q. Did any other officer show up afterwards? A. Just a few—a few seconds after I got there, Officer Mejia showed up.”);

    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 65 (“Q. When you arrived, were there any other police units on the scene? A. There was one other police unit on the scene. Q. And who was that? A. Sergeant Fowler.”).

  134.  p. 20 “He corralled witnesses at the ice machine…”

    Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 42, 43 (“I advised him 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.”; “Q. Now, where did he take those witnesses to, Officer Mejia? A. He stood them—he grabbed them and they all just kind of lingered in this area right here (indicating), so that we were sure none of them would get away or get tired and walk off.”);

    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 (“I moved them [the four witnesses] over to the rear or the east corner of the station there.”);

    see 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 277 (“We were standing over on the east side of the building”);

    see supra notes 73–74 and accompanying text.

  135.  p. 20 “…and took descriptions of the subject.”

    Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 42 (“I advised him [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.”).

  136.  p. 20 “He…’on the lookout.’”

    Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 42–43 (“A BOLO is the abbreviation for be on the lookout, a quick broadcast of what the description of the suspect looks like and we try to get it on the air as soon as possible so the people who are in the area will be able to locate him if they can find him.”);

    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 (“I wanted the most complete information from each and every one of them because I was about to put out an all-points bulletin or BOLO as we call it.”).

  137.  p. 20 “The first…of the Sigmor.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:12:55 (tape at 00:04:14) (“Male Voice: We’ve got a Hispanic male, wearing a gray sweatshirt, northbound on foot beside the building”);

    see also Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:13:09 (tape at 00:04:28), 8:13:51 (tape at 00:05:10, 8:22:32 (tape at 00:13:51) (“northbound on foot, to the rear”; “northbound on foot”; “northbound on foot to the rear of the Shamrock”);

    Eddie McConley, Corpus Christi Police Lieutenant, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 53 (“We were told that it was a Hispanic male, approximately five, nine, I don’t remember the weight description, with dark pants and a possible grayish-looking shirt, a pullover shirt of some sort, sweatshirt was involved.”);

    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 (“Well, the first description that I can remember receiving was a gray type of shirt, possibly a sweatshirt type of shirt, something like that. Q. Do you recall which one of them told you that? A. I believe Mr. Baker is the one who advised me of that.”);

    Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 6, 1983) at 1 (“An officer at the scene broadcast information that the suspect had shot [sic] the clerk at the Shamrock [Sigmor] station and then ran north, on foot, behind the Shamrock station.”).

  138.  p. 20 “Baker’s…’rear of the store.’”

    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 34 (“Q. You said that they said the person was running to the rear of the store. Who are you getting that information from? A. Several units in the field. . . . I would really have to listen to the tape to be able to identify the voices that were telling me what was going on.”).

  139.  p. 20 “Four versions…Wanda first screamed.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:12:55 (tape at 00:04:14), 8:13:09 (tape at 00:04:28), 8:13:44 (tape at 00:05:03), 8:13:51 (tape at 00:05:10) (“Hispanic male, wearing a gray sweatshirt.”; “Hispanic male, gray sweatshirt.”; “Additional information: Hispanic man, about 5 foot 9, he’s got a flannel shirt on.”; “about 5–9, should have a flannel shirt and gray sweatshirt.”). Wanda screamed at 8:10:23 (tape at 00:01:42).

  140. p. 20 “Like Baker…with dark hair.”

    See supra notes 42, 43, 79, 96.

  141.  p. 20 “Someone…’not real curvy.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:30:05 (tape at 00:21:24), 8:30:09 (tape at 00:21:28), 8:30:53 (tape at 00:22:12), 8:30:56 (tape at 00:22:15), 8:32:09, (tape at 00:23:28) (“medium-length curly hair”; “medium-length curly hair”; “medium-length curly”; “OK, it’s going to be a slightly wavy just a tiny bit, it’s not going to be real curly”; “medium, wavy, ear-length hair”);

    John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (wavy, medium-length dark hair);

    Mark Schauer, Corpus Christi Police Officer Supplementary Report (Undated) at 1 (“The bolo advised the suspect was a Hispanic male, mid- or early–20s, was around 5’9” wore dark pants and a flannel shirt . . . dark wavy, ear-length hair”);

    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 256 (recalling his statement to police as the suspect having “wavy, medium length dark hair”).

  142.  p. 20 “The twenty-two-year-old Mejia…”

    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 64 (giving his own age as twenty-two).

  143.  p. 20 “…long-sleeved T-shirt Aguirre saw…”

    See Eddie McConley, Corpus Christi Police Lieutenant, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 53 (“We were told that it was a Hispanic male, approximately five, nine, I don’t remember the weight description, with dark pants and a possible grayish-looking shirt, a pullover shirt of some sort, sweatshirt was involved.”);

    compare Baker’s description of the shirt, supra note 48, with Aguirre’s description, supra note 80.

  144.  p. 20 “…wore a white dress shirt.”

    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 (describing the man as wearing “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 white, you know, blouse-style shirt, you know, something like what you [a lawyer in court] have on”; “white dress shirt”; “that type of shirt” (pointing to shirt worn by lawyer in court));

    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 347;

    supra notes 97–99; see also Bruno Mejia, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 68–70 (testifying that he received different descriptions of the shirt, including a “gray type of shirt, possibly a sweatshirt type of shirt,” a “flannel type of shirt, that also being light-colored”, and a “white long sleeve shirt, untucked”);

    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 318–19 (noting that police received “various descriptions of the shirt” the suspect was wearing: “Some people” thought it was a white shirt, “one person said that he thought he remembered seeing some red in the shirt”).

    Note that the implication that there were conflicting descriptions of the shirt is only partly correct. Kevan Baker described the suspect as wearing two shirts at once—a grey sweatshirt underneath a flannel shirt or jacket with red in it, so that the difference between those shirts is not a discrepancy or disagreement. See Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:16:36 (tape at 00:07:55), 8:18:10 (tape at 00:09:29), 8:21:44 (tape at 00:12:03), 8:22:32 (tape at 00:13:51), 8:29:37 (tape at 00:20:56) (describing the suspect’s upper-body wear as “a flannel shirt and gray sweatshirt”; “gray sweatshirt, flannel shirt”; “Gray sweatshirt and a flannel shirt”; “wearing a flannel shirt and gray sweatshirt”);

    supra notes 48, 80. On the other hand, George Aguirre initially described a white long-sleeve T-shirt, which may or may not be inconsistent with the grey sweatshirt that Baker described. See supra note 80. Finally, the Arsuagas (and also Aguirre in his later trial testimony) described a white button-down dress shirt. See supra notes 80, 97–99.

  145.  p. 20 “…it was unbuttoned…”

    See supra note 144.

  146.  p. 20 “…’uniform-type’ slacks.”

    See John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“[H]e was wearing a light colored shirt; dark colored slacks . . . .”);

    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 (describing the man as “wearing dark slacks like a uniform-type with a light colored shirt, long sleeve”);

    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 (describing “dark pants like, you know, work pants”; “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 white, you know, blouse-style shirt, you know, something like what you [a lawyer in court] have on”; “white dress shirt”; “that type of shirt [pointing to lawyer in courtroom]”);

    John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A at 243 (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 251, 256, 258 (“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.”; “light colored shirt; dark colored 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 . . . .

    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 [a lawyer in court] 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 supra note 96.

  147.  p. 20 “…Baker saw at the gas station…”

    See supra note 47 and accompanying text.

  148.  p. 20 “…Arsuagas was clean-shaven.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:29:57 (tape at 00:21:16), 8:29:59 (tape at 00:21:18), 8:32:09 (tape at 00:23:28) (“Clean-shaven”; “You got that he’s clean-shaven?”; “Clean-shaven”).

  149.  p. 20 “The Arsuagas…at a leisurely pace.”

    On the location, see John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (“I noticed that he was running across a field beside Phase III and then he cut across at about a 45 degree angle behind Lebowitz Furniture”);

    Steven Fowler, Corpus Christi Police Sergeant, Supplementary Report (Feb. 4, 1983) (“Officer Mejia contacted . . . witnesses” who saw a suspect running “behind the Phase III club”);

    Bruno Mejia, Corpus Christi Police Officer, Supplementary Report at 3 (Feb. 4, 1983) (Arsuagas “were together in their car driving into the Phase III parking lot at 2632 SPID . . . and 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, eastbound, toward the rear of the Lebowitz Furniture Store located at 2660 SPID.”).

    On the man’s pace, see supra notes 92, 100.

  150.  p. 20 “John Arsuaga…after 8:00 P.M.”

    See supra notes 92–93 and accompanying text.

  151.  p. 21 “And…north ‘behind’ the gas station.”

    See supra note 40–41 and accompanying text.

  152.  p. 21 “That put…toward McArdle Road.”

    See supra note 41 and accompanying text; see also infra notes 194–199 and accompanying text.

  153.  p. 21 “Baker…to ‘sort [them] out.’”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 26:57–28:00 (“The girl had already been transported away [in an ambulance] and we were still trying to sort it out, here comes a cop: ‘we found him. Is this the gentleman? He was hiding underneath the car.’”);

    see 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 284 (Baker assents to question whether, “after the police arrived and . . . talked to you all, they got you over there in a group” and “y’all were discussing more or less to the officer what you [Baker] saw, what he [another witness] saw and the officer was trying to put it together”);

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 20:00–21:37, 33:32–34:30 (describing Aguirre’s story of what happened that night, as told to him at the gas station by Aguirre: “The one guy that actually called the police, because he was getting gas supposedly, he saw the guy put a knife in his pocket, paid for his gas, and he told the girl, that there is a guy out in front of your store that just put a knife in his pocket and he went up the street to another pay phone and called. He come back. I remember him coming back and was there. I don’t remember how many of us went down to the police station after all that went down. I know there was at least 2 of us, maybe a third one.”; “Right at the gas station, the one guy had come back [who] made the phone call. He said, I made the phone call, cause he saw a guy put a knife in his pocket, opened it up and put it in his pocket.”);

    see supra note 73.

  154.  p. 21 “…make sense of what everyone saw.”

    Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 23:00–24:54 (“Did we collaborate or whatever? Yes, we were all together.”);

    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 45 (describing witnesses’ conversation about whether to take part in the identification);

    Eddie McConley, Corpus Christi Police Lieutenant, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 48, 53 (noting that the witnesses were together on the east side of the gas station);

    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 screen shot 2 (reproducing an image of Aguirre and the Arsuagas standing together talking on the southeast corner of the store near the ice machine as medics worked on Wanda Lopez near the door to the Sigmor store);

    see supra note 73.

  155.  p. 21 “All nine…and gray sweatshirt.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:12:55 (tape at 04:14), 8:13:09 (tape at 00:4:28), 8:13:44 (tape at 00:05:03), 8:13:51 (tape at 00:05:10), 8:16:36 (tape at 00:07:55), 8:18:10 (tape at 00:09:29), 8:21:44 (tape at 00:12:03), 8:22:32 (tape at 00:13:51), 8:29:37 (tape at 00:20:56), 8:32:09 (tape at 00:23:28) (“Hispanic male, wearing a gray sweatshirt.”; “The Hispanic male, gray sweatshirt”; “Additional information: Hispanic man, about 5 foot 9, he’s got a flannel shirt on.”; “about 5–9, should have a flannel shirt and gray sweatshirt”; “Also, witnesses are saying he had a white, untucked T-shirt. I don’t know if it’s another suspect or the same one. Long-sleeved shirt, untucked.”; “Hispanic male, 5–9, gray sweatshirt, flannel shirt. No other information.”; “Gray sweatshirt and a flannel shirt”; “Hispanic male, 5–9, wearing a flannel shirt and gray sweatshirt. . . . May possibly be wearing a white, long-sleeved T-shirt. That’s may possibly be.”; “a white shirt, possibly a white shirt.”; “A Hispanic male, 5–9 with flannel shirt, possibly a gray sweatshirt. It may possibly be a white T-shirt, also, long sleeves. . . .”).

  156.  p. 21 “Mejia…any of the BOLOs.”

    See supra note 144.

  157.  p. 21 “At first…a different person.”

    See, e.g., Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:16:36 (tape at 00:07:55), 8:22:32 (tape at 00:13:51), 8:29:37 (tape at 00:20:56) (“Also, witnesses are saying he had a white, untucked T-shirt. I don’t know if it’s another suspect or the same one. Long-sleeved shirt, untucked.”; “Hispanic male, 5–9, wearing a flannel shirt and gray sweatshirt. . . . May possibly be wearing a white, long-sleeved T-shirt. That’s may possibly be.”; “We got some people down at [?] a white shirt, possibly a white shirt.”).

  158.  p. 21 “Not until…a single description.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:32:09 (tape at 00:23:28) (“A Hispanic male, 5–9, with flannel shirt, possibly a gray sweatshirt. It may possibly be a white T-shirt, also, long sleeves. Clean-shaven, medium, wavy, ear-length hair.”).

  159.  p. 21 “…(‘mustache,’ ten day’s growth of beard).”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:32:09 (tape at 00:23:28).

  160.  p. 21 “The first…after Wanda screamed.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:16:36 (tape at 00:07:55) (“Also, witnesses are saying he had a white, untucked T-shirt. I don’t know if it’s another suspect or the same one. Long-sleeved shirt, untucked.”).

  161.  p. 21 “In this…white, long-sleeved T-shirt.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:16:36 (tape at 00:07:55).

  162.  p. 22 “‘About 5″9″…and gray sweatshirt.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:13:51 (tape at 00:05:10) (“about 5–9, should have a flannel shirt and gray sweatshirt”).

  163.  p. 22 “‘I don’t know if it’s another suspect.‘”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:16:36 (tape at 00:07:55) (“Also, witnesses are saying he had a white, untucked T-shirt. I don’t know if it’s another suspect or the same one. Long-sleeved shirt, untucked.”).

  164.  p. 22 “‘No other information.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:18:10 (tape at 00:09:29) (“Hispanic male, 5–9, gray sweatshirt, flannel shirt. No other information.”).

  165.  p. 22 “‘Gray sweatshirt and a flannel shirt.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:21:44 (tape at 00:12:03) (“Gray sweatshirt and a flannel shirt”).

  166.  p. 22 “‘That’s may possibly be.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:22:32 (tape at 00:13:51) (“Disp: This is broadcast of armed robbery 27, just occurred 2602 South Padre, the Shamrock. Hispanic male, 5–9, wearing a flannel shirt and gray sweatshirt. Suspect last seen heading northbound on foot to the rear of the Shamrock. May possibly be wearing a white, long-sleeved T-shirt. That’s may possibly be. Said he was last seen by a witness in the 4900 block of Dodd, running through the yards.”).

  167.  p. 22 “Seven…queried the witnesses.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:29:34 (tape at 00:20:53) (“Do you have a better description? Can you give us a better description?”).

  168.  p. 22 “Julie Arsuaga…pressing her case.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:29:37 (tape at 00:20:56) (recording the sound of a female voice talking to Mejia in the background).

  169.  p. 22 “Mejia reported…’a white shirt.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:29:37 (tape at 00:20:56) (“We got some people down at [inaudible] a white shirt, possibly a white shirt”).

  170.  p. 22 “‘Clean shaven’…”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:29:57 (tape at 00:21:16) (“Clean-shaven.”).

  171.  p. 22 “…’medium-length curly hair’…”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:30:05 (tape at 00:21:24) (“Medium-length curly hair, about 25 years of age.”).

  172.  p. 22 “…’slightly wavy just a tiny bit.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:30:56 (tape at 00:22:15) (“Ok, it’s going to be slightly wavy just a tiny bit, it’s not going to be real curly.”).

  173.  p. 22 “Mejia’s…minutes after Wanda screamed.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:32:09 (tape at 00:23:28) (“A Hispanic male, 5–9, with flannel shirt, possibly a gray sweatshirt. It may possibly be a white T-shirt, also, long-sleeves. Clean-shaven, medium, wavy, ear-length hair. He was out there earlier looking for a ride to the Casino.”).

  174.  p. 22 “‘He…ride to the Casino.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:32:09 (tape at 00:23:28);

    see also Mark Schauer, Corpus Christi Police Officer Supplementary Report (Undated) at 1 (“The bolo advised the suspect . . . was around 5’9” wore dark pants and a flannel shirt . . . dark wavy, ear-length hair.”).

  175.  p. 22 “The facial…from Julie Arsuaga.”

    See supra notes 48, 82–83, 96, 155, 170–172 and accompanying text.

  176.  p. 22 “Adding…derelict or homeless person.”

    See supra notes 40, 45–47, and accompanying text.

  177.  p. 23 “Nor…well-pressed pants.”

    See supra notes 92–99, and accompanying text.

  178.  p. 23 “After dispatcher…Sigmor on foot…”

    See, e.g., Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:42 (tape at 00:02:01), 8:13:09 (tape at 00:04:28) (“2602 South Padre. Armed robbery in progress.”; “[I] have an armed robbery, 27, just occurred. 2602 S.P.I.D. The Hispanic male, gray sweatshirt, northbound on foot, to the rear. All units in the area.”).

  179.  p. 23 “With minutes…man who stabbed her.”

    See Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:13:09 (tape at 00:04:28) (“All units in the area.”);

    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 33 (“I had about 15 to 20 units in the area looking for the subject. . . . I had every available unit within the city limits at that location.”).

    The dispatch tape reveals that 33 patrol units took part in the manhunt, in order of arrival: 143, 140, 279, 153, 149, 126, 155, 151, 131, 121, 152, 135, 157, 120, 119, 115, 113, 141, 403, 443, 125, 123, 139, 425 (vice), 116, 415 (vice), 145, 408 (vice), 219, 158, 185, 110, 154. See Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983).

  180.  p. 23 “He…in a civil case.”

    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 81–82 (“I had a partner with me. . . . A female officer constable, Deputy Constable Carolyn Vargas.”; “We had delivered some civil papers over in the area of Ennis Joslin Road, which is past our precinct, but they were urgent and we had them in our possession and we needed to deliver them, we were running from that location.”).

  181.  p. 23 “They detoured…Escochea’s emergency call.”

    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 (“Q. Where did you go when you got the call on the police radio? When you decided to respond to that call, where did you go? A. We went to the immediate area of the Sigmor Station or the neighborhood immediately behind it.”).

  182.  p. 23 “Rivera remembered…unmarked cars…”

    Transcribed Videotape Interview with Ruben Rivera, Nueces County Deputy Constable, in Robstown, Texas (Dec. 7, 2004) at 02:06:43 (“[T]here was a lot of officers out there, there was Texas Parks & Wildlife, and there was Sheriff’s deputies, and there was city police, and there was highway patrolmen, there was everything out there. And we were combing the neighborhood.”);

    see also 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 86 (“Q. When you say ‘quite a few,’ could you give me a rough estimate of how many you saw? A. I would say roughly anywhere between ten to—ten to twelve different police units, city police units. Q. Okay, that you actually saw? A. That I actually saw. I saw at least six to eight units, sir.”).

  183.  p.23 “…’combing the neighborhood.’”

    Transcribed Videotape Interview with Ruben Rivera, Nueces County Deputy Constable, in Robstown, Texas (Dec. 7, 2004) at 02:06:43;

    see Tamara Theiss’s Notes on Interview with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Murders (Feb. 27, 2005) at 2:

    I became the lead investigator on the Wanda Lopez case because I just happened to be working as the lead investigator on the night shift when her 911 call came in. I remember that I had only been at work for a few minutes when her call came in. I recall that it was a “robbery in progress” which justified sending an investigator and a lot of police to look for the suspect. I remember that Sigmor gas station.

    When I got out to the gas station, there were police cars everywhere. The neighborhood was literally saturated with police, fanning out looking for Mr. DeLuna. Mr. DeLuna had been reported by witnesses to have run out behind the gas station in a northern direction, right into the residential neighborhood behind the gas station.

    . . . I remember that there were police cars everywhere, at the station and all around the neighborhood around the station, looking for DeLuna. I could hear their progress on my radio.

  184.  p. 23 “Mixed up…Sigmor on foot.”

    See, e.g., Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:23:33 (tape at 14:52), 8:24:04 (tape at 15:23), 8:25:46 (tape at 17:05) (“Ok. We have a [?] over blue, very dark blue Mercury L.T.D. or Marquis, 2 Hispanic males, they’re eastbound on McArdle. They should be just getting to Kostoryz now. The same people were [?] up by Circle K at Kostoryz and McArdle before.”; “Ok, we’ve got dark Mercury, it’s eastbound on McArdle, just approaching Kostoryz, occupied by two Hispanic males.”; “Ok, 103 is going 48 on this vehicle. [?] 137’s at Cosner and McArdle, Exo Victor Lincoln 110. (THIS LOCATION IS TWO BLOCKS NORTH AND 16 BLOCKS EAST OF THE SHAMROCK STATION.) [MAYORGA. 103 IS CAPTAIN (PROBABLY GLORFIELD); “GOING 48” = TRAFFIC STOP; PATROL UNIT 137 PROVIDES BACK-UP FOR 103.]”).

  185.  p. 23 “The calls…McArdle Road.”

    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 97–98:

    No, sir. There was two or three different areas. We came down in—down Dodd, if I remember correctly, we went directly over to McArdle, made a circle and went all the way to McArdle. I think there was a report that the subject had been seen in this nursing area next to the ballpark over here and we took part in that little search there, and then we heard another broadcast that he had been observed over here and we just went back over here and went back up one of these streets and wound up in this area (indicating) [near Kostoryz Road], and then that’s when the call came over or the broadcast came over that the suspect had been seen under a truck [a few blocks away from the Sigmor].

  186.  p. 23 “The second set…nursing home.”

    See Corpus Christi City Directory 234 (1983) (identifying 3115 McArdle Road as the location of the South Park Manor Nursing Home);

    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 98 (“[T]his is a Little League park of some kind, and then I believe there’s a school and then a nursing home way up [McArdle] towards Kostoryz.”).

  187.  p. 26 “The sightings…on the other side.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:23:53 (tape at 00:15:12);

    see infra notes 216–239 and accompanying text.

  188.  p. 26 “At Carlos…’traffic was concerned.’”

    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 34 (“Q. You said that they said that the person was running to the rear of the store. Who are you getting that information from? A. Several units in the field. There was—it was kind of a hectic situation as far as radio traffic was concerned, as you can recall on the tape. Units were just throwing out [radio] traffic.”).

  189.  p. 26 “‘Units were just throwing out [radio] traffic.’”

    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 34.

  190.  p. 26 “The first…in Car 155.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:51 (tape at 00:2:10), 8:11:49–8:11:53 (tape at 00:2:08–00:2:12), 8:16:24 (tape at 00:07:33) (“55. We’re making 17. [17 = Shooting]”); identifying Car 155 as back-up to Officer Fowler, evidently because it was the next car at the scene; “155 advised the witness just saw the suspect in the 4900 block of Dodd”).

  191.  p. 26 “Then Officer Thomas…at the scene.”

    Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 6, 1983) at 1 (“While on Patrol, I was assigned to investigate an armed robbery at the Shamrock Station on South Padre Island Drive. While enroute, I heard at least two units transmit that they arrived at the scene. An officer at the scene broadcast information that the suspect had shot [sic] the clerk at the Shamrock station and then ran north, on foot, behind the Shamrock station. I arrived at the scene and immediately combed the area north of the [gas] station . . . [for] 20 minutes.”).

    The reference to two other units—probably Fowler and Mejia—suggests that Mylett arrived at or after 8:14.

  192.  p. 26 “They all…’down Dodd Street.’”

    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 112–14 (testifying that when he arrived at the scene, he was told by commanders “to go to the back of the store and start patrolling the area looking for a suspect”; “the immediate area in back of the store”; “down Dodd Street”);

    see Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 6, 1983) at 1 (“I arrived at the scene and immediately combed the area north of the [gas] station . . . [for] 20 minutes.”);

    Ruben Rivera, Nueces County Deputy Constable, Supplementary Report (Feb. 7, 1983) at 1 (“On 2–4–83 at approximately 8:10 pm, we monitored an Armed Robbery in Progress at the Shamrock Gas Station, 2602 SPID . . . . We went directly to the neighborhood area behind the Gas Station . . . since the suspect had reportedly fled to that area.”);

    Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Feb. 8, 1983) at 1 (when he arrived in his patrol car, he was “sent to rear of store . . . to look for suspect. Went down Dodd from the station”);

    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 82–83, 93–95 (he and partner arrived shortly after first broadcast and based on reports that the suspect ran “immediately behind the station,” he commenced his search “down Dodd” Street);

    Transcribed Videotape Interview with Ruben Rivera, Nueces County Deputy Constable, in Robstown, Texas (Dec. 7, 2004) at 2:04:31–2:06:43:

    And when we heard the call we were right in front of the place mentioned, but we were on the freeway. There was no way for us to get off the freeway. So we continued on down the freeway and made the interchange to the crosstown freeway and went to the next exit, which was Galahar. We went, we got off on Galahar and made the turnaround and came right back . . . on crosstown [freeway] and we hit S.P.I.D. again and went left and the next exit was Kostoryz. We got off on Kostoryz and I knew that the Diamond Shamrock was on the other side of the freeway. And we made the turnaround and came back to the Diamond Shamrock and there was a few people out there on the driveway. And we met the ambulance on the way to the Shamrock station, and I moved out of the way so the ambulance could go first. And the ambulance went and stopped at the driveway at the Shamrock, and there was a person laying there at the driveway. And we made a brief, just a brief stop, and someone hollered “he ran that way” and pointed towards the neighborhood. So we continued going down the neighborhood, down— I believe it’s Dodd Street that comes in out of the neighborhood. And we drove and we stopped the car at the next block and we got off on foot because there was a search for a suspect that had apparently robbed the Shamrock station at knife-point.

    Transcribed Videotape Interview with Ruben Rivera, Nueces County Deputy Constable, in Robstown, Texas (Dec. 7, 2004) at 2:10:02–2:10:18 (“Q. They pointed which direction on Dodd? A. North. North, because Dodd dies right there at the freeway. It runs perpendicular from the freeway.”);

    Bruce Whitman’s Notes on Interview with Carolyn Vargas Vasquez, Deputy Constable (Nov. 23, 2004) at 1 (describing route she and Ruben Rivera took after getting radio call about the incident at the Sigmor-Shamrock: “came down to DS [Diamond Shamrock] then drive up Dodd”).

  193.  p. 26 “Constable Rivera…behind the ambulance.”

    Transcribed Videotape Interview with Ruben Rivera, Nueces County Deputy Constable, in Robstown, Texas (Dec. 7, 2004) at 2:04:31–2:06:43 (“[W]e met the ambulance on the way to the Shamrock station, and I moved out of the way so the ambulance could go first. And the ambulance went and stopped at the driveway at the Shamrock, and there was a person laying there at the driveway.”).

  194.  p. 27 “‘Someone…”he went that way.””

    Transcribed Videotape Interview with Ruben Rivera, Nueces County Deputy Constable, in Robstown, Texas (Dec. 7, 2004) at 2:04:31–2:06:43, 2:09:18–2:09:30 (“[W]e made a brief, just a brief stop, and someone hollered ‘he ran that way’ and pointed towards the neighborhood.”; “One of the persons that was there . . . came forward and he pointed in the direction of Dodd street and he hollered, ‘He ran that way.’”).

  195.  p. 26 “Rivera…the witness had indicated.”

    Ruben Rivera, Nueces County Deputy Constable, Supplementary Report (Feb. 7, 1983) at 1 (“We went directly to the neighborhood area behind the gas station . . . since the suspect had reportedly fled to that area.”);

    Transcribed Videotape Interview with Ruben Rivera, Nueces County Deputy Constable, in Robstown, Texas (Dec. 7, 2004) at 2:04:31–2:06:43 (“So we continued going down the neighborhood, down . . . . I believe it’s Dodd Street that comes in out of the neighborhood. And we drove and we stopped the car at the next block and we got off on foot because there was a search for a suspect that had apparently robbed the Shamrock station at knife-point.”);

    Bruce Whitman’s Notes on Interview with Carolyn Vargas Vasquez, Deputy Constable (Nov. 23, 2004) at 1 (describing route she and Ruben Rivera took after getting radio call about the incident at the Sigmor-Shamrock: “came down to DS [Diamond Shamrock] then drive up Dodd”).

  196.  p. 26 “Soon Escochea…Dodd Drive area.”

    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 34 (“Q. You said that they said the person was running to the rear of the store. Who are you getting that information from? A. Several units in the field. . . . I would really have to listen to the tape to be able to identify the voices that were telling me what was going on.”).

  197.  p. 26 “At 8:16…4900 block of Dodd.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:16:03 (tape at 00:07:22), 8:16:14–8:16:30 (tape at 00:07:33–00:07:49) (reporting “at 4900 Dodd that the subject just ran by”; “155 advised the witness just saw the suspect in the 4900 block of Dodd . . . . Dodd and McArdle . . . . Who’s at Dodd and McArdle . . . . Dodd and McArdle”).

  198.  p. 26 “Escochea called all units there…”

    Car 155 first radioed in the witness’s report at 8:15:56. See Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:15:56 (tape at 00:07:15). But, it took the dispatcher a few seconds, until 8:16:03 (tape at 00:07:22), to understand what the officers had said. Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:16:03 (tape at 00:7:22) (“at 4900 Dodd that the subject just ran by”). Units were repeatedly called to Dodd and McArdle between 8:16:14 and 8:16:30. See Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:16:14–8:16:30 (tape at 00:7:33–00:7:49) (“155 advised the witness just saw the suspect in the 4900 block of Dodd . . . . Dodd and McArdle . . . . Who’s at Dodd and McArdle . . . . Dodd and McArdle”).

  199.  p. 26 “…’witness running through the yards.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:22:32 (tape at 00:13:51) (“This is broadcast of armed robbery 27, just occurred 2602 South Padre, the Shamrock. Hispanic male, 5–9, wearing a flannel shirt and gray sweatshirt. Suspect last seen heading northbound on foot to the rear of the Shamrock. May possibly be wearing a white, long-sleeved T-shirt. That’s may possibly be. Said he was last seen by a witness in the 4900 block of Dodd, running through the yards.”).

  200.  p. 26 “Within minutes…on the intersection.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:46–8:23:31 (tape at 00:01:49–00:14:48) (noting the following patrol units were in the vicinity of Dodd and McArdle, in order of arrival there: 143, 140 (Mylett), 279 (Ruben Rivera and Carolyn Vargas), 153 (on foot), 149, 126 (on foot), 155 (on foot), 151 (on foot), 131, 121 (on foot), 152 (Schauer), 135, 157, 120, 119, 115, 113, 141, 403 (vice), 443 (vice));

    see 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 33 (“I had about 15 to 20 units in the area looking for the subject . . . every available unit within the city limits at that location.”).

  201.  p. 26 “For several…through the yards.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:14:41 (tape at 00:06:00), 8:17:04 (tape at 00:08:23), 8:17:37 (tape at 00:08:56), 8:17:40 (tape at 00:08:59), 8:27:19 (tape at 00:18:38) (“Got to be in the area, about in—what is that—Sunnybrook? Correction, [?] block North of S.P.I.D. I’m going to be out on foot on 4900 [?]”; “My partner will be on foot on Dodd, I’ll [?] in the area.”; “Yeah, 21 is in the area [?] [on foot]”; “He’ll be on foot in the area of Dodd and McArdle.”; “on foot on walkie-talkie around 48?? [?] of Dodd”).

  202.  p. 27 “At one…Hispanic men in it.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:23:33 (tape at 00:14:52), 8:24:04 (tape at 00:15:23) (“Ok. We have a [?] over blue, very dark blue Mercury L.T.D. or Marquis, 2 Hispanic males, they’re eastbound on McArdle. They should be just getting to Kostoryz now. The same people were [?] up by Circle K at Kostoryz and McArdle before.”; “Ok, we’ve got dark Mercury, it’s eastbound on McArdle, just approaching Kostoryz, occupied by two Hispanic males.”).

  203.  p. 27 “‘We need somebody to try and stop him.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:24:22 (tape at 00:15:41) (“No, he was on foot. We need somebody to try and stop him, I.D.”).

  204.  p. 27 “Officers chased…a false lead.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:25:46 (tape at 00:17:05) (traffic stop of the Mercury) (“Ok, 103 is going 48 on [i.e., making a traffic stop of] this vehicle. [?] 137’s at Cosner and McArdle, Exo Victor Lincoln 110.”).

  205.  p. 27 “Gradually…track of the subject.”

    Some officers remained in the area. See Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:27:19 (tape at 00:18:38), 8:30:18 (tape at 00:21:37) (reporting that an officer is in 4800 block of Dodd; reporting that an officer is “stationary” at 4900 Dodd).

  206.  p. 27 “At 8:23…near the intersection.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:23:19–8:23:22 (tape at 00:14:38–00:14:41) (responding to dispatcher’s question about whether the suspect had a cap on: “Not known to me, ma’am. Do you have any units in the area of Kostoryz and McArdle?”).

    Actually, the first possible mention of the intersection of McArdle and Kostoryz is an unexplained reference by an unknown officer to “That 38 [police code for an assault in progress] going there at the Circle-K [?] S.P.I.D.” Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:19:82 (tape at 00:11:01). The closest Circle K to the Sigmor was located at McArdle and Kostoryz. We left this reference out of our narrative, however, because it is unexplained and because the “38,” or assault in progress, at “S.P.I.D.” could refer to the attack on Wanda Lopez at the Sigmor on S.P.I.D., which the officer inaccurately identified as a Circle K.

  207.  p. 27 “When the ambulance…McArdle and Kostoryz.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:28:38 (tape at 00:19:57), 8:28:45 (tape at 00:20:04), 8:29:00 (tape at 00:20:19) (“34, suspect, did you, said there was at the Circle K, waiting for a taxi. What was his description?”; “Hispanic male, about 5 foot 9, white T-shirt or heavy T-shirt, almost a sweatshirt-type. White pants. Beard and mustache”; “Ok, sounds like the description the clerk was trying to give me on the phone. She said he was out there trying to bum a ride, armed with a knife. Possibly could be the same one.”).

  208.  p. 27 “When Fowler…waiting for a ride.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:28:38 (tape at 00:19:57), 8:29:12 (tape at 20:31) (“34, suspect, did you, said there was at the Circle K, waiting for a taxi. What was his description?”).

  209.  p. 27 “‘Beard and mustache.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:28:45 (tape at 00:20:04) (“Hispanic male, about 5 foot 9, white T-shirt or heavy T-shirt, almost a sweatshirt-type. White pants. Beard and mustache.”).

  210.  p. 27 “Fowler…wearing white pants.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:28:45 (tape at 00:20:04).

  211.  p. 27 “‘OK…give me on the phone.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:29:00 (tape at 00:20:19) (“Ok, sounds like the description the clerk was trying to give me on the phone. She said he was out there trying to bum a ride, armed with a knife. Possibly could be the same one.”).

  212.  p. 27 “‘Possibly could be the same one.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:29:00 (tape at 00:20:19).

  213.  p. 28 “Still…to repeat the BOLO.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:29:28 (tape at 00:20:47), 8:29:32 (tape at 20:53) (asking whether the Sigmor suspect “has a hat on, clean shaven or what?”; “Do you have a better description? Can you give us a better description?”).

  214.  p. 28 “After Mejia…’was looking at earlier.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:29:44 (tape at 00:21:03) (“Ok, sounds like the same guy that 34 [Fowler] was looking at earlier. Do you have a description of his face?”).

  215.  p. 28 “Constable Rivera…from Dodd to Kostoryz.”

    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 98–100 (“[T]here was a report that the subject had been seen in this nursing [home] area next to the ballpark over here”; “a Little League park of some kind, and then I believe there’s a school and then a nursing home way up towards Kostoryz.”);

    Transcribed Videotape Interview with Ruben Rivera, Nueces County Deputy Constable, in Robstown, Texas (Dec. 7, 2004) at 02:15:37–02:15:54 (“[A]n officer had broken the frequency and said that there was a subject over in the—over in the ball park area. So that’s what diverted us over there.”).

  216.  p. 28 “Midway through…a Domino’s pizza outlet.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:27:45 (tape at 00:19:04) (“Need you to come on in, take it around. 3131 McArdle.”).

  217.  p. 28 “An intruder…vice officers were responding.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:28:12 (tape at 00:19:31) (car “405” (vice) responding to “43” (business alarm)).

  218.  p. 28 “The officers…urgent call for back-up.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:30:38 (tape at 00:21:57), 8:30:48 (tape at 00:22:07), 8:31:46 (tape at 00:23:05) (reporting a suspect fleeing in “the area by Domino’s Pizza—just ran behind Domino’s Pizza as we pulled up”; “They’re giving you [?] in the area of Domino’s Pizza, possibly in that area.”; “I’m going up behind Domino’s Pizza.”).

  219.  p. 28 “The dispatcher…’out there with 139.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:31:35 (tape at 00:22:54), 8:31:44 (tape at 00:23:03), 8:31:53 (tape at 00:23:12) (“Anyone near Kostoryz and McArdle?”; “Anyone near Kostoryz and McArdle?”; “OK, 21, we just needed somebody else out there with 39.”).

  220.  p. 28 “Units raced to the intersection.”

    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 (testifying that after driving around the area “around Dod[d]” and McArdle, “[s]ome other units had seen something down McArdle and I proceeded down that way”);

    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 114 (after the “officer called out that he had seen something . . . over at McArdle and Kostoryz, there [were] a lot of units going over there, so there were units all over this area.”).

  221.  p. 28 “Undercover…Car 139 cops.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:35:37 (tape at 00:26:56) (“You’ve got two plain-clothes officers out there.”); id. at 8:35:43 (tape at 00:27:02) (“They were out there with 139.”). The Police Dispatch Tape Tape identifies fifteen cars that went to the area near the intersection of McArdle Road and Kostoryz Street, in order of arrival in that area: 139, id. at 8:27:38 (tape at 00:18:57) (on foot; “39.”); 113, id. at 8:27:39–8:27:478 (tape at 00:18:58–00:19:07) (“113”; “Need you to come on in, take it around. 3131 McArdle”; “113.”); 143, id. at 8:30:46–8:30:48 (tape at 00:22:05–00:22:07) (“43”; “43”); 403, id. at 8:31:15 (tape at 00:22:34) (vice; on foot; “403.”); 121, id. at 8:31:49–8:31:59 (tape at 00:23:08–23:18) (on foot; “Are you right there, 21-A?”; “21.”; “Ok, 21, we just needed somebody else out there with 39.”); 116, id at 00:8:31:59) (tape at 00:23:18) (“16.”); 123, id. at 8:31:59 (tape at 00:23:18) (“123 . . .”); 415, id at 8:32:45–8:32:48 (tape at 00:24:04–00:24:07) (vice; on foot; “415.”; “415.”); 140, id at 8:35:18–8:35:21 (tape at 00:26:37, 00:26:40) (“140.”; “140.”); 145, id at 8:35:21 (tape at 00:26:40) (“145 . . .”); 141, id at 8:35:21 (tape at 00:26:40) (“141.”); 408, id at 8:35:29 (tape at 00:26:48) (vice; “408.”); 126, id at 00:8:35:35 (tape at 00:26:54) (“126, 47.”); 219, id at 8:37:15 (tape at 00:28:34) (“219.”); 155, id at 8:38:11–8:38:15 (tape at 00:29:30–29:41) (on foot; “55.”; “55, go ahead.”; “You have a suspect in custody or what?”).

  222.  p. 28 “He…came one urgent call.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:34:41 (tape at 00:26:00) (“just left the nursing home here, just south of McArdle, heading north”);

    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 97–100 (“[T]here was a report that the subject had been seen in this nursing area next to the ballpark over here [on McArdle] and we took part in that little search there”; the “nursing home [is] way up towards Kostoryz”).

  223.  p. 28 “‘He jumped the fence heading to McArdles.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:34:55 (tape at 00:26:14) (“He jumped the fence heading towards McArdle.”).

  224.  p. 28 “‘On Kostoryz…with an officer on foot.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:34:59 (tape at 00:26:18) (“[O]n Kostoryz and McArdle, near the nursing home, got a suspect just jumped the fence to the rear, with an officer on foot . . . .”);

    see Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:35:01 (tape at 00:26:20) (“Kostoryz and McArdle by the nursing home northbound going towards McArdle.”).

  225.  p. 28 “Three minutes after Mejia’s final BOLO…”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:32:09 (tape at 00:23:28) (“A Hispanic male, 5–9, with flannel shirt, possibly a gray sweatshirt. It may possibly be a white T-shirt, also, long-sleeves. Clean shaven, medium, wavy, ear-length hair.”).

  226.  p. 28 “…and Domino’s pizza (point 6).”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:35:24 (tape at 00:26:43) (“Ok. I’ll get what all is on 2 out there and Zone 5 there, all out there”; Channel 2 refers to the channel used jointly by all law enforcement agencies in the area, not just the Corpus Christi Police Department; Zone 5 is the 5:00 p.m. to 3:00 a.m. shift);

    see order of arrival of cars, supra note 221.

  227.  p. 28 “Seconds later…came in from the area…”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:36:07 (tape at 00:27:26) (broadcasting a code “19”; a call for emergency assistance); see Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:36:34 (tape at 00:27:53) (“Kostoryz and McArdle is all we know, that could be the nursing home, Domino’s.”).

  228.  p. 28 “…traffic unrelated to the emergency.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:36:10) (tape at 00:27:29) (broadcasting a “10–33,” a signal requiring the channel to be cleared of all radio traffic other than that associated with an emergency).

  229.  p. 29 “Frantic calls…’in the area, plainclothes.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:35:37 (tape at 00:26:56), 8:35:43 (tape at 00:27:02), 8:35:46 (tape at 00:27:05) (“You’ve got two plain-clothes officers out there.”; “They were out there with 139.”; “All officers in the area of Kostoryz and McArdle, be advised we do have several vice units in the area, plain-clothes. 415[a vice unit] . . .”).

  230.  p. 29 “For two…had suddenly gone silent.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:36:15 (tape at 00:27:34), 8:36:49 (tape at 28:08), 8:36:58 (tape at 00:28:17), 8:37:07 (tape at 00:28:26), 8:37:08 (tape at 00:28:28), 8:37:56 (tape at 00:29:15), 8:38:01 (tape at 00:29:20), 8:38:11 (tape at 00:29:30), 8:38:13 (tape at 00:29:32) (“55.”; “155.”; “Is 55 in pursuit of a suspect in that area, Kostoryz and McArdle? No other information.”; “Which way?”; “I don’t know, I can’t raise them.”; “See if you can raise that unit again.”; “155.”; “55.”; “55, go ahead.”).

  231.  p. 29 “Call piled…seconds at the peak.”

    Between about 8:25 and 8:31 (tape at 00:16:30–00:22:30), there were 124 calls over 360 seconds, including the traffic stop on McArdle, Fowler’s information about the Circle K, a man seen running at 3131 McArdle, and the chase behind Domino’s. In the minute and one-half after the man jumped the fence behind the nursing home at around 8:35 (tape at 00:25:56–00:27:34), there were 30 calls over 98 seconds.

  232.  p. 29 “‘He got away.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:36:21 (tape at 00:27:31).

  233.  p. 29 “The first…about the man she saw.”

    See supra notes 96, 167–172 accompanying text.

  234.  p. 29 “After Escochea…Sigmor suspect’s face.”

    See supra notes 209–214 and accompanying text.

  235.  p. 29 “On the tape…in the background.”

    See supra note 168.

  236.  p. 29 “Then…past the Phase III.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:29:57 (tape at 00:21:16), 8:29:59 (tape at 00:21:18), 8:32:09 (tape at 00:23:28) (“Clean-shaven.”; “You got that he’s clean-shaven?”; “Clean-shaven, medium, wavy, ear-length hair.”).

  237.  p. 29 “Soon thereafter…from Julie Arsuaga.”

    See supra note 173–177 and accompanying text.

  238.  p. 29 “Clearly…at the Circle K.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:28:38–8:29:50 (tape at 00:19:57–00:21:18):

    Dispatcher: 134 [referring to Office Fowler], you said there was a suspect at the Circle K . . . . What was his description?

    Fowler: Hispanic male, about 5 foot 9, white T-shirt or heavy T-shirt, almost a sweatshirt-type. White pants. Beard and mustache.

    Dispatcher: Ok, sounds like the description the clerk was trying to give me on the phone. She said he was out there trying to bum a ride, armed with a knife. Possibly could be the same one.

    Fowler: [Inaudible.] I didn’t [inaudible]. He advised me he had [inaudible] and he was waiting for a taxi for the ride home.

    Dispatcher: Stand by, 134. 127-A [referring to Sgt. Mejia].

    Overlapping voices as Mejia talks to the witnesses: 127A [Inaudible] has a hat on, clean shaven or what?

    Dispatcher: Do you have a better description? Can you give us a better description?

    Mejia: Negative. We got some people down at [inaudible] a white shirt, possibly a white shirt.

    Dispatcher: Ok, sounds like the same guy that 134 was looking at earlier. Do you have a description of his face?

    Mejia: Clean-shaven.

    Dispatcher: Ok. You got that he’s clean-shaven?

  239.  p. 29 “‘You got that he’s clean shaven?’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:29:59 (tape 00:21:18) (“Dispatcher: Ok. You got that he’s clean-shaven?”).

  240.  p. 29 “The radio traffic…Theresa Barrera…”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:41:21 (tape at 00:32:40–00:32:52) (“I went outside to see the cops going up and down our street. My little boy and I walked outside, I turned the light on and there’s this guy down underneath my truck. Oh, my god.”).

  241.  p. 30 “‘He ran…Gabriel and Franklin.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:40:22–8:40:55 (tape at 00:31:41–00:32:14); see also Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:41:06 (tape at 00:32:25), 8:41:15 (tape at 00:32:34), 8:41:38 (tape at 00:32:57) (“I think he ran down Nemec Street, toward [inaudible]”; “Down Franklin Street.”; “I think he ran down Nemec, away from Easter, toward Gabriel. Ok? You get it?”).

  242.  p. 30 “Barrera…her pickup truck.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:41:17–8:41:34 (tape at 00:32:36–00:32:53) (Q. “Can you give me any kind of description of him at all? Any kind of clothing description?” A. “I don’t know.”).

  243.  p. 30 “A month…and white tennis shoes.”

    Theresa Barrera, Resident of Neighborhood Where Manhunt Occurred, Statement to Corpus Christi Police Dep’t (March 14, 1983) (suspect had on “light colored tennis shoes, light colored pants and possibly a white shirt.”);

    see Theresa Barrera, Resident of Neighborhood Where Manhunt Occurred, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 441–45 (describing man as having on light or white tennis shoes, a white or light-colored shirt and pants the color of which she is “not certain”).

  244.  p. 30 “After ending…Lebowitz Furniture.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:43:10 (tape at 00:34:29), 8:43:29 (tape at 00:34:48), 8:43:35 (tape at 00:34:54) (“49–49 Easter. 4–9–4–9 Easter. Suspect’s running.”; “All units, standby on this 10–33 [emergency call]. We have suspect [inaudible].”; “Ok, suspect’s 49–49 Easter, running towards Franklin.”).

  245.  p. 30 “‘…the suspect…eastbound on Nemec.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:43:89 (tape at 00:35:08), 8:43:01 (tape at 00:35:20) (“Ok, suspect was laying underneath a truck.”; “Ok, suspect was possibly heading east on Nemec from Easter. Eastbound on Nemec from Easter.”).

  246.  p. 30 “Almost as one…McArdle and Kostoryz…”

    See supra note 221.

  247.  p. 30 “…headed about…Nemec Streets.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:48:14 (tape at 39:33) (supervisor reporting from field: “I’ve got them all on foot on Nemec and everything there. Suspect was just seen at 3 minutes ago, eastbound Nemec from Easter.”);

    Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 6, 1983) at 1 (“[I]nformation [from Barrera] was broadcast that a subject was hiding under a truck on Easter near Nemec and was last seen running east on Nemec toward Franklin. All units in the area converged on Nemec and Franklin.”).

  248.  p. 30 “In a flurry…just behind Lebowitz.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:40:51–8:49:25 (tape at 00:32:10–00:40:44); 8:44:32 (tape at 00:36:01) (“We have units setting up at the dead end [of Nemec].”). Squad cars in the area included, in order of arrival there: 146, 140 (Mylett), 279 (Rivera/Vargas), 153, 149, 126, 155, 151, 131, 135 (Schauer), 120, 123, 139, 116, 158, 185, 140, 154.

  249.  p. 30 “Nine minutes…an arrest came in.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:49:31 (tape at 00:40:50), 8:49:33 (tape at 00:40:52) (“Would that be the male subject?”; “10–4. Want him brought to you?”).

  250. p. 30 “Constables…spotted the suspect.”

    Ruben Rivera, Nueces County Deputy Constable, Supplementary Report (Feb. 8, 1983) at 1 (“With reference to above offense, upon initial contact with suspect I yelled at suspect to come out from underneath the parked pick-up truck from a distance of about 20 feet.”; “Subject . . . wore no shirt.”);

    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 87–88:

    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.

    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. . . . He [De Luna] was wearing . . . no shirt, he was soaking wet, and he wore—for footwear, he wore socks and that was it.

    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 105 ( “He was in that part of the curb that accumulates with water, he was laying in the water face down.”);

    Transcribed Videotape Interview with Ruben Rivera, Nueces County Deputy Constable, in Robstown, Texas (Dec. 7, 2004) at 2:06:43–2:08:49:

    And we were combing the neighborhood, and we came up on . . . it was Carolyn Vargas and I, came up on a group of men, one of them hollered, “there’s a man up under that truck over there.” And we looked, and it was a pick-up parked down the street. It was over a puddle of water because it had rained that night. And I looked over in the direction of the truck, and there was two feet of somebody that was laying up underneath the truck. And I told Carolyn to cover for me, and she used her gun, or my gun I believe, I don’t remember, but she covered with me, she covered for me with a gun while I grabbed the guy by the shoes and pulled him out of the pickup, out from under the pickup.

    See Mark Schauer, Corpus Christi Police Officer Supplementary Report (Undated) at 1 (“The subject wore no shirt, had black pants on, and was very wet.”);

    Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 8, 1983) at 1 (“he had no footwear except for white socks. Subject had no shirt either.”);

    Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Feb. 8, 1983) at 1 (“The subject wore only black loose fitting pants and had no sh[i]rt or shoes on.”);

    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 (“He had on no shirt—no shirt and he had on black-colored pants, no shoes.”).

  251.  p. 30 “He was…off Nemec.”

    Ruben Rivera, Nueces County Deputy Constable, Supplementary Report (Feb. 7, 1983) at 2 (“As we [Constable Ruben Rivera and Constable Carolyn Vargas] approached a pick up truck parked on Franklin St. about 40–50 ft. north of Nemec, we saw some movement underneath it. I directed my [f]lashlight towards the underneath of said truck and saw a male subject. Subject was laying in a pool of water and wore no shirt.”);

    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 86–87 (“Q. The person that you arrested, where did you find this person? A. Right here on Franklin Street about the second resident or about the—about in front of the second or third residence on Franklin Street, beneath a truck . . . . a pickup truck.”);

    Transcribed Videotape Interview with Ruben Rivera, Nueces County Deputy Constable, in Robstown, Texas (Dec. 7, 2004) at 2:06:43–2:08:49 (“It was over a puddle of water because it had rained that night.”).

  252.  p. 30 “He had…black ‘slacks’…”

    Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 10, 1983) at 10 (“#40138: Removed at 10:30am a pair of men’s black slacks, removed from the suspect at time of arrest, to be examined for blood.”);

    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 369 (agreeing to Prosecutor Schiwetz’s characterization of the pants seized from Carlos DeLuna and analyzed by him for blood staining as black “slacks”);

    see Mark Schauer, Corpus Christi Police Officer Supplementary Report (Undated) at 10 (“The subject wore no shirt, had black pants on, and was very wet.”);

    Mark Schauer, Corpus Christi Police Officer, Supplementary Report at 1 (Feb. 8, 1983) (“The subject wore only black loose fitting pants and had no sh[i]rt or shoes on.”);

    Stipulation, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 331 (stipulating that Exhibit 16 is a “black pair of pants which have been identified as being taken off the Defendant”);

    Pl.’s Ex. 16, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) (“State’s Exhibit Number 16 being the pair of black pants”).

  253.  p. 30 “…and no mustache…on his face.”

    See infra Chapter 3, Figure 3.2 (reproducing a police photograph of DeLuna’s upper body and face shortly after his arrest, revealing that he had no moustache and only a day or two’s worth of stubble).

  254.  p. 31 “‘You’ve already got me!’”

    Ruben Rivera, Nueces County Deputy Constable, Supplementary Report (Feb. 8, 1983) at 1 (“I heard suspect yell, ‘Don’t shoot me, I give up.’ . . . he again repeated, ‘Don’t shoot me, you’ve already got me.’”);

    Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Feb. 8, 1983) at 1 (“The subject yelled, ‘you got me now, don’t hurt me’ and I handcuffed him as he was saying this. . . . The suspect was breathing very hard when Constable Rivera and I stood him up.”);

    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, 105 (“I heard him say, ‘Don’t shoot,’ or ‘don’t hurt me,’ or something of that nature.”; “‘I give up,’ or ‘don’t shoot,’ or something of that nature, ‘I’ll come out,’ or—.”).

  255.  p. 31 “Rivera…reeked of alcohol.”

    Ruben Rivera, Nueces County Deputy Constable, Supplementary Report (Feb. 8, 1983) at 1 (“Subject mumbled something not understandable; he smelled strongly of some type of Alcoholic Beverage; and seemed unsteady while walking.”);

    Steven 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) at 15 (stating that DeLuna “smelled of beer” when he was arrested);

    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 (“[H]e smelled of alcoholic beverages of some kind . . . possibly beer . . . .”).

    Cf. Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Feb. 8, 1983) at 3 (“During transport I had asked him if he had been drinking, and the suspect replied that he had ‘[2] beers’. I did not smell alcoholic beverages on his breath or person, however.”);

    Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 8, 1983) at 2 (“[B]y the way the suspect was talking, standing, and walking, I saw no evidence of any intoxication of any type.”).

  256.  p. 31 “Officer Schauer…handcuffed him.”

    Mark Schauer, Corpus Christi Police Officer Supplementary Report (Undated) at 1 (“Constable Rivera yelled something out and I ran to him. I observed . . . Carlos De Luna . . . lying on his stomach under the truck on wet asphalt. His head was towards McArdle and his feet were pointed towards Nemec. The constable and I pulled the suspect from under the truck and I immediately handcuffed him for my safety and the constables [sic] safety.”);

    Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 6, 1983) at 1 (“After approximately 5 minutes in the area, I heard someone yelling, ‘He’s over here!,’ repeatedly. Myself and M. Schauer #684 triangulated the suspect. The suspect was lying on his stomach in some muddy water. . . . I told the suspect to roll out from under the truck towards M. Schauer. He complied and was taken into custody by Patrolman Schauer.”);

    Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 8, 1983) at 1 (“Suspect #1 was first observed by me after I heard another officer yell that a subject was hiding under a pick up truck at 4900 Franklin. After I heard this, I assumed a prone position on the street at which time I observed suspect #1 laying in a stream of water in the gutter under a pick up truck.”);

    Ruben Rivera, Nueces County Deputy Constable, Supplementary Report (Feb. 8, 1983) at 1 (“I then approached the truck cautiously on the curb side of the street and with the assistance of Officer Schauer from the City Police Dept., I proceeded to pull suspect from underneath said vehicle.”; “A police dept Officer M.D. Schauer #684 immediately came to assist as I asked Officer Vargas to call for additional assistance. Officer Schauer and myself pulled subject out from underneath the truck and was handcuffed for everyone’s safety. . . . Subject was left in custody of the city police department.”);

    Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Feb. 8, 1983) at 2:

    Deputy Constable R. Rivera was kneeling on the pavement on the pickup truck’s west side and was ordering the suspect to get out from under the truck. Deputy Constable C. Vargas was on the truck’s east side and was doing like wise [sic]. I knelt next to Constable Rivera and we pulled the suspect by the arms from under the truck and put him stomach down onto the grassy area immediately adjacent to the truck. The subject yelled, “you got me now, don’t hurt me” and I handcuffed him as he was saying this.

    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 (testifying that he (Schauer) parked his car on Nemec near Franklin and went on foot, after which: “There were two constables out there, and they were kneeling next to a pickup truck parked on Franklin. . . . I was coming from this direction from a yard from a house, and there was a constable, Constable Rivera kneeling next to a pickup truck and his partner, she was on the other side, and they were yelling at someone under the truck, and that’s how I first came in contact with the guy. . . . I grabbed one arm and Constable Rivera grabbed the other arm and pulled him out.”);

    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 87–88 (“Q. When you say ‘brought out,’ did he come out voluntarily or did you have to help him? A. No, sir, myself and another police officer with the city helped him out. . . . There was two officers that were involved in the actual— Q. Well, first of all, were there any other officers involved while you were arresting him? A. Yes, there was. Q. Who were they? A. There was Officer Mylett and Officer Schauer.”);

    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:

    A. I parked my unit down here by Nemec and I got out and I started walking between houses toward Franklin Street (indicating). 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 (indicating). . . .

    Q. So there was nothing specifically to alert you to Deputy Rivera, at the time you got out of your car you were on foot patrol?

    A. Right. I just parked my car and started walking.

    Q. And you saw him doing what?

    A. Okay. When I approached him, I saw him kneeling, it would be on the west side of the pickup truck. He was looking under it and he was yelling at somebody.

    Q. Did you then approach Constable Rivera?

    A. Yes, I approached on his side.

    Q. What did you see underneath the truck, if you looked?

    A. I saw a suspect lying under the truck on his belly and his head was pointed towards McArdle and his feet were pointed towards 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.

    Q. Did you draw your weapon?

    A. No, sir, I didn’t.

    Q. Did you eventually get the subject out from underneath the truck?

    A. Yes, sir. We—Constable Rivera holstered his weapon and we did pull the suspect out, we pulled him out by the arms.

    Q. Did you have to pull him out of there?

    A. Yes.

    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 (“When we handcuffed him, I laid him down onto the grass and we looked under the truck to make sure there was no one else under there.”);

    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 141:

    A. The first thing I did was handcuff him.

    Q. Right there next to the truck?

    A. Yeah, we took him out and there was a small grassy area, sidewalk and grassy area.

    Q. Where was this grassy area if you could point it out for me, please?

    A. It’s about two houses—these two houses down. This would be the curb line, there’s a little grass area and then a sidewalk and grass area (indicating).

    Q. Okay. Between the grass and the sidewalk you’re talking about that grass area?

    A. Yeah, we laid him down there, immediately handcuffed him.

  257.  p. 31 “Although Rivera…the police department.”

    Ruben Rivera, Nueces County Deputy Constable, Supplementary Report (Feb. 8, 1983) at 1 (“Subject was left in custody of the city police department.”);

    Transcribed Videotape Interview with Ruben Rivera, Nueces County Deputy Constable, in Robstown, Texas (Dec. 7, 2004) at 2:19:14–2:20:00:

    Well, I gave him—Officer Schauer walked up, he was involved in the search, and he asked me—we knew each other—he said, “What you got, Ruben?” And I said, “I think I have a suspect here, guy, that this may be the man.” So he looked at him with his flashlight, shining his lights at him. And then he said, “Here, let me have him.” And I took off my cuffs and he put his on. And then from then on, I didn’t see him no more. And Schauer took care of it. So I’m thinking that maybe the city police got credit for it.

    James S. Liebman’s Notes on R. Bruce Whitman’s Interview with Carolyn Vasquez, Nueces County Deputy Constable (Nov. 23, 2004) at 1 (“[I]t was she who saw . . . movement under vehicle . . . and told Rivera and he made the arrest; then CCPD [Officers Schauer and Mylett] arrived and essentially took over and without so much as thank you, sent [her] and RR [Ruben Rivera] on their way.”).

  258.  p. 31 “‘Okay, we got one suspect in custody.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:49:50 (tape at 00:41:09) (“Ok, we got one suspect in custody.”).

  259.  p. 31 “Mylett…frequented the Casino.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:49:41, 8:50:45 (tape at 00:41:00, 00:42:04) (“140 frequented [Casino Club?] suspect [inaudible] S.P.I.D.”; “[inaudible] at the Casino.”);

    Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 8, 1983) at 2–3 (“Subject and I recognized each other. . . . When the suspect saw me he greeted me calling me Mr. Mylett. . . . The suspect, as noted before, was known to me by his recklessness at the Club Casino 1001 S. Port.”);

    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 158-59:

    Q. I’m going to ask you if you are familiar with the Defendant in this case, Mr. Carlos De Luna?

    A. Yes, sir. . . .

    Q. Were you familiar with this Defendant prior to February 4th, 1983?

    A. Yes, sir, I was. . . .

    Q. Did you have any part-time jobs at the time that you participated in the arrest of Mr. De Luna?

    A. Yes, sir.

    Q. Where did you work?

    A. Club Casino, 1001 South Port.

    Q. And what did you do there?

    A. Security work. It’s like an off-duty policeman to maintain order in the club. . . .

    Q. Through your work at the Club Casino, did you come in contact with the Defendant in this case, Mr. De Luna?

    A. Yes, sir. . . .

    Q. Mr. Mylett, was the Defendant in this case, Mr. Carlos De Luna, a regular patron at the Casino Club? Could I have a yes or no answer?

    A. Yes, sir.

  260.  p. 31 “Two weeks…Casino Club parking lot.”

    Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 8, 1983) at 2:

    I had arrested this subject in the recent past for disorderly conduct at the Club Casino. . . . Approximately 3–4 weeks ago, the suspect entered the Casino and was very open about letting people know he had recently been released from the state penitentiary. At one point, suspect told my partner that he, the suspect, was in the pen when Sgt. Enrique Garcia got shot, but that he, the suspect, thought Garcia should have died. He used some obscene language in the course of saying this (I.E. mother fucker or son of a bitch to take the place of people’s names).

    Carlos De Luna’s criminal records show that Officer Mylett arrested him on January 21, 1983. See Arrest Sheet No. 80508 for Carlos De Luna, Corpus Christi Police Dep’t (Jan. 21, 1983) (describing DeLuna approaching a police officer outside of the night club, informing the officer that he knew Officer Garcia who was shot the prior year, and that he thought Garcia should have died, and asking the officer if he wanted to fight);

    Steve Mills & 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, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story?page=5 (“Almost immediately [after being paroled], he [DeLuna] was arrested for public intoxication. During the arrest, De Luna allegedly laughed about the wounding of a police officer months earlier and said the officer should have been killed.”). Archived at: http://perma.cc/M5SM-UBN5.

  261.  p. 31 “The dispatcher…a criminal record.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:51:15 (tape at 42:34) (“I don’t have a 29 on a Carlos DeLuna, I have a 28, though. [29 = Active Warrant, 28 = Criminal History Record]”).

  262.  p. 31 “The truck…Barrera’s truck.”

    Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Undated) at 1 (describing the location of the pickup truck where Carlos DeLuna was found and arrested: “old pickup truck parked on the west side of Franklin about 40 feet north of Nemec”);

    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 101–02:

    A. And there was a pickup truck here, so we parked right next or about 50 feet from it right here so we could check that pickup truck out right here (indicating).

    Q. Did you, in fact, check that pickup truck? I mean, did you stop and get out?

    A. We did. Yes, sir.

    Q. What did you do after that?

    A. Well, we were satisfied that there was no one underneath that truck, so we just kept a foot search down in here and we saw another pickup truck down on this side (indicating). . . .

    Q. Okay. Now, you say you approached—you approached the vehicle on Franklin Street?

    A. The number one vehicle or the number two?

    Q. The number two vehicle.

    A. Yes, sir, I approached it as I come around Franklin this way. I saw the pickup over here and I approached it from this side of the street.

  263.  p. 31 “The…house behind Garcia’s.”

    Steven Schiwetz, Prosecutor at Trial of Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 483 (describing location of Garcia’s home: “right behind the house where he’s [DeLuna is] found [under a pick-up truck] is the house of Armando Garcia, where these shoes and . . . shirt were found”).

  264.  p. 31 “On Sunday…along that route.”

    M. Shedd, Corpus Christi Police Sergeant, Supplementary Report (Feb. 6, 1983) at 1 (“I contacted Mr. Armando Garcia, 4946 Easter . . . . This morning at approximately 11 a.m., while cleaning his yard, he found a white shirt, and a pair of track shoes in his yard. He found the shirt near his back fence, and the shoes between his residence and 4950 Easter.”);

    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 180–83 (“I found there in the corner of my yard some shoes and in the rear of the yard a shirt. Q. What were you doing when you found these shoes and shirt? A. I was cutting grass in the yard. . . . Q. Where was the shirt? A. Right at the very corner of the fence at the house. . . . Q. And the shoes, where did you find them? A. Right at the corner of the house.”).

  265.  p. 31 “Two white…front and backyards.”

    See sources cited supra note 264.

  266.  p. 31 “In the rear…white dress shirt.”

    See sources cited supra note 264.

  267.  p. 31 “The shoes…his criminal trial.”

    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 182–83 (“Q. Mr. Garcia, I want you to look at the paper bag marked State’s Exhibit 19. Inside there’s a couple items [sic] marked State’s Exhibit Number 20 and 21. Do those look like the shoes that you found in your yard that day? A. More or less, yes. Q. Let me show you now a paper bag marked State’s Exhibit Number 22. . . . And inside there’s a shirt marked State’s Exhibit Number 23. Does that shirt look like the shirt that you turned over to the police department? A. Yes.”).

    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 310–11

    (introducing the defendant’s shirt as Exhibit 23);

    State’s Ex. 20, 21, 23, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983).

  268.  p. 31 “In fact…(younger than the man Baker described).”

    See, e.g., Arrest Sheet No. 80508 for Carlos De Luna, Corpus Christi Police Dep’t (Jan. 21, 1983) at 1 (giving Carlos DeLuna’s age as 20 years old, his birth date as March 15, 1962, and his height and weight as 5’9” and 170 lbs);

    Arrest Sheet No. 81177 for Carlos De Luna, Corpus Christi Police Dep’t (Feb. 4, 1983), at 1 (same).

    For Kevan Baker’s descriptions of the man he saw sprinting out of the Sigmor store, see supra notes 42–48.

  269.  p. 32 “Mylett and Schauer…for identification.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:49:57 (tape at 00:41:16) (“140 advised bringing him [the suspect] back to the scene.”);

    see Tamara Theiss’s Notes on Interview with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Murders (Feb. 27, 2005) at 2:

    I remember that there were police cars everywhere, at the station and all around the neighborhood around the station, looking for DeLuna. I could hear progress on my radio. The police were responding to calls saying that people had spotted someone hiding under a truck that was parked on the street a couple blocks behind the gas station. Then I heard on the radio when DeLuna was pulled out from under the truck. I think that the police brought DeLuna back to the gas station right away so the witnesses could look at him.

  270.  p. 32 “Mylett…command post there.”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:49:33, 8:49:38 (tape at 00:40:52, 00:40:57) (“10–4. Want him brought to you?”; “Anyone see the armed robbery?”).

  271.  p. 32 “The answer…’back to the scene.’”

    Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:49:59 (tape at 00:41:18) (“Ok, [inaudible] said go ahead and take him back to the scene.”);

    see Bruno Mejia, Corpus Christi Police Officer, Supplementary Report (Feb. 4, 1983) at 3 (“Approximately 35 minutes later, I learned a suspect had been apprehended and brought back to the scene to be identified by some of the witnesses.”);

    Mark Schauer, Corpus Christi Police Officer Supplementary Report (Undated) at 2 (“Lt. McConley contacted me on walkie and advised me to bring the suspect back to the scene so that the witnesses could observe him. I transported the suspect back to the Shamrock on 2806 South Padre Island Drive . . . .”);

    Eddie McConley, Corpus Christi Police Lieutenant, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 52–53 (“I was at the scene from the beginning. I remained at the scene. I heard Mr. Schauer come on the radio with his location and that he had a suspect that they had pulled from underneath a truck. He gave me a brief description of him and based on what had been put out over the radio and BOLO and whatever, I instructed him to bring him back to the Sigmor Shamrock Station.”);

    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 127–28 (“Q. And did you call in to Lieutenant McConley to find out what you were to do with this man? A. Yes, I put out a broadcast that I had—we had picked up a suspect in the area and then I don’t remember if I called him or he called me, but he told me to bring the suspect over to the scene of the crime. Q. Bring him—take him back to the Sigmor Service Station? A. That’s right.”).

  272.  p. 32 “A minute…the manhunt tape ends.”

    Last entry of Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:51:31 (tape at 00:42:50) (“Yes, sir, as of now we do.”).

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. 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);
  8. 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);
  9. Theresa Barrera, Resident of Neighborhood Where Manhunt Occurred, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  10. 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);
  11. Jesus Escochea, Corpus Christi Police Dispatcher, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  12. Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  13. 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);
  14. Robert Klemp, Corpus Christi Police Lieutenant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  15. Eddie McConley, Corpus Christi Police Dep’t Lieutenant, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983);
  16. Bruno Mejia, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  17. Thomas Mylett, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  18. Ruben Rivera, Nueces County Deputy Constable, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  19. Mark Schauer, Corpus Christi Police Officer, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983);
  20. Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  21. Steven 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);
  22. Steven Schiwetz, Prosecutor at Trial of Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  23. 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);
  24. 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);

Other Primary Records

  1. George Aguirre, Witness to Events Outside Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983);
  2. Ambulance Patient Record for Wanda Lopez (Feb. 4, 1983);
  3. Arrest Sheet No. 80508 for Carlos De Luna, Corpus Christi Police Dep’t (Jan. 21, 1983);
  4. Arrest Sheet No. C81177 for Carlos De Luna, Corpus Christi Police Dep’t (Feb. 4, 1983);
  5. John Arsuaga, Witness to Man Running Near Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983);
  6. Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983);
  7. Theresa Barrera, Resident of Neighborhood Where Manhunt Occurred, Statement to Corpus Christi Police Dep’t (Mar. 14, 1983);
  8. Command to Summon Capt. Jones, Corpus Christi Police Dep’t, Texas v. De Luna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 7, 1983);
  9. Corpus Christi Police Dep’t, Ambulance Service Dispatch Report No. 00980 (Feb. 4, 1983);
  10. Corpus Christi Police Dep’t, Supplementary Call Card #1 (Feb. 4, 1983);
  11. Corpus Christi Police Dep’t, Supplementary Call Card #2 (Feb. 4, 1983);
  12. Crime Scene Photograph 25500005, Corpus Christi Police Dep’t (Feb. 4, 1983);
  13. Crime Scene Photograph 25500006, Corpus Christi Police Dep’t (Feb. 4, 1983);
  14. Crime Scene Photograph 25500007, Corpus Christi Police Dep’t (Feb. 4, 1983);
  15. Crime Scene Photograph 25500013, Corpus Christi Police Dep’t (Feb. 4, 1983);
  16. Crime Scene Photograph 25500020, Corpus Christi Police Dep’t (Feb. 4, 1983);
  17. Crime Scene Photograph 25500023, Corpus Christi Police Dep’t (Feb. 4, 1983);
  18. Crime Scene Photograph 25500024, Corpus Christi Police Dep’t (Feb. 4, 1983);
  19. Crime Scene Photograph 25500025, Corpus Christi Police Dep’t (Feb. 4, 1983);
  20. Crime Scene Photograph 25500026, Corpus Christi Police Dep’t (Feb. 4, 1983);
  21. Crime Scene Photograph 25500031, Corpus Christi Police Dep’t (Feb. 4, 1983);
  22. Crime Scene Photograph 25500032, Corpus Christi Police Dep’t (Feb. 4, 1983);
  23. Crime Scene Photograph 25500033, Corpus Christi Police Dep’t (Feb. 4, 1983);
  24. Def’s Ex. 1, Vargas v. Diamond Shamrock, No. 84–4951-D, 85–5900-D (Nueces Cty., 105th Dist. Tex. June 3, 1988);
  25. Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983);
  26. Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 10, 1983);
  27. Steven Fowler, Corpus Christi Police Sergeant, Supplementary Report (Feb. 4, 1983);
  28. Juvenile Field Interrogation Report for Carlos DeLuna, I. Loa and Sgt. Bible, Arresting Officers (June 19, 1978) (p.12 of set);
  29. 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);
  30. Bruno Mejia, Corpus Christi Police Officer, Supplementary Report (Feb. 4, 1983);
  31. Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 6, 1983);
  32. Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 8, 1983);
  33. Pl.’s Ex. 16, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  34. Police 911 Recording, Trial Trans., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  35. Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983);
  36. Police Transcription of Corpus Christi Police Dep’t Audio Tape of Wanda Lopez’s 911 Phone Call (Feb. 10, 1983);
  37. Ruben Rivera, Nueces County Deputy Constable, Supplementary Report (Feb. 7, 1983);
  38. Ruben Rivera, Nueces County Deputy Constable, Supplementary Report (Feb. 8, 1983);
  39. Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Feb. 8, 1983);
  40. Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Undated);
  41. M. Shedd, Corpus Christi Police Sergeant, Supplementary Report (Feb. 6, 1983);
  42. State’s Ex. 20, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  43. State’s Ex. 21, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  44. State’s Ex. 23, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);
  45. Stipulation, Texas v. DeLuna, No. 83-CR–194-A (Tex. Dist. Ct., 28th Dist. July 15, 1983);

Transcribed Videotape Interviews

  1. Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Michigan (Nov. 22, 2004);
  2. Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi (Feb. 23, 2005);
  3. Transcribed Videotape Interview with Ruben Rivera, Nueces County Deputy Constable, in Robstown, Texas (Dec. 7, 2004);
  4. Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005);

Notes from Other Interviews

  1. Tamara Theiss’s Notes on Interview with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases (Feb. 27. 2005);
  2. James S. Liebman’s Notes on Sita Sovin and Lauren Eskenazi’s Interview with Jesse Escochea, Jr., Corpus Christi Police Dispatcher (Feb. 11, 2005);
  3. Kate Wagner McCoy’s Notes on Interview with James J. Vanacek, Fire Department Emergency Medical Technician (Mar. 31, 2005);
  4. James S. Liebman’s Notes on Bruce Whitman’s Interview with Carolyn Vargas Vasquez, Nueces County Constable Who Participated in Arrest of Carlos DeLuna (Nov. 23, 2004);

News Reports

  1. Anderson Cooper 360° (CNN television broadcast Mar. 10, 2005) (transcript available at http://transcripts.cnn.com/TRANSCRIPTS/0503/10/acd.01.html). Archived at: http://perma.cc/YPB2-CMFV.
  2. Bryan Dakss, Urban Shootout Raises Eyebrows: Police Use of Firearms in Focus After Gun Battle, The Early Show (May 10, 2005), http://www.cbsnews.com/stories/2005/05/10/earlyshow/main694133.shtml. Archived at: http://perma.cc/Z3LT-G3KP.
  3. Steve Mills & 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, http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story?page=2. Archived at: http://perma.cc/L9MV-HBJ4.
  4. Cindy Tumiel, Convicted Killer Executed After Court Rejects Appeals, Corpus Christi Caller-Times, Dec. 7, 1989;

Other Secondary Sources

  1. Corpus Christi City Directory (1983);
  2. Jesse Escochea—Biography, TV.com, http://www.tv.com/jesse-escochea/person/207061/summary.html (last visited Feb. 13, 2012). Archived at: http://perma.cc/Q8L5-27AW.
  3. Jesse Escochea—Filmography, IMDb.com, http://www.imdb.com/name/nm0260383/ (last visited Feb. 13, 2012). Archived at: http://perma.cc/3HRG-FH98.

Figure 2.1:

image

Aerial photograph of the Sigmor Shamrock gas station in February 1983. Wolfy’s is at the bottom across Dodd Street from the station. Standing a few feet outside the station store, Kevan Baker watched the assailant exit the store, turn left (east), and then left again (north) behind the store. Bystanders saw a man running behind the store and north up Dodd Street.
 
 
 

Figure 2.2:

image

 
 
 

Table 2.1:

TV news videotape of the Sigmor Shamrock gas station on the night of the stabbing. (Left) Medical technicians work on Wanda Lopez in front of the store (visible over the hood of the police car) , while some of the witnesses (visible over the top of the white car) look on from near the ice machine. (Right) Close-up of (from left) George Aguirre, Julie Arsuaga and John Arsuaga.

Witness (when gave description) General Description Age General Attire Shirt Pants Mustache Beard Location
(Δ) Hispanic
male, 5’8”–5’10” ,
160–170 lbs, dark
wavy hair
(✓)
Mid-
or late
20s(X) 20
y.o.
(✓)
Shabby
clothes(X) Dress
clothes
(✓) Grey long-
sleeve T-shirt or
sweatshirt, or
(✓✓) same + red
flannel shirt(X) White dress shirt
(✓) Blue
jeans
(•) White
Pants(X)
Black/dark
pressed
slacks
(✓)
Mustache(X)
Clean-
shaven
(✓) Beard
or 10-
day’s
growth(X)
Clean-
shaven
(✓)
Sprinting
north
behind
Sigmor
(X) Jogging
east to,
behind
Phase III
(X*) arrested
behind
Phase
Fowler at Circle K
(2/4/83, earlier in evening)
Δ
Kevan Baker
(2/4/83, 8:11 p.m. and afterwards)
Δ ✓✓
Bystanders at Sigmor
(2/4/83, 8:15 p.m.)
Δ
Mejia’s initial BOLO
(2/4/83, 8:15 p.m.)
Δ ✓✓
George Aguirre
(2/4/83, 8:15 p.m.)
Δ
John/Julie Arsuaga
(2/4/83, 8:15 p.m. and afterwards)
Δ X X X X X X
Mejia’s final BOLO
(2/4/83, 8:45 p.m.)
Δ ✓✓, X X X
George Aguirre
(6/20/83 & 7/20/83)
Δ X X X
Carlos DeLuna, at time of arrest
(2/4/83, 8:50 p.m.)
Δ X X X X X X X*

 
 
 

Figure 2.3:

image

The area where the manhunt took place. The Sigmor Shamrock gas station is point A1 on the left.