- p. 81 "In its geographic…siblings grew up."
See supra Chapter 5, notes 10–11 and accompanying text.
- p. 81 "Two miles south…arrested DeLuna."
- p. 81 "Hugging the eastern…south from downtown."
See infra Chapter 7, note 34 and accompanying text; infra Chapter 8, notes 1–5, 44 and accompanying text; infra Chapter 9, notes 69–71 and accompanying text. To see the relationship and distances between these neighborhoods and other points of interest in Corpus Christi, see the map in the introductory “People and Places” section of this monograph, or use the Map Quest website and plot the travel times between 2601 South Padre Island Drive in Corpus Christi, Texas (the Sigmor-Shamrock gas station), 3701 Ayers (the Armada Projects area), 217 S. Carrizo (Fidela Hernandez’s residence), and 1001 South Port (the Casino Club). MapQuest, http://www.mapquest.com/maps?city=Corpus%20Christi&state=TX (last visited Feb. 13, 2012). Archived at: http://perma.cc/UW4D-EVRH.- p. 81 "Located about a mile…'rough' and 'wild.'"
Transcribed Videotape Interview with Yolanda Ortiz, Owner of Casino Club, in Corpus Christi, Texas (Dec. 5, 2004) at 09:06:53–09:07:36, 09:08:16–09:08:46, 09:09:12:A. The Casino Club was started in the early 70’s and it was a Tejano club, and it was a, music was big, a DJ, and we had Top 40 music too. And it was a place where the young generation was mostly in there. You know, younger kids, real popular and it was a place that everybody hanged out. Q. Where was it located? A. . . . South Port and um [pause] Q. Where did the kids who came there come from? What community in Corpus Christi did they come from mostly? A. It was mostly I guess, what do you call them, from I mean, from that area which was, it was not middle class people, it was ah [pause] what do you call them, from the barrio [pause] people. Mostly barrio people. But then we would get them from everywhere too, but our majority was all from the neighborhood people, from there, from that area. Q. And what did people do when they came to The Club Casino? A. They would come in, they would drink and dance. . . . Q. Why did you need security? A. ‘Cause it was a rowdy place, we had a lot of fights and um that’s why we had to have them there. Q. Were there ever any incidents? A. There were stabbings. Shootings. But mostly fights. . . . Q. Where did [the club security guards], where did they work during the day. If they were working? A. City policemen. For the city. They worked for the city.
Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:35:50–20:36:25:Q. There was a club in Corpus Christi called the Casino Club. Did you ever hear of that? A. Yes, I did. Q. Did you ever go to the Casino? A. No, never. Q. Do you know anyone that did go to the Casino? A. My brother, Manuel, went there constantly, to the Casino Club. And Carlos went there, too, to hang out. Q. So if, let’s say, Carlos Hernandez hung out at the Casino Club, that might be a place where your brother, Manuel, knew him. A. Yes, yes. Manuel hanged [sic] out a lot at the Casino Club. Yes, that was his favorite place.
Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 13:53:04–13:54:07:Q. Tell me about the Casino club. A. It’s a disco club, you know, the majority of the neighborhood used to hang out in. This is where, everybody, I guess, went to have a good time. The Casino was located at South Port. It’s a place where everybody, friends would meet. . . . I didn’t hang out myself there all the time, I just, you know, on the weekend or something I would go. It wasn’t every weekend, like maybe once a month or so, something like that. Q. And who else went to the Casino club that you know? A. A bunch of people that I knew, Carlos Hernandez . . . . I had friends.
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:41:44–04:42:25, 04:44:13–04:44:21:A. I went to a club called the Casino . . . . Of course I was under age but I went in there anyway. Just hang around with just my friends. That was before I found out I was pregnant. Q. What did the people do at [the Casino Club], danced and what else? A. We danced and there was a lot of drugs going on. Q. Did they serve alcohol at these clubs? A. Uh, Lots of alcohol to minors. Q. Now you just said to minors, now how did you manage to get into this club? A. Knew the security guard, they would let us in. Q. Was it unusual for kids your age to be there? A. No, no not if you knew somebody in the club. If you knew somebody in the club that could get you in, you were in. . . . Q. So tell me when you went to the Casino Club if you can remember approximately. A. Approximately late ’77 early ’78, the Casino, it was, that’s where everybody hung out, if you wanted to be known you would hang out at the Casino.
Bruce Whitman’s Notes on Interview with Johnny Arsuaga, Cousin of Carlos Hernandez and John Arsuaga (Nov. 3, 2005) (“Johnny was a boxer [who] had hung out at the Casino Club on Port St. . . . . Johnny remembers Yolanda [Ortiz, the club’s owner], the dancing, the fights both inside and outside the club and that sometimes people died at the Club. According to Johnny the Casino Club was a rough place and you had to be tough to hang out there.”); Lauren Eskenazi & Sita Sovin’s Notes on Interview with Mary Ann Perales Benavides, Witness Against Carlos DeLuna, and Ruben Benavides, Mary Ann’s Husband (Sept. 15, 2004) at 1–2:Ruben told us about the Casino Club which he had been to twice in his life. He states that the crowd at the Casino Club was rough. Once when he went, he was ‘jumped’ because he and his friends danced with some girls who were at the club. Ruben also explained that gangs did not ‘represent’ back then—but that groups of men still hung out together and protected their territory and one another which is what was happening at the Casino Club.
James S. Liebman’s Notes on Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 17, 2004) at 1 (“I would like to go to the Club. I used to go to the club in the late 1970s and 1980s. . . . They let me in (though I was under-age) because I knew the owner’s daughter. That club was weird and wild.”); Bruce Whitman’s Notes on Interview with Yolanda Ortiz, Owner of Casino Club (Sept. 21, 2004) at 1:In its day the Club was a very popular meeting, drinking, dancing place for younger Hispanic[s]. Many people walked to the Club, there were few cars in the parking lot compared to the number o[f] people inside. The dance floor was large with a big projector screen on the wall next to it where pictures of patrons were shown while they were dancing. Everyone wanted their picture on the screen so there are lots of slide pictures of everyone during the time [Ortiz] ran the club. There was always crowd of regulars who [were] at the club [every day]. Ricky Hernandez helped at the club with cleanup. Off duty CCPD policeman were paid $10.00 an hour from 10:00 p.m. to closing to provide security. Two of the cops who worked off duty at the club were fired from the police department for dealing drugs. . . . The Club was a rough place. Many men carried knives and the employees and the police frequently took them away. Stabbings were common an[d] occurred almost weekly. One time a girl was stabbed or shot in the parking lot and she died. Another time Yolanda noticed a patron, David Lamb, had a small spot of blood on his shirt [and] she asked him if he had been in a fight? David said, “what?” He fell to the floor and died on the spot. . . . A bouncer . . . at the Club was shot in the leg by a patron in the 80’s. Two or three times Yolanda took butcher kni[v]es away from patrons.
James S. Liebman’s Notes on Interview with Paul Rivera, Corpus Christi Police Detective (July 14, 2004) at 5 (“Casino Club: 900 [sic—1000] Block of Port. Pau[l] worked there off duty. Lots of fights. Low class of people.”); James S. Liebman’s Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 2 (“Casino Club on Port Street & Marga[rita]. . . He [Carlos Hernandez] would go there. There were killings, stabbings and fights. Dance club, served alcohol.”).- p. 81 "…'fights both inside and outside the club.'"
See supra note 4.- p. 81 "'Sometimes, people died,' there."
See sources cited supra note 4.- p. 81 "'Stabbings were common and occurred almost weekly.'"
Bruce Whitman’s Notes on Interview with Yolanda Ortiz, Owner of Casino Club (Sept. 21, 2004) at 1; see also Transcribed Videotaped Interview with Yolanda Ortiz, Owner of Casino Club, in Corpus Christi, Texas (Dec. 5, 2004) at 09:06:53–09:07:36, 09:08:16–09:08:46, 09:09:12:A. The Casino Club was started in the early 70’s and it was a Tejano club, and it was a, music was big, a DJ, and we had Top 40 music too. And it was a place where the young generation was mostly in there. You know, younger kids, real popular and it was a place that everybody hanged out. Q. Where was it located? A. . . . South Port and um [pause] Q. Where did the kids who came there come from? What community in Corpus Christi did they come from mostly? A. It was mostly I guess, what do you call them, from I mean, from that area which was, it was not middle class people, it was ah [pause] what do you call them, from the barrio [pause] people. Mostly barrio people. But then we would get them from everywhere too, but our majority was all from the neighborhood people, from there, from that area. Q. And what did people do when they came to The Club Casino? A. They would come in, they would drink and dance. . . . Q. Why did you need security? A. ‘Cause it was a rowdy place, we had a lot of fights and um that’s why we had to have them there. Q. Were there ever any incidents? A. There were stabbings. Shootings. But mostly fights. . . . Q. Where did [the club security guards], where did they work during the day. If they were working? A. City policemen. For the city. They worked for the city.
- p. 81 "Ticking off some of the more memorable crimes…"
See supra note 7.- p. 81 "'Two or three…knives away from patrons.'"
See supra note 7.- p. 81 "'One time a girl…she died.'"
See supra note 7.- p. 82 "…fell to the floor, dead from the wound."
See supra note 7.- p. 82 "She hired…for $10 an hour."
See supra note 7.- p. 82 "More than one of them was caught selling drugs."
See supra note 7.- p. 82 "Most…just drank and danced."
See, e.g., Susan Montez’s Notes on Interview with Linda Perales, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna (July 24, 2004) at 2 (“They all [the DeLuna brothers and Linda Perales and her sister Mary Ann] hung out at the Casino Club. Linda loved that place. She loved to go there and dance.”); Bruce Whitman’s Notes on Interview with Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda (Aug. 20, 2004; March 1, 2005) at 1 (“Pedro Olivarez was a regular patron at the Casino Club in 1989. Pedro hung out there with his friends including Jessie Garza. The usual activity at the Club was to drink, dance and visit with friends.”); supra note 7.- p. 82 "'The dance floor…they were dancing'…"
Bruce Whitman’s Notes on Interview with Yolanda Ortiz, Owner of Casino Club (Sept. 21, 2004) at 1; see also Transcribed Videotaped Interview with Yolanda Ortiz, Owner of Casino Club, in Corpus Christi, Texas (Dec. 5, 2004) at 1.- p. 82 "'Everyone wanted their picture on the screen.'"
Bruce Whitman’s Notes on Interview with Yolanda Ortiz, Owner of Casino Club (Sept. 21, 2004) at 1; see also Transcribed Videotaped Interview with Yolanda Ortiz, Owner of Casino Club, in Corpus Christi, Texas (Dec. 5, 2004) at 1.- p. 82 "Ortiz easily recalled…'ask him to leave.'"
Transcribed Videotape Interview with Yolanda Ortiz, Owner of Casino Club, in Corpus Christi, Texas (Dec. 5, 2004) at 09:17:09–09:17:38 (“Well, to my recollection, I can’t really tell you much about [Carlos DeLuna] because I know he was, he would get drunk a lot, and they would ask him to leave.”).- p. 82 "Years later…Pedro Olivarez, and Jesse Garza."
Transcribed Videotape Interview with Yolanda Ortiz, Owner of Casino Club, in Corpus Christi, Texas (Dec. 5, 2004) at 09:12:21–09:14:18:Beto Vela would go in the club, he would walk, like I said, straight to the bar and buy his coke and most of the people around him were either Pete Olivarez or Henry Vela or, like, Jesse Garza, and DeLuna, Carlos DeLuna, or Manuel DeLuna would be there, you know, so. And the girls would be most of the . . . they would all be there, like, Teresa, Teresa, and Yolanda Lucio, and Linda Perales. Mary Ann, Mary Ann Perales did not go that much but she would be there, sometimes, with them, talking. They would all be there talking, and they would dance. Beto would dance a lot, he was a dancer. He was always dancing with most of the girls there. . . . I heard about [Paula Hernandez] being [with Beto Vela], but I don’t remember her, really.
- p. 82 "Another Casino Club…Mary Margaret Tapia."
Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 4 (“Margie started going to the Casino Club when she was 14 1/2 years old in January of 1978—September of 1978 and started going again late in 1979 to January of 1980. She knew the doorman Rick Vargas who let her in underage.”).- p. 82 "Margie, as everyone called her…"
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:37:56–04:38:33 (“My name is Mary Margaret Tapia, everybody knows me by Margie.”).- p. 82 "Margie started…drunk and disorderly."
See supra Chapter 5, notes 160–162 and accompanying text.- p. 82 "Margie was a rebel…her to do."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:41:29–04:41:35 (“I was a very rebellious teenager. I always did everything that my mom didn’t want me to do.”).- p. 82 "Although only fourteen years old at the time…"
Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 4 (“Margie started going to the Casino Club when she was 14 1/2 years old in January of 1978—September of 1978 and started going again late in 1979 to January of 1980. She knew the doorman Rick Vargas who let her in underage.”).- p. 82 "…and they let her inside."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:41:44–04:42:23 (“I went to a club called the Casino and the White Rabbit. Of course I was under age but I went in there anyway. Just hang around with just my friends. . . . [We k]new the security guard, they would let us in.”).- p. 82 "She spent as much…older guys she met."
See Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:42:02-:04:42:13 (“We danced and there was a lot of drugs going on. . . . [They served] lots of alcohol to minors.”).- p. 82 "His name was Carlos Hernandez."
Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 4:Margie started going to the Casino Club when she was 14 1/2 years old in January of 1978—September of 1978 and started going again late in 1979 to January of 1980. . . . While at the Casino Club Margie saw Carlos De Luna often and Carlos Hernandez once in awhile, and a few times she saw Carlos Hernandez and Carlos De Luna together at the Casino Club. Carlos Hernandez preferred the cantina’s [sic] to the Casino Club. Others she remembers at the Casino Club in addition to Carlos Hernandez and Carlos De Luna were: sisters Mary Ann, Diana, and Linda Perales, Juan (unk), Beto Vela, and Henry Vela. In 1980 Margie started going to the “The Corner Pocket”, a billiards bar on Ayers and Baldwin. Margie saw Carlos De Luna hanging out on Carrizo Street and at parities [sic] at the Zamora’s attended by Carlos Hernandez.
See Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 19:22:16 (“[Carlos Hernandez] knew he was good. And Carlos liked the spotlight, so to speak. Just like my nephew. Those guys were good-looking guys, and [Cruz’ nephew] Jesse [Garza] liked the spotlight and Carlos [Hernandez] liked the spotlight. And they knew they could go into the Casino Club and score any time they wanted to. They both frequented the club.”); Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:35:50–20:36:25:Q. There was a club in Corpus Christi called the Casino Club. Did you ever hear of that? A. Yes, I did. Q. Did you ever go to the Casino? A. No, never. Q. Do you know anyone that did go to the Casino? A. My brother, Manuel, went there constantly, to the Casino Club. And Carlos went there, too, to hang out. Q. So if, let’s say, Carlos Hernandez hung out at the Casino Club, that might be a place where your brother, Manuel, knew him. A. Yes, yes. Manuel hanged [sic] out a lot at the Casino Club. Yes, that was his favorite place.
Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 13:53:04–13:54:07 (“Q. Tell me about the Casino club. A. It’s a disco club, you know, the majority of the neighborhood used to hang out in. This is where, everybody, I guess, went to have a good time. . . . Q. And who else went to the Casino club that you know? A. A bunch of people that I knew, Carlos Hernandez . . .”); Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:49:04 (“[Carlos Hernandez] used to go to El Casino. El Casino Club. They don’t have it open no more.”); James S. Liebman’s Notes on Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 17, 2004) at 1 (“[D]o I know CH [Carlos Hernandez]? We all went to the Club Casino.”); Bruce Whitman & James S. Liebman’s Notes on Interview with Eddie Garza, Corpus Christi Police Detective (Aug. 25, 2004) at 2 (recalling that Carlos Hernandez frequented the Casino Club and a bar near South Bluff Park); Susan Montez’s Notes on Interview with Linda Perales, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna (July 24, 2004) at 2 (“Linda knew Carlos DeLuna because she liked and hung out with his brother Manuel. . . . Linda remembered Carlos as being ‘real hyper.’ He talked fast and drank a lot. They all hung out at the Casino Club. Linda loved that place. She loved to go there and dance.”); Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 1 (“C[arlos] Hernandez hung out at Casino Club.”); James S. Liebman’s Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 2 (“Casino Club on Port Street & Marga[rita]. . . He [Carlos Hernandez] would go there. There were killings, stabbings and fights. Dance club, served alcohol.”); infra notes 188, 198 and accompanying text; supra Chapter 5, notes 50, 152, 160, 163, 181–184, 188–189, 227, 230 and accompanying text; infra Chapter 7, notes 7, 57, 221–222, 227 and accompanying text; infra Chapter 9, note 122 and accompanying text, infra Chapter 13, notes 69–273 and accompanying text.- p. 82 "Margie developed…five months pregnant."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:51:42–04:51:53 (“I was [sic] just turned 15. I was pregnant with my first son and he [Carlos Hernandez] used to, every afternoon, I used to go outside because I knew the time he would pass by. I thought he was cute, [a] guy in a hard hat. He was older than me. What did I know about guys?”).- p. 82 "But as she told…part of the allure."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:51:53.- p. 82 "Every afternoon…kitty-corner across the street."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:51:53 (“I used to go outside because I knew the time he would pass by. I thought he was cute, [a] guy in a hard hat.”).- p. 83 "Carlos would tease…to talk to him."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:52:32 (“I used to wait for him to pass by every afternoon. And he would tell me ‘Hey, what’s up? What are you doing? Why aren’t you in school yet?’ And I would say, ‘cause I’m pregnant,’ and he would say, ‘why don’t you come down here?’, and I would say ‘no’. We just started, every day it was hello, hello, hello. I just made sure I was outside.”).- p. 83 "Margie giggled…beer always in hand."
Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 960 (testifying that he bought a six-pack of Schlitz beer the night of Dahlia Sauceda’s murder); Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 929 (stating that he worked at Tennessee Pipeline Construction “about two years off and on”); Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:51:53 (“I thought he was cute, [a] guy in a hard hat. He was older than me. What did I know about guys?”).- p. 83 "'What did I know'…with a laugh."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:51:53 (“I was [sic] just turned 15. I was pregnant with my first son and he [Carlos Hernandez] used to, every afternoon, I used to go outside because I knew the time he would pass by. I thought he was cute, [a] guy in a hard hat. He was older than me. What did I know about guys?”).- p. 83 "Janie wanted her pregnant daughter married…"
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:53:06 (“My mom knew his mom. My mom Janie Adrian knew Fidela Hernandez. So they started like playing match maker. I have a daughter; you have a son. They’re single. So let’s play matchmaker. So they introduced me to Carlos. I finally found out who he was. I thought he was real cute. I mean I was young.”).- p. 83 "…recently home after five years in prison."
Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 6 (“Fidela favored Javier and Carols [sic] was hurt by it. Carlos was the black sheep. When Javier died, Carlos though [sic] she would shift her attention to him but never did.”); see infra notes 79–82, 104, 150–160 and accompanying text.- p. 83 "Attracted…along with her mother's plan."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:53:06 (“My mom knew his mom. My mom Janie Adrian knew Fidela Hernandez. So they started like playing match maker. I have a daughter; you have a son. They’re single. So let’s play matchmaker. So they introduced me to Carlos. I finally found out who he was. I thought he was real cute. I mean I was young.”).- p. 83 "At first…things developed quickly."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:53:42 (“We started kind of like dating, going to the movies, going out to eat. He always made sure I had a lot to eat because I was pregnant. And then we just kind of went a step too far, we started dating more seriously. We started living together.”).- p. 83 "Nine years younger…in November 1978."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:53:32–04:53:37, 04:54:56 (recalling that when she met Carlos Hernandez, “I was about 15 years old and I was about 6 months pregnant [and Carlos Hernandez] was about 24 years old”); “[I]t was about November of ’78 [when I moved into the Hernandez household].”)- p. 83 "The arrangement lasted until July 1979."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:54:56, 05:09:33 (“[I]t was about November of ’78 [when I moved into the Hernandez household].”; “End of June, beginning of July [1979]. I had it, I couldn’t take it anymore [and I moved out of the Hernandez home].”).- p. 83 "…'I got food, husbandly things.'"
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:54:24 (“Oh he loved the fact that I was pregnant. He just loved it, he did everything to make sure I ate, make sure I got food, husbandly things.”).- p. 83 "…'odd reason, he thought he was.'"
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:59:37 (“Oh he loved my son. He knew that it wasn’t his but for some reason, some odd reason he thought he was. He loved my son very much.”); Bruce Whitman’s Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Sept. 23–24 and 27, 2004) at 2:Janie [Adrian, mother of Margie Tapia] and her children moved to a house on Carrizo Street in 1977–1978 and remained there for 8–9 years or more. Fidela Hernandez, her sons Carlos and Javier, and her granddaughter Pricilla lived across the street. Soon after the move to the Carrizo neighborhood, Janie’s 14 year old daughter Margie, who was pregnant at the time by another man, befriended Carlos Hernandez and moved in with him and his family. While living with the Hernandez family, Margie gave birth to a son, Eric Tapia, on 01/03/1979. Both Carlos Hernandez and Fidela had been told that Eric was not Carlos Hernandez’s son but Janie believed Carlos Hernandez “thought Eric was his.” Janie says Carlos Hernandez and Fidela loved Eric and that, “‘Fidela even took out a life insurance policy on Eric which is now paid off.” Fidela had told Janie about the life insurance policy a couple of years prior while the two ate lunch in town.
James S. Liebman’s Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Dec. 4, 2004) at 1 (“CH [Carlos Hernandez] would come by JA’s [Janie Adrian’s] house and ask for Eric; he thought Eric was his son. We told him that was not true. He would come and see if Eric needs help. Pampers, Carlos bought Eric a little bed.”).- p. 83 "Fidela told…'is now paid off.'"
Bruce Whitman’s Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Sept. 23–24 and 27, 2004) at 2, 3–4 (“Janie says Carlos Hernandez and Fidela loved Eric and that, ‘Fidela even took out a life insurance policy on Eric which is now paid off.’ Fidela had told Janie about the life insurance policy a couple of years prior while the two ate lunch in town.”; “Janie said that Carlos Hernandez came by to check on Eric ‘all the time’ after he and Margie broke up.”; “Janie explained: ‘I used to be real close to Fidela. Last time I saw her was 2 1/2 to 3 years ago in a restaurant and she told me she had a paid off a life insurance policy on Eric. She loved Eric.’”); James S. Liebman’s Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Dec. 4, 2004) at 1 (“I heard Fidela took out insurance on the baby (Eric). Janie to[ld] Fidela: ‘You know, he doesn’t belong to Carlos.’”).- p. 83 "At the flick of a switch…another would replace it."
See Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:07:32–05:07:36 (stating that drinking caused Hernandez’s mood to swing); Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 2:Evenings [in 1978–1979, when Margie lived with Carlos Hernandez at Fidela’s house] were spent watching television. The living room was made into a bedroom where Margie and Carlos slept. Fidela had her own bedroom. Things started to change with Carlos after Margie moved in. “He (Carlos [Herandez]) was just fine and then every once in a while he would just change. He would get angry at me over nothing like the television was on the wrong channel, the fan wasn’t pointed in the right direction. Anything to be mad about. This just built up and Carlos started slapping me around.” The next day Carlos was fine, loving and caring. He would call Margie “Babe” and take her out, rub her stomach and ask how his son was doing. Carlos was fine for 2–3 weeks and then physical abuse started all over again. “He could be the sweetest guy and then just turned in an instant to a mean person.” After the physical abuse started Margie was not allowed out of the house without Carlos. Carlos went out alone and he always came home drunk and abusive.
- p. 83 "There was no way to please him."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:04:17 (“Carlos Hernandez had a mean side. A very mean bad side. He would change from one day to the next. He will be okay you know [a] couple days, and then the next day he would be all mad. There was hardly any way you could please him.”).- p. 84 "When he saw her…with his work boots."
Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 3:Things with Carlos were good until March of 1979. In March Margie got her figure back and was feeling good about herself. One day she fixed her hair, put on a pair of shorts, put Eric in the basinet and sat on the front porch and waited for Carlos to come home from work so she could greet him on the porch. Carlos arrived on Carrizo Street. As he was walking down the sidewalk and as he got to his house he noticed Margie sitting on the porch and from the street he yelled at Margie, “What the fuck are you doing outside the house?” Margie told him she was waiting for him to come home from work. Carlos climbed the stairs and started kicking Margie. He was wearing his heavy work boots. He kicked Margie through the front door into the house. Margie told Carlos she hadn’t done anything she was just sitting outside waiting for him. Once inside the house Margie said she wanted to go to her mother’s. Carlos said no, locked the front door, picked up a hammer, threw Margie on the bed in the living room, held the hammer over her head and threatened to hit her with it while he raped her. Margie told Carlos she wanted to leave him. Carlos told her if she ever left him he would kill her and she wasn’t taking his son, (Eric). From this event on, Carlos didn’t allow Margie out of the house unless he was with her.
- p. 84 "Then he took her…exactly what he said."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:06:08 (“He had a hammer. He had a hammer. The bed is right here; the door is right here. It was like a couch. This side that was where my son was. He was asleep. He grabbed me and he threw me on the bed. And he says you are going to do what I tell you. And he raped me. I remember that so clearly. And he said if you scream I am going to kill you.”); Lauren Eskenazi & Sita Sovin’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Oct. 28, 2004) at 2 (describing the assault as having gone on for four or five hours); Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 3:Things with Carlos were good until March of 1979. In March Margie got her figure back and was feeling good about herself. One day she fixed her hair, put on a pair of shorts, put Eric in the basinet and sat on the front porch and waited for Carlos to come home from work so she could greet him on the porch. Carlos arrived on Carrizo Street. As he was walking down the sidewalk and as he got to his house he noticed Margie sitting on the porch and from the street he yelled at Margie, “What the fuck are you doing outside the house?” Margie told him she was waiting for him to come home from work. Carlos climbed the stairs and started kicking Margie. He was wearing his heavy work boots. He kicked Margie through the front door into the house. Margie told Carlos she hadn’t done anything she was just sitting outside waiting for him. Once inside the house Margie said she wanted to go to her mother’s. Carlos said no, locked the front door, picked up a hammer, threw Margie on the bed in the living room, held the hammer over her head and threatened to hit her with it while he raped her. Margie told Carlos she wanted to leave him. Carlos told her if she ever left him he would kill her and she wasn’t taking his son, (Eric). From this event on, Carlos didn’t allow Margie out of the house unless he was with her.
- p. 84 "It didnt faze…the bed."
See Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:06:08 (“This side that was where my son was. He was asleep.”).- p. 84 "…really bad nightmares."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:01:47:[Hernandez] hardly slept. If he slept he had nightmares. He had really really bad nightmares. Sometimes he would wake up choking me. I don’t know what he was dreaming about. He’d be yelling and screaming, grab me by my throat. You know I would have to tell him, “Carlos it’s me wake up, wake up.” And if I could get my hand free and slap him, maybe you know, he’d open his eyes and say, “oh I’m sorry.” I’d go, “what’s wrong.” He would never say nothing. He’d say it’s nothing go back to sleep.
- p. 84 "Usually Carlos…fighting someone in his sleep."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:01:47; Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 4 (“While Margie was living with Carlos, at least 2–3 times a week, Carlos woke up with nightmares and in a sweat, sometimes swinging his arms and fighting at nothing. H[e] was afraid; his eyes were wide like someone was going to hurt him. Margie tried to comfort him and asked what he was seeing? Carlos didn’t want to talk about it but onetime told her he was fighting with one man in his sleep.”); infra Chapter 7, notes 149–157 and accompanying text (describing Diana Gomez’s experiences with Carlos Hernandez’s night terrors).- p. 84 "Margie knew that Carlos…to him there."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:02:21 (“I thought it was strange. I guess because he was in prison before, something happened.”).- p. 84 "Carlos always carried…in his pocket."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:00:13 (“[Hernandez] always had a knife. It was brown, corner was gold. It was kinda about yea long when it was open. It locked. It was one of those, I don’t what you call it maybe a buck knife. You know that you flip open and it locks. The reason I know this is because he always carried it on his right side in a pouch. If he didn’t have the pouch he carried it in his back pocket. I saw that knife constantly.”).- p. 84 "Then he…'where he slept.'"
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:00:49 (“I think he sometimes paid more attention to [his knife] than he did to me. He would sit there at night, when we were watching tv or whatever, he would just, it’s called a wet stone. Put water and just be sharpening it. And after he did that he cleaned it. He would say something to it and put it under where he slept.”).- p. 84 "…'like you would put a kid to bed.'"
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:01:13 (“I don’t know, like [the knife] was a real person or something. And he would just, like you would put a kid to bed.”); see also Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 4 (“Carlos Hernandez always carried a folding knife . . . . He carried it either in a holster on his belt on his right side or in his right back pocket. Carlos Hernandez talked to his knife and told it when it was time for it to go to bed. Carlos put the knife to bed on his side of the bed and under the mattress.”).- p. 84 "Soon he wouldn't let her go out at all without him."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:07:29 (“He wouldn’t let me go to my mom’s. He wouldn’t, um, if I would go, but I would have to be home by the time (he got home). And I couldn’t tell my mom what was going on. He wouldn’t allow it. And he always made sure I was home. He never let me go out. I couldn’t go to the store by myself. I couldn’t take the baby out unless I was with him.”); see Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 3:Things with Carlos were good until March of 1979. In March Margie got her figure back and was feeling good about herself. One day she fixed her hair, put on a pair of shorts, put Eric in the basinet and sat on the front porch and waited for Carlos to come home from work so she could greet him on the porch. Carlos arrived on Carrizo Street. As he was walking down the sidewalk and as he got to his house he noticed Margie sitting on the porch and from the street he yelled at Margie, “What the fuck are you doing outside the house?” Margie told him she was waiting for him to come home from work. Carlos climbed the stairs and started kicking Margie. He was wearing his heavy work boots. He kicked Margie through the front door into the house. Margie told Carlos she hadn’t done anything she was just sitting outside waiting for him. Once inside the house Margie said she wanted to go to her mother’s. Carlos said no, locked the front door, picked up a hammer, threw Margie on the bed in the living room, held the hammer over her head and threatened to hit her with it while he raped her. Margie told Carlos she wanted to leave him. Carlos told her if she ever left him he would kill her and she wasn’t taking his son, (Eric). From this event on, Carlos didn’t allow Margie out of the house unless he was with her.
- p. 84 "If Margie defied him, he would beat her."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:08:59–05:09:04 (stating that Hernandez would beat her if she defied his will).- p. 84 "She begged…Richard Garcia for help."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:09:33 (“I had it, I couldn’t take it anymore. And at that time, my sister, Mary Jane Garcia, she had just gotten married to Richard Garcia, one of the guys from the neighborhood. I finally told her what was going on.”).- p. 84 "The two…being held captive."
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:10:33 (“My sister and her husband called the cops. I meant the police, excuse me, slang. They called the cops and they told them that I was underage and that I was being held against my will. And they told them that I had a son. And the police asked me do you want to go. I’m like yes. Carlos was standing at the door. They said get the baby’s things.”).- p. 84 "'They said get the baby's things.'"
Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:10:33; see also Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 3:Approximately 2 months later [in May 1979], Carlos began beating Margie again but this time Margie was able to get to the telephone in Fidela’s room. She called her sister Mary Jane Garcia and told her what was happening. She was in fear of her life and wanted to get out of the house. Mary Jane told her there was only one way to get Margie out and that was with the help of the police. Margie told her not to call the police because Carlos was on parole and he would be sent back to prison. Mary Jane sent her husband Richard and his brother Johnny over. Carlos answered the door. Richard told Carlos he was there to get Margie and Eric. Carlos said no. A couple hours later there was another knock on the door and this time it was the police. The police asked how things were going. Carlos said things were fine. The police asked Margie the same question and she told them she wanted to leave. Carlos said no, the police said yes. Margie took Eric, left with the police and never returned.
- p. 85 "…'he got others to fight his fights for him.'"
Bruce Whitman’s Notes on Interview with Richard Garcia, Brother-in-Law of Mary Margaret Tapia (July 22, 2005) at 2 (“Richard described Carlos Hernandez as: A coward, liked to beat up women, not a man, would not fight men, only liked to beat up women, liked to control women, was a mommy’s boy, mommy’s [sic] took care of him and fought his fights for him.”).- p. 85 "…'only attacked women, not men.'"
Peso Chavez’s Notes on Interview with Gilbert Limon, Acquaintance of Carlos Hernandez (Aug. 12, 2004) at 2 (describing Carlos Hernandez as “strange, especially when he was drunk. He always carried a ‘Buck Knife’. . . . [T]he guy just starts carving on his stomach with his knife. He was the type of person that was a coward and took his frustration out on women.”); see also Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 6 (“It was said by [Kelly’s] other [criminal defense] clients that Carlos is a chicken: ‘He stabbed people in the back’”).- p. 85 "Margie felt lucky to have gotten out of Fidela's house alive."
Transcribed Videotape Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 05:20:14 (“Q. Now Margie as you look back on your time with Carlos Hernandez and think about everything you’ve experienced from him and with him and what you’ve learned about since. What goes through your head when you hear all of that? A. I’m lucky to be alive. I’m very lucky to be alive. The Carlos Hernandez that I knew he was capable of hurting a woman . . . . It makes me think it could have been me.”).- p. 85 "There were a lot…that frightened people."
See infra Chapter 8, notes 13–34 and accompanying text.- p. 85 "Rita Hull…older sister…"
Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 2 (describing the lifelong friendship between Rita and Paula; “Rita met Paula when Rita was 12 y.o. Paula died of cervical cancer at the age of 42.”); see James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 1 (noting that Rita “first met Paula at [age] 12–13. [Paula was l]ike her big sister. Close.”).- p. 85 "…who nursed Paula as she died of cervical cancer…"
Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 2; see James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 1 (“Rita took care of Paula during her cancer crisis.”).- p. 8 "A witch."
James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 1 (“Fidela—a bruja—witch . . . pejorative term”); Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 2 (“Fidela is a mean, evil woman . . . .”); James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 3 (“This woman was a bruja (witch), one of the worst persons in the world.”).p. 85 "'Just…die so I can collect.'"James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 3 (“[A]ll that Paula ever wanted from her mother was to say that she loved her and she never did. In fact when she went to visit Paula in the hospital she told her, ‘why don’t you hurry up and die so that I can collect on the insurance money so that I can spend it before I die.’ . . . Four of her children died and she collected insurance on all of them.”); see James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 1 (“She [Fidela] got money when each kid died. Her mom [Fidela] refused to acknowledge she loved Paula before Paula died. ‘No, I don’t care; just want you to die so I can collect.’”).p. 85 "When Paula did die, at age fourty-two…"Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 2.p. 85 "Rita made the arrangements herself."James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 1.p. 85 "The county buried her in a pine box."Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 2 (“Fidela did not participate in preparing Paula’s funeral and provided no financial assistance for the funeral even though she received insurance money from Paula’s death. Paula was buried in a pine box by the county.”).p. 85 "…'she didn't like any of us.'"Peso Chavez’s Notes on Interview with John Michael Schilling, Nephew Carlos Hernandez (Aug. 12, 2004) at 1 (“I can’t even describe that woman. She’s very bad—no good—she didn’t like any of us.”).p. 85 "Fidela worked…her house for sex."James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 1 (“Fidela was a puta. A real working prostitute.”); James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 3 (“Fidela is a whore who had men in and out of her house all the time that paid for sex. She and Paula both worked at a dry cleaners store on Staples but Fidela’s real profession was that of a prostitute.”); Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 3 (“Pricilla [Paula’s daughter who was sent to live with Fidela after she was born out of wedlock] turned out the way she did because of what she witnessed at Fidela’s house, including Fidela’s prostitution. Pricilla has 8 children from 7 fathers.”); Peso Chavez & James S. Liebman’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004) at 4 (“Fidela—lady of the night.”).p. 85 "Margie saw…out of the house."Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:12:46 (“[Fidela] always had her sugar daddy’s coming in and out.”); Sita Sovin & Lauren Eskenazi’s Notes on Interview with Beatriz Castro, Friend of Fidela Hernandez (Oct. 23, 2004) at 2, 5 (“Javier told one of Beatrz’s [sic] sons that he watched his mother having sex with a man. . . .”; “Beatriz knew that, when Fidela was younger, she used to bring men home to make money. . . . She had sex with men to make money.”); Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 2 (“[When Margie lived in Fidela’s home,] Fidela was not working at a job. She went out nightly to bar/lounges, including one called Marie’s. . . . Fidela was a prostitute and sometimes brought her john’s [sic] home with her. One she called Sugar daddy. Carlos knew what his mother was doing but never talked about it to Margie. Fidela paid the bills with the money she made as a prostitute.”).p. 85 "Years later…make her good money."Bruce Whitman’s Notes on Interview with Fidela Hernandez, Mother of Carlos Hernandez (Aug. 7, 2004) at 1 (“Fh’s [Fidela Hernandez’s] mother groomed her at an early age to sell her body to men. Her mother told her she looked nice and had a nice body and she should sell it to men to make money. . . . Fh has never been close to her family because they call her a prostitute.”); see also Sita Sovin & Lauren Eskenazi’s Notes on Interview #3 with Fidela Hernandez, Mother of Carlos Hernandez (Sept. 16, 2004) at 4–5 (“Fidela also worked at a saloon. Her boss was her ‘compadre’ and took care of Fidela. When she was there men tried touching her so she said you have to take me somewhere and pay me if you want to touch me. Fidela learned the hard way to survive.”).p. 85 "Always looking…on all her children."James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 3 (“[A]ll that Paula ever wanted from her mother was to say that she loved her and she never did. In fact when she went to visit Paula in the hospital she told her, ‘why don’t you hurry up and die so that I can collect on the insurance money so that I can spend it before I die.’ . . . Four of her children died and she collected insurance on all of them.”); James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 1 (“She [Fidela] got money when each kid died. Her mom [Fidela] refused to acknowledge she loved Paula before Paula died. ‘No, I don’t care; just want you to die so I can collect.’”); Sita Sovin & Lauren Eskenazi’s Notes of Interview #2 with Fidela Hernandez, Mother of Carlos Hernandez (Sept. 15, 2004) at 2 (“Fidela had insurance policies on all her children.”).p. 85 "Fidela was seventeen…baby starved to death."Sita Sovin & Lauren Eskenazi’s Notes on Interview #3 with Fidela Hernandez, Mother of Carlos Hernandez (Sept. 16, 2004) at 5:Fidela’s first child, Arelia who she had with her husband Santiago Ramos died of hunger at 11 months because he would not give her anything to take care of the child. Fidela had no milk for the baby. She went to the owner of the apartments where they were living on 24th or 25th [Street], and the woman told Fidela to take the baby to the hospital because the baby would die. Fidela went to the doctor who told her he would put something else down as the reason the child died. Ramos did voodoo. Fidela was only 17 years old. She was still playing with balloons and innocent. She had never been with a man before she married Ramos. Fidela married Ramos because her stepfather was, “after my bones.” My mother (stepmother?) did not believe me. “I told Santiago I did not love him but he just wanted to be married with a virgin.” My mother gave him $20 to buy a dress and cheap sandals. “I had a picture of us at the wedding but it got wet in a storm.”
p. 85 "The doctor…authorities wouldn't inquire."Sita Sovin & Lauren Eskenazi’s Notes on Interview #3 with Fidela Hernandez, Mother of Carlos Hernandez (Sept. 16, 2004) at 5.p. 86 "After Santiago…Carlos Hernandez, Sr."James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 1 (“Rita . . . said that C. Hernandez’s father impregnated his daughter Maggie”); Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 6 (“Marguerite . . . [allegedly] had a son from the incest with her [step-]father . . . . Marguerite gave the son up for adoption.”); see Bruce Whitman’s Notes on Interview with Fidela Hernandez, Mother of Carlos Hernandez (Aug. 7, 2004) at 1 (“Fh [Fidela Hernandez] found out that ch/sr [Carlos Hernandez, Sr.] was molesting his stepdaughter margarita. Margarita was 14 yoa at the time and chose to stay with [Carlos Hernandez] sr.”); Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 2 (“Her [Marguerite’s] father got her pregnant.”).p. 86 "When the elder Carlos…and their children."Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) (“Mr. [Carlos] Hernandez [Sr.] was convicted of a rape charge in 1960. He was sent to the penitentiary for several years and after completing his term apparently went to live in Dallas. Mrs. Hernandez stated he has never attempted to come back to her and that she would not take him back if he tried.”).p. 86 "Fidela…'on Carlos [Jr.].'"Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) at 8–9, 3 (reporting on Feb. 11, 1971, that Carlos’s “relationship” with his mother “has been strained to a large part because Mrs. Hernandez has tended to take out her frustrations on the children and particularly on Carlos”; that Fidela was “bitter and hostile towards her ex-husband and takes her feelings out on her children”; and that the Welfare Department was involved with family for “several years” prior to the 1971 report; reporting on April 29, 1971, that “[Fidela Hernandez] was constantly on Carlos’[s] back about anything he did. She stated that she had become this way after suffering so much due to her husband’s imprisonment.”).p. 86 "For a year…couldn't support them."Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) at 7 (“Carlos and his brother Gerardo were in Youth City for about a year following their father’s imprisonment because the mother could not support them.”).p. 86 "The local family…welfare for years."Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) at 8–9 (“Mr. [Carlos] Hernandez [Sr.] was convicted of a rape charge in 1960. He was sent to the penitentiary for several years and after completing his term apparently went to live in Dallas. Mrs. Hernandez stated he has never attempted to come back to her and that she would not take him back if he tried.”).p. 86 "Fidela told juvenile…'couldn't get along.'"Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) at 3 (noting that Fidela Hernandez claimed on Feb. 11, 1971, that “at first [she] was very angry at [Carlos Hernandez] and had told the intake worker that she and the boy could not get along”).p. 86 "According to Rita…her preference known."Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 6.p. 86 "The police thought that he had committed suicide."Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:36:50–14:38:05, 14:42:17–14:43:38 (“Javier, he was an alcoholic. All he wanted to do was drink. He never got violent.”); Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:42:17–14:43:38:Q. How did Javier die? A. You know, that’s something I’ve never been able to put together. Now I understand he got burnt, that he went to the Valley. And his wife used to live across the street, or her and Javier used to live right across the street. They had a beautiful baby. And he used to love her. And she used to take care of him, really loved him. Like I said, Javier was an alcoholic, he had an alcoholic problem. That’s the way he lived, all his life. Now, when he died, I can’t recall if I was out here or I was in prison. That’s just what I heard through the grapevine, that he went to the Valley and that somehow he fell asleep, the mattress caught on fire, the house burnt down, or wherever he was staying at burnt, and he burnt with it.
Sita Sovin & Lauren Eskenazi’s Notes on Interview #3 with Fidela Hernandez, Mother of Carlos Hernandez (Sept. 16, 2004) at 2 (“Javier was wild, Carlos was not wild.”); Sita Sovin & Lauren Eskenazi’s Notes on Interview with Sylvia Hernandez, Sister-in-Law of Carlos Hernandez (Oct. 27, 2004) at 2 (“Javier and [his wife] Sylvia started to fight [at their home] over the gas tank. . . . At first, Javier did not have matches. Then he lit a match. . . . Sylvia thinks Javier intentionally stayed inside the house [after the match ignited].”); Peso Chavez’s Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 4 (“[Carlos’s] brother Javier died in a fire . . . .”).p. 86 "Someone had carved…on his own blood."Murder Victim Found In Park, Robstown Record, May 24, 1979 at 1, 5 (“The badly beaten body of a 22 year old man was found Saturday morning in [a] Park . . identified as Efrian Hernandez . . . . The man was apparently killed by being beaten and cut with a bottle . . . there were lacerations around the victim’s face and abdomen”); William Belford, Summary of Efrain Hernandez Death Record at Nueces County Clerk’s Office (July 7, 2005) at 1 (“Cause of death was traumatic head injury and aspiration of blood. A description of how the injury occurred was that the deceased was beaten and stabbed with a bottle. The cause of death was ruled a homicide.”).p. 86 "Police never solved the crime…"Arrest Sheet No. C21250 for Juan Velasquez, Robstown Police Dep’t (May 25, 1979) at 1 (“Capital Murder Warrant . . . above subject arrested at the station on warrant #21999 issued by Judge B. Serge”); Three Held in Two Homicides, Corpus Christi Caller-Times, May 26, 1979 (“Two men were arrested on charges of capital murder in connection with . . . beating and cutting last weekend of Efrain Hernandez, 21, of Corpus Christi. Arrested after turning themselves in at the Corpus Christi police department were Alonzo Gonzales, 24 . . . and Juan Velasquez, 23”); William Belford, Summary of Efrain Hernandez Death Record at Nueces County Clerk’s Office (July 7, 2005) at 1 (“Captain Secundino TAMEZ of the Robstown PD admitted that there were very few leads [to the killing of Ephrain Hernandez]. The Robstown PD claim that all offense reports, even homicides, are destroyed after 10 years [and were not available as of 2005].”); William Belford, Summary of Criminal Record of Juan Velasquez (Aug. 2, 2005) at 3 (“The pre-sentence report also gives list of VELASQUEZ’s arrests up to 1990—confirms he was arrested on 05/25/79 for capital murder [evidently of Ephrain Hernandez] which was dismissed”).p. 86 "…lover's brother killed him."Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:41:29–14:42:17 (noting that Ephrain was “dancing with some girl, and apparently the girl had a lover, another girl. And she got jealous . . . . And she broke a quart bottle and cut his throat and cut a piece of his eye out. . . . [T]hey threw him in the park[, and] they left him face-up and he choked on his own blood.”); Sita Sovin & Lauren Eskenazi’s Notes of Interview #2 with Fidela Hernandez, Mother of Carlos Hernandez (Sept. 15, 2004) at 5–6 (“[Frankie] was trying to make friends with a girl and Irene got mad at him, took him out of town and her brother stabbed him. . . . Frankie was killed by Irene Lopez who was in a lesbian relationship. Irene had a brother who was involved in the killing. Irene went to prison. One of Frankie’s eyes was carved out in the killing.”); Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) (“Freddy death [sic] also involved foul play. He was killed and his body dumped at [a park].”); Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 3 (“‘He [Frankie Hernandez] was in a relationship with a woman whose lover was a lesbian and the lover killed him. This happened in Robstown, Tex..’”); Peso Chavez’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (July 21 and 23, 2004) at 3 (“GLORIA’S KNOWLEDGE ABOUT THE HERNANDEZ FAMILY: . . . EFRA[I]N HERNANDEZ: Deceased—Murdered.”).p. 86 "'He was the only one…who graduated.'"Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 6; James S. Liebman’s Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Dec. 4, 2004) at 3 (“Gerardo was different from the rest [of the Hernandez family].”); James S. Liebman’s Notes on Interview with Bea Martinez, Sister of Fidela Hernandez (November 3, 2005) at 1 (“Fidela went out to Calif[ornia] to visit Gerardo, and he told her she was no longer part of his family. He would stick with his wife’s family.”); Peso Chavez’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (July 21 and 23, 2004) at 1 (“Gerardo Hernandez . . . cleaned his hands of that family and went in the service.”); Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 3 (“Once [Gerardo] was out of Corpus Christi he did not want anything to do with the family. He moved to California and worked for the Post Office.”).p. 86 "Rita Hull…worst of the Hernandez family."Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 6.p. 87 "'He always threatened me.'"Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:08:40.p. 87 "'I fought him off for a long time.'"Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:24:47 (“I’ll be honest with you, I was really scared of this dude. I mean, I fought him off for a long time. And I just wanted to leave it at that. I didn’t want things to escalate, maybe me killing him or him killing me, you know what I’m saying. . . . I knew eventually we were going to get to a point where we were going to hurt each other. One of us was going to hurt somebody real bad. But I wasn’t looking forward to it.”).p. 87 "'But I wasn't looking forward to it.'"Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at [14:24:47].p. 87 "Something about alcohol…a neighbor recalled."Transcribed Videotape Interview with Marcella Brown, Friend of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 13:29:09 (“Well, Carlos, like I said, was an . . . Well, he’s an alcoholic. He drank, and when he drank he got very obnoxious.”); Transcribed Videotape Interview with Beatrice Tapia, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 08:29:23 (“But . . . when Carlos Hernandez was drunk, well, that was a different side of Carlos Hernandez that I saw. He was, Carlos Hernandez was very aggressive. He was constantly, Carlos Hernandez was constantly mad at the world.”); Lauren Eskenazi & Sita Sovin’s Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Oct. 29, 2004) at 2 (“Carlos Hernandez was a heavy drinker who often talked and bragged.”); Bruce Whitman’s Notes on Interview with Johnny Arsuaga, Cousin of Carlos Hernandez and John Arsuaga (Nov. 3, 2005) at 1–2 (“Carlos Hernandez was an alcoholic and the last time Johnny saw Carlos Hernandez was when Carlos Hernandez was living near Josephine [Solis, sister of Fidela Hernandez] at the Hudson address. Carlos Hernandez rode a bike to Josephine’s when he was drunk and fell off and passed out in the street in front of his aunt’s house.”); James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 1 (“C[arlos] Hernandez was crazy when he drank.”); Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 2 (describing Hernandez as a heavy drinker with an “[u]ngovernable temper after consumption of [a] large amount of alcohol”); James S. Liebman’s Notes of Interview with Cruz Perez & Lisa Garza, Friends of Carlos Hernandez (Nov. 3, 2005) at 1 (“When CH [Carlos Hernandez] would drink . . ., he would get ‘mean.’”); Peso Chavez’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (July 21 and 23, 2004) at 1 (“Ms. Sanchez dated Carlos Hernandez in the late 70’s for approximately 6 to 8 months—he was dating other women as well. Ms. Sanchez’ brother, Johnny Longoria (deceased) was very upset with her because she was dating Carlos. He would tell her, ‘Nobody likes the guy—he is a crazy lunatic with a bad temper.’ According to Ms. Sanchez . . . his [Carlos Hernandez’s] sister Paula told me [the same thing].”); Bruce Whitman’s Notes on Interview with Eddie Schilling, Nephew of Carlos Hernandez (Aug. 8–9, 2004) at 1 (“Eddie spent time with his uncle Carlos Hernandez during his formative y[ea]rs. As long as he remembers [Carlos Herandez] was an alcoholic, who drank beer and hard liquor daily. . . . Eddie watched [his uncle] do crazy things including fighting, yelling, throwing things, slamming doors all of which frightened Eddie and his siblings.”).p. 87 "He would get trashd on Schlitz or another brand of cheap beer…"Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 939–40, 960 (“Q. ‘You do drink Schlitz, don’t you?’ [Carlos Hernandez:] ‘Yes. . . . Old Milwaukee is my favorite too.’”; testifying that he bought a six-pack of Schlitz beer the night of Dahlia Sauceda’s murder); Transcribed Videotape Interview with Jon Kelly, Attorney for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:47:13 (“[Carlos Hernandez drank] Cerveza. Beer. Whatever was popular at the time. If it was Miller Lite at the time or it was, nowadays it was Bud Lite, and I think we’re going back to Miller again, or Coors. He drank beer. Schlitz, I used to like Schlitz, and we would drink that.”); Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 4 (“[Carlos Hernandez] drank beer; whatever was popular at the time. Falstaff, Jacks, Miller Lite.”); Bruce Whitman’s Notes on Interview with Eddie Schilling, Nephew of Carlos Hernandez (Aug. 8–9, 2004) at 1 (“[Carlos Hernandez] drank Bush or Bud beer”); Lauren Eskenazi & Sita Sovin’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Oct. 28, 2004) at 2 (“He drank Schlitz or Miller Lite.”).p. 87 "He'd literally 'stab you in the back.'"Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:08:40; see Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi (Dec. 5, 2004) at 07:32:08–07:33:28:Q. Now did Carlos Hernandez drink? A. Yes, a lot. He drinked a lot. And he was kind of like very—When he was drunk, the world was his. The world was his. It was like everything in the neighborhood belonged to Carlos. We couldn’t say nothing. He was always very abusive. . . . Like he was very, like he was somebody big, somebody that people wouldn’t say nothing to him. That he could do things and people wouldn’t say nothing.
See also Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 6 (“It was said by [Kelly’s] other [criminal defense] clients that Carlos is a chicken: ‘He stabbed people in the back’”).p. 87 "But at night…'an evil person.'"Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 02:48:56 (“He looked like the demon when he was under the influence, Carlos Hernandez, in other words. It was totally the opposite of when he was sober. When Carlos Hernandez was sober it was different, he would go and do a day’s job, but then at night it was like an evil person. And this was an every day thing, drinking, drinking, it was an every day thing.”); Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:46:13 (“He never looked normal. When he was drunk he looked uglier. He had an evil look on his face . . . .”); other source cited infra note 98.p. 87 "And drinking was an everyday thing."Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 02:48:56 (“He looked like the demon when he was under the influence, Carlos Hernandez, in other words. It was totally the opposite of when he was sober. When Carlos Hernandez was sober it was different, he would go and do a day’s job, but then at night it was like an evil person. And this was an every day thing, drinking, drinking, it was an every day thing.”).p. 87 "…5 feet, 7 inches, and about 160 pounds…"Carlos DeLuna and Carlos Hernandez Height and Weight Comparison (Jan. 25, 2010) (collecting descriptions of Carlos Hernandez’s height and weight at various times as recorded by the police in arrest reports, and indicating, for example, that Hernandez he was 5’7” and 160 pounds at multiple times in 1983).p. 87 "…but he scared a lot of people."Pet. for Divorce, In The Matter of the Marriage of Rosa Anzaldua Hernandez and Carlos Hernandez, No. 83–5525-H (Nueces Cty. Ct., 347th Judicial Dist. Nov. 7, 1983) at 4–5 (“[Rosa] prays that the Court immediately grant a temporary restraining order . . . . [Carlos Hernandez] has a violent and ungovernable temper and is unpredictable, and [Rosa] has reason to be and is in fear of [Hernandez].”); Freddy Schilling, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 870, 871, 875–76 (“When [Carlos Hernandez is] drinking, he talks a lot, [and is] just kind of violent”; describing incident when he [Freddy Schilling] was asleep and woke up to find Carlos Hernandez beating him; “‘Q. When [Carlos] gets drunk, does he like to fight?’ ‘A. If you’re around him. If I would have been around him, he probably would have.’”); Transcribed Videotape Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Feb. 23, 2005) at 11:24:50 (noting that other people “were afraid of [Carlos Hernandez]. And I think that especially his brothers Javier and Efrain, I think they were afraid of him.”); Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:24:47 (“I’ll be honest with you, I was really scared of this dude [Carlos Hernandez].”) Sita Sovin & Lauren Eskenazi’s Notes on Interview with Sylvia Hernandez, Sister-in-Law of Carlos Hernandez (Oct. 27, 2004) at 1 (describing Carlos Hernandez as having a “mean face” and noting that she was scared of him); Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 2–4, 5 (“People gave him [Carlos Hernandez] a wide berth. . . . He could be frightening. I saw that.”; “I enjoyed dealing with him [Hernandez]. I treated him with respect. He did things for me. Only problem was when he came around to my house and scared people, and I had to ask him to stay away. It wasn’t how he acted but how he looked. You could sense the evil.”); Peso Chavez’s Notes on Interview with Gilbert Limon, Acquaintance of Carlos Hernandez (Aug. 12, 2004) at 2 (stating that Carlos Hernandez “was strange, especially when he was drunk. He always carried a ‘Buck Knife’. . . . [T]he guy just starts carving on his stomach with his knife.”); Bruce Whitman’s Notes on Interview with Maria Martinez, Neighbor of Hernandez Family (July 22, 2005) at 1 (describing Carlos Hernandez as a “mean man”); Bruce Whitman’s Note on Interview with Eddie Schilling, Nephew of Carlos Hernandez (Aug. 8–9, 2004) at 1 (noting that he observed Carlos Hernandez “do crazy things including fighting, yelling, throwing things, slamming doors all of which frightened Eddie and his siblings”); Peso Chavez’s Notes on Interview with John Michael Schilling, Nephew Carlos Hernandez (Aug. 12, 2004) at 2 (“Mr. Schilling recalls that growing up everyone was afraid of [his uncle] Carlos [Hernandez]. He stated, ‘I just remember we were all afraid of him.’”); Peso Chavez’s Notes on Interview with Johnny Ybañez, Neighbor of Carlos Hernandez (Aug. 4, 2004) at 1 (“Once Carlos started drinking he got real dangerous and that’s when you had to stay away from him. I know this because I would drink with him—he bought me beer.”).p. 87 "'[We] were all afraid'…interviewed in person."Peso Chavez’s Notes on Interview with John Michael Schilling, Nephew Carlos Hernandez (Aug. 12, 2004) at 2.p. 87 "He 'talked shit.'"James S. Liebman’s Notes on Interview with Bill May, Corpus Christi Criminal Defense Lawyer and Former Assistant District Attorney (July 13, 2004) at 2 (“I was scared of him. Said shit that was totally incomprehensible. I was scared of him—dangerous, very dangerous.”).p. 87 "Their brother Javier was afraid of him, too…"Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 15:02:08.p. 87 "Javier once…younger brother in the leg."Peso Chavez’s Notes on Interview with John Michael Schilling, Nephew Carlos Hernandez (Aug. 12, 2004) at 1–2:Mr. Schilling was close to his uncle Javier and liked him but he was not fond of his uncle Carlos. His impression of Carlos Hernandez was that he was a “violent man.” He recalls on one occasion that Javier showed up at his mother’s home covered with blood. He told her that he and Carlos had been drinking and Carlos stabbed him in the leg with a knife. When his mother asked Javier why he allowed him to do that he stated, “Because he’s my brother.”
p. 87 "He also recalled…with a knife."Peso Chavez’s Notes on Interview with John Michael Schilling, Nephew Carlos Hernandez (Aug. 12, 2004) at 2:Mr. Schilling recalls that growing up everyone was afraid of [his uncle] Carlos [Hernandez]. He stated, “I just remember we were all afraid of him . . . . But the one thing I do remember was that he was always sharpening his buck knife”. . . . I asked Mr. Schilling if anyone in his family had ever talked about his uncle Carlos killing anyone. He stated, “I was never informed of any killings either by my mom or Carlos. I was really young and I don’t think they would have talked to me about that. However, I do recall my mother telling me that Carlos had carved an ‘X’ on someone’s back.”
p. 88 "He had…arrested Carlos several times."James S. Liebman’s Notes on Interview with Paul Rivera, Corpus Christi Police Detective (July 14, 2004) at 2; see Bruce Whitman’s Notes on Interview with Johnny Arsuaga, Cousin of Carlos Hernandez and John Arsuaga (Nov. 3, 2005) at 1:Johnny’s mother is sister to Fidela Hernandez making Johnny Carlos Hernandez’s cousin. Johnny is 44 years old and remembers Fidela and her family. Josephine visited Fidela when Fidela was living on Carrizo St. Johnny’s father refused to visit Fidela saying Fidela and her kids were crazy and bad. Johnny remembers Carlos Hernandez as follows: he was crazy, you could see it in his eyes; didn’t trust him; he had no respect for anyone; couldn’t fight with his fist; always carried a knife in a pouch on his belt; first went to prison when he was 17 years old.
Peso Chavez & James S. Liebman’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004) at 1:How [Gloria Sanchez] hooked up with CH [Carlos Hernandez]: Gloria got married, then was separated. Freddy (Schilling) was friend of her brother Johnny Longoria. GS [Gloria Sanchez] met [Carlos Hernandez’s sister] Paula thru [sic] Johnny; Paula introduced her to CH [Carlos Hernandez]. “My ex would come and Carlos Hernandez would hide in the bedroom.” Gloria’s daughter recently remembered him hiding their [sic] from her dad. Daughter also remembers Carlos had a crazy look in his eyes. Like guys at the carnivals. “Never nice.”
See also other sources cited supra note 93.p. 88 "Partly it was Hernandez's violent reputation."Pet. for Divorce, In The Matter of the Marriage of Rosa Anzaldua Hernandez and Carlos Hernandez, No. 83–5525-H (Nueces Cty. Ct., 347th Judicial Dist. Nov. 7, 1983) at 5 (citing Carlos Hernandez’s “violent and ungovernable temper”); Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 2, 4 (describing the “wide berth” people gave Carlos Hernandez “when he got angry”; “In a cantina, he was given leeway by people. The only people who would challenge him were looking for a fight. Cantina etiquette was to give him plenty of room.”); Peso Chavez’s Notes on Interview with Gilbert Limon, Acquaintance of Carlos Hernandez (Aug. 12, 2004) at 2 (recalling that Carlos Hernandez “was strange, especially when he was drunk. He always carried a ‘Buck Knife’. . . . [T]he guy just starts carving on his stomach with his knife.”); Peso Chavez’s Notes on Interview with John Michael Schilling, Nephew Carlos Hernandez (Aug. 12, 2004) at 1–2:Mr. Schilling was close to his uncle Javier and liked him but he was not fond of his uncle Carlos. His impression of Carlos Hernandez was that he was a “violent man.” He recalls on one occasion that Javier showed up at his mother’s home covered with blood. He told her that he and Carlos had been drinking and Carlos stabbed him in the leg with a knife. When his mother asked Javier why he allowed him to do that he stated, “Because he’s my brother.”
Peso Chavez’s Notes on Interview with Johnny Ybañez, Neighbor of Carlos Hernandez (Aug. 4, 2004) at 1 (“Once Carlos started drinking he got real dangerous and that’s when you had to stay away from him.”).p. 88 "'They didn't even want to start a conversation with him.'"Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi (Dec. 5, 2004) at 07:32:05–07:32:35 (“Q. Now did Carlos Hernandez drink? A. Yes, a lot. He drinked a lot. And he was kind of like very—When he was drunk, the world was his. The world was his. It was like everything in the neighborhood belonged to Carlos. We couldn’t say nothing.”); Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:34:55 (“Everybody around the neighborhood knew what Carlos was like. Nobody really wanted to mess with him. He’d come around, everybody would be real quiet. No one would say nothing. They didn’t even want to start a conversation with him.”).p. 88 "The guys playing pool gave up the table to Carlos."Transcribed Videotape Interview with Jon Kelly, Attorney for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:33:16 (“The men, when we were walking [into a bar], were rather boisterous around the pool table. When Carlos was seen it became very quiet. And, you know, you knew that something, that people were saying, ‘That’s Carlos Hernandez.’ I got that feeling.”); Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 2–4:People gave him [Carlos Hernandez] a wide berth. . . . [Hernandez was a] Tough guy. Mexican. Let it be known he was tough. Nobody bothered him. If he chose to play pool in a Cantina, people moved away. They let him play. Went drinking at a bar with Carlos. . . . [In] a cantina, he was given leeway by people. The only people who would challenge him were looking for a fight. Cantina etiquette was to give him plenty of room. . . . He could be frightening. I saw that. Someone he didn’t like, and vice versa; CH responded in kind. I knew it was time to leave. . . . I do remember in a cantina people saying, “you represent Carlos, he’s a bad guy.”
Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 8:A. I saw in the reaction to him by people [at the Cantina] that they gave him some berth.” Q. Which Cantina? A. It wasn’t an awful place. On Port a little further out. Wasn’t all cement bricks; had real tables and chairs; pool; people there appeared to know him. He asked where do you want to go. Carlos was with me; not frightening [for me to go]; clearly a cantina, not where lawyers would normally go, ever. Q. Why did you go? A. He [Carlos Hernandez] wanted me, too. Maybe he got me information. I offered him money for it. He said no, you’ll do m[e] a favor some time; buy me a beer. So he took me to the bar; I asked him where he wanted to go.
p. 88 "…with a touch of admiration."Transcribed Videotape Interview with Jon Kelly, Attorney for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) 06:33:16 (“The men, when we were walking [into a bar], were rather boisterous around the pool table. When Carlos was seen it became very quiet. And, you know, you knew . . . that people were saying, ‘That’s Carlos Hernandez.’ I got that feeling.”); Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 4 (“I do remember in a cantina people saying, ‘you represent Carlos, he’s a bad guy.’”).p. 88 "'I knew it was time to leave,' Kelly recalled."Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 4–5 (discussing a confrontation in a bar Kelly observed when he went there with Carlos Hernandez: “He [Carlos Hernandez] said, “I beat up his girlfriend” (explaining why someone was hostile to him in a cantina). . . . I remember the confrontation; fists, knives; menacing. I knew it was time to leave. I d[id]n’t know what would happen. Ugly things were said. He [Hernandez] wouldn’t back down usually.”; “He [Hernandez] could be frightening. I saw that. Someone he didn’t like, and vice versa; CH [Carlos Hernandez] responded in kind. I knew it was time to leave.”).p. 88 "'You could sense the evil.'"Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 5:Carlos was not liked. Why? I imagine because he was dangerous. He was not the prince of peace. I enjoyed dealing with him. I treated him with respect. He did things for me. Only problem was when he came around to my house and scared people, and I had to ask him to stay away. It wasn’t how he acted but how he looked. You could sense the evil. You felt like you couldn’t trust him. But he acted obsequious when he came to the house.
p. 88 "He'd observed up close…his sister Paula…"Peso Chavez & James S. Liebman’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004), at 1 (“Paula [Hernandez] and CH [Carlos Hernandez] were really close. . . . When GS [Gloria Sanchez] was going out with CH, Paula wanted me to stay with him.”); Bruce Whitman’s Notes on Interview with Eddie Schilling, Nephew of Carlos Hernandez (Aug. 8–9, 2004) at 2 (“[Carlos Hernandez] and Eddie’s mother Paula were ‘very close’ and [Carlos] was protective of Paula.”).p. 88 "Both Freddy…everyone but Carlos."p. 88 "He was untouchable, a cat with nine lives."Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi (Dec. 5, 2004) at 07:32:05 – 07:33:28:Q. Now did Carlos Hernandez drink? A. Yes, a lot. He drinked a lot. And he was kind of like very—When he was drunk, the world was his. The world was his. It was like everything in the neighborhood belonged to Carlos. We couldn’t say nothing. He was always very abusive. . . . Q. And how about when he was drunk. Would it change how he spoke about things? A. Yes it sure did. He said things he shouldn’t have said. Things that weren’t, that I felt we didn’t have to know. . . . Q. And what was his tone[;] why was he saying these things? A. Like he was very, like he was somebody big, somebody that people wouldn’t say nothing to him. That he could do things and people wouldn’t say nothing.
See infra Chapter 7 notes 200–203 and accompanying text [ca. n.199]. Carlos Hernandez was arrested multiple times after his release from prison in 1978—including for parole violations such as possessing a weapon—but never had his parole revoked. See, e.g., Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (July 29, 1978) at 1 (arresting Carlos Hernandez for public intoxication and for violating a weapons ordinance by carrying a fixed blade knife); Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Aug. 19, 1978) (arresting Carlos Hernandez for assault); Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Jan. 10, 1980) (arresting Carlos Hernandez for outstanding warrants); Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Oct. 26, 1981) at 1 (arresting Carlos Hernandez for threatening his girlfriend with a knife); Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, inCorpus Christi, Texas (Dec. 6, 2004) at 00:31:10–00:33:20 (“Carlos Hernandez was almost always assaulting women and assaulting guys. And his weapon of choice was a knife. He always had a knife on him. And most of the time it was cutting up people or hitting them with a beer bottle or something.”).p. 88 "'His sexual toy.'"Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:32:14.p. 88 "'That's the way he was.'"Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:32:14.p. 89 "Like other women…object of his abuse."Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1036 (testifying that Rosa is his girlfriend); Pet. for Divorce, In The Matter of the Marriage of Rosa Anzaldua Hernandez and Carlos Hernandez, No. 83–5525-H (Nueces Cty. Ct., 347th Judicial Dist. Nov. 7, 1983) at 2 (“The parties were married on or about May 5, 1982, and ceased to live together as husband and wife on or about October 7, 1983. The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.”).p. 89 "One night…scalding him badly."See Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:33:05 (“Her name was Rosa Anzaldua. God, man, I used to see her, one day she’d be real nice, the next day she’d be with a black eye and a busted lip. Till one day she just got tired of it. He came home from work, bitching about ‘What’s for dinner,’ and stuff like that. Rosa went in the kitchen and cooked something for him. She cooked some hot water, poured it on his ass. Burnt all over, all this, on him. Major burns.”); James S. Liebman’s Notes on Interview with Pricilla Jaramillo, Niece of Carlos Hernandez (Dec. 3, 2004) at 1 (describing incident in which Rosa poured hot water on Pricilla’s uncle Carlos Hernandez); Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 4 (“Rosa (LNU) was either married to Mr. Hernandez or lived together. They had a child from this relationship. According to Mr. Schilling, Rosa was so scared of Carlos that one day she poured boiling water on his chest. He was hospitalized for 3 months.”).p. 89 "Rosa left Carlos…after Wanda Lopez died."Pet. for Divorce, In The Matter of the Marriage of Rosa Anzaldua Hernandez and Carlos Hernandez, No. 83–5525-H (Nueces Cty. Ct., 347th Judicial Dist. Nov. 7, 1983) at 2 (“The parties were married on or about May 5, 1982, and ceased to live together as husband and wife on or about October 7, 1983.”).p. 89 "Before leaving…his own son Jesus."Compl., Texas v. Hernandez, No. 85806–2 (Nueces Cty. Ct. No. 2 Nov. 8, 1983):Carlos Hernandez did then and there unlawfully and knowingly cause bodily injury to Rosenda Anzaldua by holding an axe handle with both hands; by then and there pressing said axe handle against the chest of said Rosenda Anzaldua; and by then and there applying force to said axe handle as said axe handle was in contact with the chest of said Rosenda Anzaldua. . . . Carlos Hernandez damaged a window by breaking it out with a metal bar, which caused glass to fall on a child of Rosenda Anzaldua sleeping in a bed by the window; Carlos Hernandez threatened to kill both Rosenda Anzaldua and her three (3) children, ages 8, 6, and 2.
Social and Criminal History of Carlos Hernandez, Jr., Texas Department of Corrections, Huntsville, Tex., (Mar. 15, 1990) (“Marital History . . . X/WIFE Rosa (Lada) . . . SON Jesus Hernandez/1981/Same as MO”); see Miscellaneous Criminal Records of Carlos Hernandez (1980–1996) at 69–86 (containing the complete file on the criminal case against Hernandez based on his assault on Rosa Anzaldua, revealing, among other things, that the judge who presided over the case was Hector DePeña, Sr., father of Hector DePeña, Jr., who represented Carlos DeLuna at his trial for the murder of Wanda Lopez). see also Sita Sovin & Lauren Eskenazi’s Notes of Interview #2 with Fidela Hernandez, Mother of Carlos Hernandez (Sept. 15, 2004) at 5 (“Fidela heard that Carlos was married with Rosa, a woman in Alameda. Carlos had a son with her that looks like him.”); Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 4 (“Rosa (LNU) was either married to Mr. Hernandez or lived together. They had a child from this relationship.”).p. 89 "The next day…'violent and ungovernable temper.'"Pet. for Divorce, In The Matter of the Marriage of Rosa Anzaldua Hernandez and Carlos Hernandez, No. 83–5525-H (Nueces Cty. Ct., 347th Judicial Dist. Nov. 7, 1983) at 4–5 (“[Rosa] prays that the Court immediately grant a temporary restraining order . . . . [Carlos Hernandez] has a violent and ungovernable temper and is unpredictable, and [Rosa] has reason to be and is in fear of [Hernandez].”).p. 89 "…'he'd pull a knife out.'"Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:22:24. - p. 81 "Two miles south…arrested DeLuna."