p. 102 "On November 29…Dahlia Sauceda."
Paul Rivera, Corpus Christi Police Detective, Supplementary Report (Nov. 30, 1979) at 3 ("11–29–79. . . After obtaining the warrant . . . [I] went to 2522 Dunbar and executed [arrest] Warrant #1427 on suspect Jesus Z. Garza, a latin male, age 19 . . . .").
p. 102 "Pedro Olivarez…on her back."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Statement to Corpus Christi Police Dep't (Nov. 29, 1979) at 1, 4:
My name is Pedro Olivarez. I am 23 years old . . . . Jesse told Dahlia, "I am going to rape you and if you don't I'm going to beat the hell out of you." Then Jesse started taking off her pants, but Dahlia held her hand on the top of them. Jesse then hit her in the face knocking her down. Then Jesse pulled Dahlia's pants off and panties. Her pants she had on were blue jeans. Then Jesse pulled down his pants and started fucking her. Dahlia started screaming, and yelled, "Pete help me, his [sic] hitting me." Then Jesse went wild. He started hitting her all over, in the nose and all over her body. He just kept hitting her in the stomach till she stopped yelling. Then he got her blue jeans and wrapped the legs of the jeans around her neck and started choking her. I then turned around and left, because I didn't want to see what Jesse was doing to Dahlia. I closed the van door. I waited about thrity [sic] minutes. While outside I saw the van rocking side to side as I opened the door I saw Jesse kneeling over Dahlia. Dahlia was laying on her back naked. Jesse then turned Dahlia over and Dahlia was laying face down. Jesse got an old rusty kitchen knife that was laying on the bar table in the van. Jesse then went back to where Dahlia was lying and bent down and took the knife by the point and made a big 'X' on her back.
Dahlia Sauceda's first name is spelled differently in different documents, including as "Dalia" in Pedro Olivarez's statement quoted here. For the sake of consistency and readability, we have substituted the spelling "Dahlia" here and elsewhere, without indicating where different spellings were used in the original source.
p. 102 "Detectives also had…night of the killing."
Paul Rivera, Corpus Christi Police Detective, Supplementary Report (Nov. 30, 1979) at 2 ("At this time, reporting officer along with Sgt. Smith, and officer Ray De La Garza, asked the juvenile, Roger Fuentes, in the presence of Jesus Garza if Jesus Garza had been at home from 1:00 a.m. until 3:00 a.m. on 11–20–79, a Tuesday morning, and the juvenile, Roger Fuentes, stated that Jesus Garza and Pedro Olivarez had not been at home during those hours.").
p. 102 "This matched…her not long after that."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Statement to Corpus Christi Police Dep't (Nov. 29, 1979) at 3 ("Shortly after that Dahlia came back in her van and pulled up into the driveway. Dahlia asked Jesse if he would like to go cruising around, Jesse said yes. I asked Jesse if I could go and Jesse said yes. We drove around for awhile [and] around 1:30 a.m. we stopped at a Seven Eleven Store.").
p. 102 "The twenty-three-year-old…night there."
Bruce Whitman's Notes on Interview with Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda (Aug. 20, 2004, Mar. 1, 2005) at 1 ("Pedro Olivarez was a regular patron at the Casino Club in 1989. Pedro hung out there with his friends including Jesse Garza.").
p. 102 "He hung around…any of the young women."
Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:41:45 ("I'm not too sure if that [other] individual [Pedro Olivarez] was all there, mentally-wise. I think they stated that he wasn't capable, or didn't have the mentality of a 20 or 21 year old that he was.");
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 17:40:18 ("Olivare[z] was . . . mentally deficient.");
see also Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 69–70 (discussing the nature of his relationship with Dahlia Sauceda at the Casino Club).
p. 102 "He got a lot of attention from the women."
Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:52:43, 18:54:20 (recounting how Jesse Garza met Dahlia Sauceda when he was dressed in a "white, totally white, a white outfit"; noting that Jesse was "a good-looking kid");
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 ("Those guys were good-looking guys, and Jesse 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.");
Bruce Whitman's Notes on Interview with Jesse Garza, Defendant in Dahlia Sauceda Killing (Aug. 12, 2004) at 2 ("Jesse liked the ladies, he liked to dance and hang out with his friends including Pedro Olivarez.");
Bruce Whitman's Notes on Interview with Yolanda Ortiz, Owner of Casino Club (Sept. 21, 2004) at 2 (describing Jesse Garza as a regular at the Casino Club and as "a little guy who thought he was bad").
p. 102 "If there was any…to represent them."
Application by Court Appointed Defense Counsel for Compensation, Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1 ("Defendant is indigent and [Albert Peña] has been appointed by this Court to represent the Defendant.");
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 17:40:00 ("I was [Jesse Garza's] defense lawyer, I was appointed by the court.").
p. 102 "The case…defense lawyers in Corpus Christi."
Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 19:38:35 ("So I think that if Mr. Peña had not been the attorney on the case, and, obviously, if I hadn't been the investigator on the case—but I went through his guidance—I think that Jesse, obviously, there's no doubt in my mind, he would have at least served 10, 15 years and been placed on probation, and possibly even been killed because of what he was accused of doing and the kind of family that Dahlia Sauceda had.").
p. 103 "Describing the challenges…with the crime."
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 17:42:10–17:43:40 ("My client [Jesse Garza] insisted that he was innocent.").
p. 103 "Police had pictures…dents in the wall."
Crime Scene Photograph P1010001, Corpus Christi Police Dep't (Unknown Date) (showing injuries to knuckles caused by punching the wall);
Crime Scene Photograph P1010004, Corpus Christi Police Dep't (Unknown Date) (showing damage to the wall where Garza punched it);
James R. Peters, Corpus Christi Ranger, Progress Report in Dahlia Sauceda Investigation (Nov. 20, 1979) at 1 ("Both of [Jesse Garza's] hands were lacerated on the knuckle area. There was a dented area in the acoustical tile with blood on it on the wall of the Interrogation Room. When subject was asked what happened to his hand, subject stated that he had gotten mad and had beat the wall with his fists because he had been accused of murdering Dahlia.");
infra Figure 7.1 (showing Garza's injured hands and the damaged wall).
p. 103 "But as…be telling the truth."
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 17:43:40:
We went up there shaking the bushes. In the van, the physical evidence that was there that did not point to my client was that there was a can of beer. And I believe it was Budweiser [sic, Schlitz], but I'm not sure. There were some fingerprints on this can of beer. And there was also some J.C. Penney boxer shorts of a certain design, 36 [sic, 34] inch waistline. So that led me to conclude that whoever left that there could have been the one that did it, because why would you leave so rapidly and leave your shorts behind? And my client was a very thin individual, those boxer shorts wouldn't have stayed up more than two seconds . . . . We went and talked to various people, to find out that Dahlia Sauceda had been dating Carlos Hernandez, the one we ultimately believed, and still believe—and I think it has been pretty much proven—that he was the one that actually committed the homicide.
p. 103 "To begin with…135-pound Garza."
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 17:43:40–17:43:40 ("And there was also some J.C. Penney boxer shorts of a certain design, 36 [sic, 34] inch waistline. So that led me to conclude that whoever left that there could have been the one that did it, because why would you leave so rapidly and leave your shorts behind? And my client was a very thin individual, those boxer shorts wouldn't have stayed up more than two seconds.");
see Corpus Christi Police Dep't, Interrogation Report on Jesus Zaragosa Garza, Jr. (Nov. 28, 1979) (listing Jesse Garza's height as 5'4" and his weight as 135 pounds);
Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 820–23 (comparing underwear taken from the van where Sauceda was murdered and from Carlos Hernandez and noting that they "match closely"—they were both size thirty-four, J.C. Penney's brand, and with cleaning instructions to machine wash and hot tumble dry);
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 146 ("Jesse [Garza] never wears [under]shorts . . . . Not inside a van. I didn't see him wear shorts in the van when I saw him . . . [take] his pants off.").
p. 103 "Although recognizing the…claim of innocence."
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 17:42:10, 18:14:08 ("My client insisted that he was innocent. So we began investigating the case."; "I was trying to get the case dismissed against my client, and I had to reveal, of course, why. And that was, that Carlos Hernandez's fingerprints had been found on the beer can that was found in Dahlia Sauceda's van. And also, he was wearing the same kind of boxer shorts, size 36 [sic, 34], which had been left behind, indicative of somebody trying to get away quick.").
p. 103 "His uncle…help out for free."
Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:35:27–18:37:03 ("I retired on December 31st, 2004 as a senior field investigator in the fraud unit with Liberty Mutual Insurance. I worked the Southeast part of the state of Texas, and I was based out of San Antonio, Texas. I lived there while working for Liberty Mutual and I also lived in this area also. I had worked on the plaintiff's side of work, investigations, and I've worked on the insurance side of investigations. And I've done criminal work also, for different lawyers here in Corpus Christi.");
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 17:42:10–17:43:40 ("But in any event, I was assisted by Eddie Cruz, who was a—his background was he was an insurance adjuster. He was also Jesse's uncle. So he assisted me in investigating the case. It was a very thorough investigation.").
p. 103 "She'd dated…his sister Paula."
Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 944, 973 ("Q. How long had you known [Dahlia] Sauceda? A. Nine months, let's say."; "Q. So did you have sexual intercourse with her? A. Yes, sir, I did. . . . About ten to fifteen minutes.");
Freddy Schilling, Brother-in-Law of Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 871 ("A. [I]f [Carlos Hernandez is] drinking, he's always bringing up something, you know, about the past, that I did this to his sister. . . . Q. [T]hat you were going out with Dahlia? . . . And also that you had gone off to Houston with Dahlia? A. Yes, sir. Not exactly because I had gone off with Dahlia; because I mess around and stuff like that.");
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 17:43:40–17:47:09:
So that led us into the clique, the so-called group that would hang out together a lot [around Carlos Hernandez]. We went and talked to various people, to find out that Dahlia Sauceda had been dating Carlos Hernandez, the one we ultimately believed, and still believe—and I think it has been pretty much proven—that he was the one that actually committed the homicide. That he had been upset with Dahlia because Dahlia had been dating his brother-in-law. I can't remember the first name but it was Schilling, was the last name. He had a grudge for her. . . . But then the more and more we got into it, seemed like this Carlos Hernandez really had this real hot grudge. Several people said that he was very disgusted and angry that his sister was being abused, in the sense that her husband not only beat her up but also was going out on her.
Sita Sovin & Lauren Eskenazi's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Sept. 16, 2004) at 3 ("Carlos [Hernandez] admitted [to his family] that he was sexually involved with Dahlia Saucedo.").
p. 103 "Cruz already had…Cruz's routes."
Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:41:45–18:43:37 ("Anyway, I got involved in the case. Albert Peña gave me instructions on what he needed me to do. He said, 'I need you to get out there. No limit on time.' So I pledged to him that I would get out there. . . . It went on and on, and we built the case. The attorney, Albert Peña, would instruct me to go penetrate this little gang [around Hernandez].").
p. 103 "Cruz occasionally…had a smoke."
Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:41:45:
I mentioned earlier in my statement that I was a newspaper distributor. It so happens that—it was a 24/7 store located on Alameda and Dodd. It's a Maverick Market store. It was a 24/7 store, there weren't too many back then, stores that were open 24/7, but that was one of them. The store manager, or store clerk, or whatever they called them, happened to be Carlos Hernandez. So the fact that sometimes I had to deliver—I had guys that delivered papers for me, high school kids, and then whenever they didn't show up I had to make the newspaper deliveries that morning. So I knew Carlos Hernandez.
Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 19:11:29–19:11:54:
[C]arlos Hernandez was the top individual . . . I think that if Carlos Hernandez were to ask one of the guys—"go get this guy, he's a [inaudible Spanish word] or whatever . . . I think that the other guys would go out . . . . Cause on several occasions I'd see them at the store, and he'd tell them to go do this. Then I'd go inside and put the newspapers on the newspaper rack. And when I'd come back, those guys would be gone. You could see all the cigarette butts on the ground there, that they'd been smoking. They'd been there for a while, and all of a sudden he tells them to leave.
p. 103 "In the meantime…learned to Paula."
Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:43:37:
Because Carlos Hernandez would, every time we'd go there to deliver papers at three or four in the morning, he'd have a bunch of guys there, hanging around, smoking cigarettes and what not out in front of the store. Of course, they knew me as the newspaper man, and they'd talk with me, I'd be able to rap with them and what not. I got into this group to where they knew me a little bit better. And eventually I was able to go to Carlos Hernandez's apartment on Louisiana and one of those streets off Louisiana, towards Six Points area. I was able to go over there at night, around two in the morning. I'd make a point to be there. They have beer, and they'd pull out a joint or two. They had all kinds of things. And they also had women, girlfriends. Hernandez had girlfriends that would go visit with him. So then I got to be one of the guys in their group. Not a member, but one of the guys that was accepted into being there. And they would introduce me as the newspaper guy. So I report to Peña the next day and tell him what was going on.
p. 104 "He spoke to Paul…on the case."
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 17:46:04 ("So I decided to talk to the investigating officer. There were two of them, and I talked to Sergeant Paul Rivera. And I told him. I'd never met Mr. Rivera, but he was very, very cooperative. I told him, look, I have reason to believe its [sic] Carlos Hernandez. Of course, I didn't have proof, but I had reason to believe that he may have done the murder.").
p. 104 "Olivarez was clueless about where the van had gone."
See Paul Rivera, Corpus Christi Police Detective, Supplementary Report (July 16, 1986) at 2 ("Sgt. Paul Rivera and Sgt. Ray De La Garza took Pete Olivarez in an unmarked unit and when asked to take us to the crime scene, he was not able to find the crime scene where Dahlia Sauced[o]'s van was found.");
James S. Liebman's Notes on Interview with Paul Rivera, Corpus Christi Police Sergeant (July 14, 2004) at 1:
Jesse Garza—was innocent. We picked up Garza on Olivarez's statement; he was completely innocent. Pete Olivarez—mental disorder; confessed because of that. Had nothing to do with murder. Not involved in any way. He made up a story. Detective Sidney Smith—Put too much pressure on Olivarez during polygraph. Olivarez then confessed and gave the statement. Detective said what he (cop) knew about it, not Olivarez, and O[livarez] agreed. . . . [Rivera] [p]ut him in police car and told him to take him to where the lady [Sauceda] was killed. [He] didn't know where to go. Rivera asked [him] what the problem was and [he] said he didn't know. Rivera thinks the kid maybe made it up. Rivera asked him if he was making it up and [Olivarez] said yes; that the other detective scared him. Drove rear and still didn't know.
p. 104 "Sure enough…van matched Hernandez's."
Charles Parker, Corpus Christi Police Fingerprint Analyst, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 603 ("Q. Did you then on December 10 compare the latent prints with known fingerprints of Carlos Hernandez? A. Yes, sir I did. . . . This particular latent card is matched with Carlos Hernandez and the latent print itself was taken off a Schlitz beer can which was—the print was lifted by Officer Sarah Cooks.").
p. 104 "That same day…him in for questioning."
Paul Rivera, Corpus Christi Police Detective, Supplementary Report (Dec. 14, 1979) at 1:
Upon talking to Carlos Hernandez, we told him that we needed to talk to him [in] reference [to] the Homicide involving [Dahlia] Sauceda. We asked him if he would accompany us to the police station. At which time he agreed to come to the station with us voluntarily. Immediately after this conversation took place reporting officer told Carlos Hernandez that he was also suspected as being involved in the above Homicide and read him his Constitutional Rights. Upon arriving at the station he was taken to an interview room . . . at which time, he acknowledged understanding and signed the card. It was witnessed by this officer and Officer Ray De La Garza and dated 12–10–79.
p. 104 "At the time…in Carlos's pocket."
Kenneth Botary, Prosecutor at Trial of Jesse Garza and at Trial of Carlos DeLuna, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1209 ("Q. And I told you that after having listened to that tape, I had reason to believe there was a knife in existence that had been taken from Carlos Hernandez? A. That's true. Q. And this was after the trial started? A. Yes, sir. Q. And then I asked you at that time if you knew anything about it and you told me that you didn't, is that correct? A. That is correct.");
Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 815–16 (Q. And as far as you knew, [Carlos Hernandez's] knife was brought to court yesterday by Sergeant Rivera, turned over to the bailiff who turned it over to me? A. I know that Sergeant Rivera brought it here . . . .");
Carlos Hernandez, Suspect in Murder of Dahlia Sauceda and Other Killings, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 942–45 ("Q. [Did you] have a knife on you when Paul Rivera picked you up. A. Yes. . . . Q. What kind of knife was it? A. It was what they call a locked blade. . . . I think [the blade] was like this, not over four fingers [in length], just a little bit.").
p. 104 "The plaid undershorts…color, and size."
Kenneth Botary, Prosecutor at Trial of Jesse Garza and at Trial of Carlos DeLuna, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1218 ("I may be wrong, but I feel certain that I had known that [Detective] Rivera had gotten a pair of shorts [from Hernandez]. He told me during the conversation, I think is what it was.");
Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 824–25:
Q. And who investigated Carlos Hernandez?
A. Sergeant Rivera.
Q. Does that explain why Sergeant Rivera was in possession of the knife and the shorts, Defendant's Exhibit 6 and the knife, Defendant's Exhibit 4; would that be a reasonable explanation of why he was in possession of them?
A. Yes, sir.
Q. But in any event, that still doesn't change the fact that you should have been notified that he had that evidence?
A. Yes, sir, I should have been notified.
Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 824–25, 820–23 (comparing underwear taken from the van where Sauceda was murdered and from Carlos Hernandez and noting that they "match closely"—they were both size thirty-four, J.C. Penney's brand, and with cleaning instructions to machine wash and hot tumble dry);
Carlos Hernandez, Suspect in Murder of Dahlia Sauceda and Other Killings, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1010 ("Q. Did [Detective] Paul [Rivera] ask you for a pair of your undershorts? A. Yes, sir. Q. Did you bring a pair or did he go to your house and pick them up? A. When he went to pick me up, he asked me for a pair. Q. Did you give him a pair? A. Yes, sir.");
Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:49:04–03:50:30 (Q. Do you know what size clothes he [Carlos Hernandez] would wear? A. I think he wore a size 36, pants. 34, 36. We had given him some for Christmas before.").
p. 104 "Instead, Rivera asked…the night she was killed."
Paul Rivera, Corpus Christi Police Detective, Supplementary Report (July 16, 1986) at 1 ("Carlos Hernandez, when first interviewed by this officer on 12–14–79, lied to this officer as to the length of time in which he knew Dahlia Saucedo.").
p. 104 "He hadn't seen…Yolanda Rodriguez the whole night."
Paul Rivera, Corpus Christi Police Detective, Supplementary Report (Dec. 14, 1979) (quoting interrogation of Carlos Hernandez: "Q. When was the last time you saw Dahlia? [A. by Carlos Hernandez]: About three months ago at my house when she went to pick up $5.00. . . . Q. Where were you the night when Dahlia Sauceda was killed? [Hernandez]: I was with a female friend, Yolanda Rodriguez, stayed at her house. I don't know where she lives.").
p. 104 "Hernandez admitted these…back to prison."
Carlos Hernandez, Suspect in Murder of Dahlia Sauceda and Other Killings, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1048, 1051:
Q. Now you said that you were afraid of going back to the penitentiary and you felt like that gave you the right to lie to the police, is that correct?
A. Yes, sir. . . .
Q. Are you still afraid of going back to the penitentiary?
A. Yes, sir, I am. . . .
Q. And you don't remember that you asked Mr. Botary and you told him about it, you said: "Look, I got some problems. I've had these two things pending against me. I'm out on bond. If they ask me, can I lie about them?"
A. I didn't ask him if I could lie about them.
Q. You didn't?
A. No, sir.
Q. But you did remember that Mr. Botary told you: "Don't lie about it."
A. Yes, sir.
Q. I wonder why he'd tell you that if you didn't ask him "Could I lie about it," or "Can I lie about it?"
A. (No response.)
See Carlos Hernandez, Suspect in Murder of Dahlia Sauceda and Other Killings, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 947–50 (admitting that he initially told Detective Rivera that he had not seen Dahlia on the night she was killed, even though he had seen her that night: "Q. Why didn't you want the police to know that you had seen her? A. At the time, I didn't want to get involved."); Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1007:
Q. Okay, my question is were you or were you not trying to hide the fact that you were with [Dahlia Sauceda] that night to Paul Rivera when he was interrogating you?
A. Yes, sir.
Q. You were trying to deny it?
A. Yes, sir.
Q. Well, were you trying to deny it because you knew you were with her and you just tried to hide that fact?
A. No, sir.
Q. Well, I don't understand [why Hernandez lied to Detective Rivera]. Why don't you explain it to me? A. I was scared at the moment, frightened for what happened, the trouble she's caused since I was on parole and still on parole, and I was frightened anything could happen to me.
Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1007–08 ("Q. Well, did you tell Paul Rivera that you were with a friend by the name of Yoland [sic] Rodriguez that night? A. Yes, sir. Q. Were you, in fact, with Yolanda Rodriguez? A. No, sir. Q. Why did you tell him that? A. I couldn't think of anything else, sir.").
p. 104 "Carlos's story was…examination later on."
Edwin DeSha, Jr., Texas Dep't of Public Safety, Polygraph Report of Carlos Hernandez (Dec. 11, 1979) (reporting that the polygraph test results were inconclusive; "Evaluation of this subject's polygrams were professionally impossible due to the inconsistency of the responses that were noted. It was suggested by this examiner that the subject be returned to this office at a later date for re-examination."; identifying deceptive answers in response to: "DYK [do you know] who killed Dahlia; DYK the person that killed Dahlia; did you hit Dahlia that nite [sic]; were you with the person that killed Dahlia; DYK Jesse Garza; Did you kill Dahlia.");
Paul Rivera, Corpus Christi Police Detective, Supplementary Report (December 14, 1979) at 2 ("Reporting officer then made arrangements with Eddie De Shea the DPS polygraph examiner to give subject, Carlos Hernandez a polygraph examination. Reporting officers went to the DPS building and Mr. Eddie De Shea gave subject two polygraph tests and according to Mr. Eddie De Shea the results were inconclusive.").
p. 105 "He had been…everyone knew it."
Paul Rivera, Corpus Christi Police Sergeant, Supplementary Report (Dec. 14, 1979) at 1 (noting that Carlos Hernandez's fingerprints were on a Schlitz beer can found in the van, but when asked to disclose the last time he had seen Dahlia, Carlos replied he had not seen her for three months).
p. 105 "He reminded her…last time he was there."
p. 105 "Ever the practical…Dahlia earlier."
Carlos Hernandez, Suspect in Murder of Dahlia Sauceda and Other Killings, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 949–50:
Q. And again I'm going to ask you, you didn't tell your mother on the telephone: 'I don't remember if I saw her. They tell me that the fingerprints were found, but I don't remember seeing her.
A. At the time I didn't remember, sir.
Q. Oh, now you want to change? You did tell your mother you didn't remember [what happened when he (Hernandez) was with Dahlia the night she was killed]?
A. I didn't. I told her I didn't remember.
Q. That you didn't remember?
A. That I didn't remember.
Q. That's when your mother suggested to you: "Well, tell the police that you saw her earlier. Tell them that you saw her earlier." Your mother told you that?
A. This year earlier.
Q. But your mother told you to tell them that, didn't she?
A. Yes, sir.
Q. You remember that?
A. Yes, sir.
Q. And that's before you told the police: "Yes, I saw her, but I saw her much earlier than the incident."
A. Yes, sir.
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 17:48:50–17:50:33 ("Because on that tape recording was a tape recording that Carlos Hernandez had made at the jail. He called his mother. And in that conversation he tells his mother, 'They've got me down here, they say I killed Dahlia.' And she asks, 'Well, did you?' 'I don't know, I was so out of it, I don't know what I did. I saw her that night, but I don't remember.' And that was dynamite. He didn't even remember whether he did it or not.").
p. 105 "When Rivera…his undershorts behind."
Paul Rivera, Corpus Christi Police Sergeant, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1238, 1246 ("Q. And did [Hernandez] tell you those were his shorts, the ones found in the van? A. Yes. Q. And did he tell you why it was that he left his shorts in the van? A. He said he just forgot them."; "Q. Is that when [Hernandez] turned around [changed his initial story] and gave you this statement? A. When I told him about the fingerprints, he started getting kind of shaky. He told me that he had been involved sexually with Dahlia [that night].");
see Carlos Hernandez, Suspect in Murder of Dahlia Sauceda and Other Killings, Statement to Corpus Christi Police Dep't (Dec. 10, 1979) at 1 (quoted infra notes 34–35).
p. 105 "When he got in…Tancahua Street."
Carlos Hernandez, Suspect in Murder of Dahlia Sauceda and Other Killings, Statement to Corpus Christi Police Dep't (Dec. 10, 1979) at 1:
On a Monday, 11–19–79 sometime around 10:00PM, I had gone to the 7–11 Store at Staples & Mary to talk to the lady who works there and I wound up buying a six pack of Schlitz Beer. Coming out of the store I saw Dahlia Sauceda in her van parked at the parking lot, she was holding her baby girl on her lap. Dahlia asked me where I was going and I told her that I was going home. She gave me a ride home but before she took me home we went cruising for a little while. Dahlia dro [sic] to Tancahua Street and parked at a driveway next to the Old Apache Bar on Tancahua Street. We had already talked about having sex and Dahlia took all her clothes off and I took all my clothes off too. We had sexual intercourse for about 15–20 minutes. After we finished she put her clothes on and I also put my clothes on except for my underwear which I left in Dahlia's Van. Dahlia was wearing a small type blouse and blue jeans. The shorts I left in the van were boxer type shorts and I don't remember what color or brand they were. After having intercourse Dahlia took me home at 217 Carrizo Street.
p. 105 "It was around midnight."
Carlos Hernandez, Suspect in Murder of Dahlia Sauceda and Other Killings, Statement to Corpus Christi Police Dep't (Dec. 10, 1979) at 1 ("Sometime around 11:40PM I walked to the 7–11 Store on Staples and Mary to buy another six pack of Schlitz Beer. Coming out of the store I saw Dahlia again parked outside in her van. She was with her little baby girl . . . Dahlia offered me a ride to my house. I got in the van and she drove me straight to my house, [sic] This about 12:00Midn [sic]. She left me at the my [sic] house. She didn't say where she was going. That is the last time I saw Dahlia. [sic]").
p. 105 "Again…'inconsistence of ther esponses.'"
Edwin DeSha, Jr., Texas Dep't of Public Safety, Polygraph Report of Carlos Hernandez (Dec. 11, 1979) (noting the test results were inconclusive: "Evaluation of this subject's polygrams were professionally impossible due to the inconsistency of the responses that were noted. It was suggested by this examiner that the subject be returned to this office at a later date for re-examination."; identifying deceptive answers in response to: "DYK [do you know] who killed Dahlia; DYK the person that killed Dahlia; did you hit Dahlia that nite [sic]; were you with the person that killed Dahlia; DYK Jesse Garza; Did you kill Dahlia.").
p. 106 "When the private investigators…friends that he did."
Bruce Whitman's Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 5 (reporting that, according to Fidela Hernandez, "Carlos Hernandez confessed [to Fidela] that he had murdered Dahlia Sauced[a] in 1979");
Bruce Whitman's Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Sept. 23–24 and 27, 2004) at 4 ("On one occasion, when Janie and Fidela were getting ready to go out, Fidela confided to Janie that: 'When he was drinking he told me "we" killed somebody. Carlos always said "we" [to refer to himself].' This conversation took place after [July 1979 when] Carlos Hernandez and Margie broke off their relationship.");
Bruce Whitman's Notes on Interview with Fidela Hernandez, Mother of Carlos Hernandez (Aug. 7, 2004) at 2 ("'I will not say my son did not do it [kill Dahlia Sauceda] I was not with him that night.'");
Sita Sovin & Lauren Eskenazi's Notes on Interview with Beatriz Castro, Neighbor of Fidela Hernandez (Oct. 23, 2004) at 5 ( "Fidela told Beatriz that while she believed CH killed Dahlia Salceda [sic], she would never tell anyone . . . .").
p. 106 "Fidela did tell…him off the second time."
Bruce Whitman's Notes on Interview with Fidela Hernandez, Mother of Carlos Hernandez (Aug. 7, 2004) at 2 ("Ch [Carlos Hernandez] returned home at 4:30 a.m. the next morning [after Dahlia Sauceda was killed]. Fh [Fidela Hernandez] was asleep but woke up when ch returned and asked him if he was going to go to work that day and ch told fh no he had a hang over. The next day the police came to the house and arrested ch and said they had found ch's underwear in ds's [Dahlia Sauceda's] van . . . .").
p. 106 "…had been found in the van…"
Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 364 ("Q. But you do remember there was a Schlitz can in there? A. Yes, sir. Q. And you do remember that the fingerprint was lifted off that? A. I was informed it was. Q. Now aside from the fingerprint lifted or was there more than one print lifted? A. To the best of my information, one print was lifted off the beer can.").
p. 106 "…Hernandez's shifting statements…"
Tamara Theiss's Notes on Interview with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases (Feb. 27. 2005) at 2 ("I remember that Carlos Hernandez was also questioned, along with Olivarez and Garza, and that all three men were given polygraph exams").
p. 106 "But she never brought him in for questioning."
Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 813–814, ("Q. After listening to that tape-recorded conversation [between Hernandez and his mother], did you not feel like there might be a knife? A. To be very frank, I didn't pay that close attention to the tape . . . Q. Have you ever talked to Carlos Hernandez? A. No, sir, I personally have not.").
p. 106 "Botary let him…transcript of the interview."
Carlos Hernandez, Suspect in Murder of Dahlia Sauceda and Other Killings, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1049, 1051:
Q. Now when you came in to talk with Mr. Botary, did you have a tape recorder with you?
A. Yes, sir, I did.
Q. In other words, you wanted to tape record questions that he asked and the responses that you gave?
A. Yes, sir.
Q. Did you have a list of questions with you?
A. Yes, sir, I did . . .
Q. And you don't remember that you asked Mr. Botary and you told him about it, you said: "Look, I got some problems. I've had these two things pending against me. I'm out on bond. If they ask me, can I lie about them?"
A. I didn't ask him if I could lie about them.
Q. You didn't?
A. No, sir.
Q. But you did remember that Mr. Botary told you: "Don't lie about it."
A. Yes, sir.
Q. I wonder why he'd tell you that if you didn't ask him "Could I lie about it," or "Can I lie about it?"
A. (No response.)
p. 106 "There were references…contents are unknown."
Carlos Hernandez, Suspect in Murder of Dahlia Sauceda and Other Killings, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1048–1049.("Q. Yesterday after I spoken to you, I was able to read a transcript of a conversation you had with Mr. Botary on January 7, 1980 . . . do you remember coming down and speaking with Mr. Botary? A. Yes, sir I do.").
p. 106 "Police and prosecutors…he said later."
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 17:58:08–17:59:26 ("And it's very difficult for the police mentality to admit error. How do you explain to the public that they messed up?—Police will not admit that they did wrong. They will not. Very rarely you'll have some innocent or some truthful guy admit that he made a mistake. But normally they—You can show them anything, in black and white, on video, and they will deny it, that 'We're right and you're wrong.' That is the mentality of the police department then and now.").
p. 106 "People wanted quick action."
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 17:47:09–17:48:50 ("[T]hey don't want to mess up a case that's too tidy. And it happened that Lieutenant Malcolm Pace had just been made the chief of homicide, and he wanted an arrest quickly, because he didn't want his first homicide to go unsolved. So they picked up Jesse pretty quick, without continuing the investigation.");
Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:40:07–18:41:45 ("Back then, I don't think we had a war going on. We didn't have anything going in the community worthy of front-page coverage. So this thing that happened was a perfect thing to put on the front page. So day after day after day the community was demanding that they find the murderers of this young lady, Dahlia Sauceda. So apparently the police department was very active, heavy on trying to get the murder solved.");
Jay Jordan, Nude Woman Found Dead in Van, Corpus Christi Caller-Times, Nov. 21, 1979;
Jay Jordan, Man Being Held in Beating Death, Corpus Christi Caller-Times, Nov. 30, 1979;
Christy Hoppe, County Grand Jury Indicts Man for Beating Death of Woman, Corpus Christi Caller-Times, Dec. [date unknown] 1979.
p. 106 "Escobedo and Botary…investigation drag on."
See Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 17:58:08–17:59:26 ("And it's very difficult for the police mentality to admit error. How do you explain to the public that they messed up?—Police will not admit that they did wrong. They will not. Very rarely you'll have some innocent or some truthful guy admit that he made a mistake. But normally they—You can show them anything, in black and white, on video, and they will deny it, that 'We're right and you're wrong.' That is the mentality of the police department then and now.");
see also Tamara Theiss's Notes on Interview with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases (Feb. 27. 2005) at 2 ("That [Dahlia Sauceda] case was a terrible case because of the way that Ms. Sauceda had been cut, and that the little girl had been in the van with her. I remember that there was a lot of news about that case because of Ms. Sauceda's injuries and the little girl being in the van.").
p. 106 "…slightly goofy-looking…"
See Corpus Christi Police Dep't, Interrogation Report on Pedro Olivarez, Jr. (Nov. 29, 1979) at 1 (listing Olivarez as 5'4", 145 lbs.).
p. 106 "…never finished high school…"
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 79 ("Court: While we're waiting, how far did you go in school? A. Twelfth grade and then I quit.").
p. 106 "…trouble expressing himself in English."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 78 ("Q. Would it be better for me to speak through a court interpreter in Spanish? Do you think you would understand better or not? Have you understood what I am talking about so far? A. I think you better talk in Spanish.").
p. 106 "Some people said he was slow-witted."
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, at 17:40:18 ("Pete Olivares [sic] was a young man who was . . . mentally deficient.");
Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:41:45–18:43:37 ("I'm not too sure if that [other] individual [Pedro Olivarez] was all there, mentally-wise. I think they stated that he wasn't capable, or didn't have the mentality of a 20 or 21 year old that he was");
James S. Liebman's Notes on Interview with Ruben Rivera, Nueces County Deputy Constable (July 14, 2004) at 1 (similar).
p. 108 "Only after being interrogated…Garza did it."
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 17:59:52–18:00:25 ("They had [Olivarez] terrified. And as long as the Reverend [Sgt. Smith] would not allow Pedro to change his testimony, Pedro Olivares [sic] was going to be consistent in what he was saying.");
James S. Liebman's Notes on Interview with Paul Rivera, Corpus Christi Police Detective (July 14, 2004) at 1 (stating that Smith applied too much pressure to Olivarez during the interrogation);
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 208 (stating that he was questioned by Sgt. Sidney Smith);
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 209:
Q. And then the next day [when the police] picked you up in the morning and this was on Thursday?
A. Yes, sir.
Q. And you didn't say anything about Jesse until about 5:30 in the afternoon, right?
A. Yes, sir.
Q. And they had talked to you all day long.
A. Yes, sir.
Q. Had they given you anything to eat in the day?
A. No, sir. . . .
Q. Now by the time 5:30 rolls around, they had already told you that you were charged with murder; didn't they tell you that?
A. Yes, sir.
Q. They told you that you were under arrest and charged with murder?
A. Yes, sir.
Q. And they told you that Jesse was blaming you?
A. Yes, sir.
Sidney L. Smith, Corpus Christi Police Detective in Dahlia Sauceda Case, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 447 ("Q. Now as far as you know, since you first saw him [Olivarez] at about 11:00 in the morning, was he in police custody or was a police officer or officers with him all during the time? A. Yes, sir, he was. Q. Now I believe you were asked on direct examination by Mr. Botary that aside from his statement, there was no physical evidence or any evidence of any kind that was found there at the scene that connected Pete Olivarez to the murder? A. That is correct.");
infra notes 221–230 and accompanying text (discussing Olivarez's explanation of the story he gave and Officer Paul Rivera's confirmation that Sgt. Smith pressured Olivarez).
p. 108 "They called him…to bare his soul."
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:00:50–18:01:08 ("[Sergeant Sidney Smith was called the Reverend because] in a case preceding the Jesse Garza case, it was common knowledge that he had gotten the defendant and had posed as a minister, and had gotten a confession from him. That confession was good for the soul, that type of thing.");
James S. Liebman's Notes on Interview with Paul Rivera, Corpus Christi Police Detective, at 1 (July 14, 2004) ("Detective Sidney Smith—Put too much pressure on Olivarez during polygraph. Olivarez then confessed and gave the statement. Detective said what he (cop) knew about it, not Olivarez, and O[livarez] agreed.").
p. 108 "Pena took…a court stenographer."
Kenneth Botary, Prosecutor at Trial of Jesse Garza and at Trial of Carlos DeLuna, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1227–28 ("Mr. Pena, I've been trying to remember that ever since you've been asking Pete [Olivarez] these questions. He did come into my office. You did say: 'Pete, now tell Mr. Botary what you told me a few minutes ago,' and the best I can recall is him saying Jesse didn't do it. Q. That's all you remember? A. No, he did say something about his father—about his father telling him to tell the truth, but I don't recall his father said the truth was Jesse didn't do this, but I do remember him saying something about his father tell him to tell the truth.");
Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:59:43:
And the court reporter for that court was walking right in front of us, steps away from us, when this young fellow [Pedro Olivarez] approached us and told Mr. Peña that he knows who killed Dahlia Sauceda. And Mr. Peña said to him, "Hold on just a second." He calls the court reporter in our trial, calls her over, and he tells Peña that Carlos Hernandez had killed Dahlia Sauceda. Immediately, we forgot about going [to] lunch. The court reporter . . . I can't remember the young fellow's name. . . . So we didn't go to lunch. We took him [Olivarez] up to the judge's chambers. I think they called the district attorney's office representative to be there. And he made that statement.
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 17:54:05 ("And he [Olivarez] had told me that his mother had told him to tell the truth, that it wasn't fair for Jesse to go to the penitentiary for something he didn't do. And the Reverend [Sgt. Sidney Smith] got him [Olivarez] back on the straight and narrow, and he went back up there, said, 'I don't remember talking to you,' [i.e., to Albert Peña]. But by that point there was enough holes poked in the case.").
p. 108 "The prosecutor…Garza killed Sauceda."
Kenneth Botary, Prosecutor at Trial of Jesse Garza and at Trial of Carlos DeLuna, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1230 ("Sidney Smith was there—I don't know if [Detective] Paul Rivera was there. I think he was there, [Chief of Homicide] Malcolm Pace was there. I know that Smith and Pace were there. . . . I wasn't in the office when they were talking to him. I was back up here in the courtroom telling the Judge that I need an extra twenty minutes or extra fifteen minutes to get this thing cleared up and decide if I wanted to proceed or if I wanted to go ahead and dismiss.");
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, at 17:54:05 ("And he [Olivarez] had told me that his mother had told him to tell the truth, that it wasn't fair for Jesse to go to the penitentiary for something he didn't do. And the Reverend [Sgt. Sidney Smith] got him [Olivarez] back on the straight and narrow, and he went back up there, said, "I don't remember talking to you," [i.e., to Albert Peña]. But by that point there was enough holes poked in the case.").
p. 108 "Botary told…to present its case."
Kenneth Botary, Prosecutor at Trial of Jesse Garza and at Trial of Carlos DeLuna, Trial Trans., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 17 ("Mr. Botary: The Court has got the District Attorney in here and he is my boss and I'll do whatever he wants. . . . Mr. Mobley: I told Mr. Botary to start picking the jury, Your Honor.").
p. 108 "The judge brought…if that would help."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 78 ("Court: Would it be better for me to speak through a court interpreter in Spanish? Do you think you would understand better or not? Have you understood what I am talking about so far? A. I think you better talk in Spanish. . . . Mr. Botary: Your honor, I request an [interpreter].").
p. 108 "Olivarez testified…offered them a ride."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 70–71 ("Q. When was the last time that you were at the Casino with Jesse and Dahlia showed up? A. When the dance finished, we were there. She show [sic] up there around two thirty in the morning. . . . Q. Why did ya'll get together with Dahlia? A. We just went riding around.").
p. 108 "After cruising around…at Garza's house."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 90–91 ("They came over to the van adn [sic] we went over to the house about four. Q. What house are you talking about? A. Jesse's. Q. Did you go inside of Jesse's house at four? A. Yes. Q. Did Jesse go inside his home? A. Yes. . . . Q. Okay, Dahlia dropped you off at four o' clock, is that right? A. Yes.").
p. 108 "Dahlia told…alone with the man."
Margie Naranjo, Witness at Jesse Garza's Trial for Killing Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 830–31:
Q. When they got in the van, who was there in the van with you?
A. It was Jesse [Garza], Pete [Olivarez] and Elias, me and Pat and Dahlia and some other guy. I don't know his name. . . .
Q. Do you remember what he looked like?
A. Well he had long hair, kind of chubby, that's all I know.
Q. Okay, and was he a friend of Dahlia's or do you know? Well, she had something going with him . . . but she didn't want nothing to do with him, so we wanted to drop him off first. She didn't want to go by herself. . . . he was all messed up. He was all drunk and everything.
Johnny Longoria, Witness at Jesse Garza's Trial for Killing Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 502–03 ("Q. And the three other men in the van with Dahlia, had you ever seen any of them before? A. No, sir. Q. Were those three men Jesse, Pete and another person. A. Yes, sir. Q. Did you know the other person? A. No sir. . . . Q. Can you describe this person for us? . . . . A. [His hair] was short. He needed a shave. . . . About twenty.");
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Statement to Corpus Christi Police Dep't (Nov. 29, 1979) at 126–29 (mentioning "a guy with a full mustache" in Sauceda's van);
Bruce Whitman's Notes on Interview with Jesse Garza, Initial Defendant in Dahlia Sauceda Killing (Aug. 12, 2004) at 2–3 ("Carlos, who was drinking the whole time eventually, started talking 'shit' to Jesse, making threatening remarks towards him and wanting to fight with Jesse. Jesse and Pedro decide they had enough driving around and asked Dahlia to drop them off near the down town area of Corpus Christi.");
Bruce Whitman's Notes on Interview with Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda (Aug. 20, 2004, Mar. 1, 2005) at 2 ("Carlos eventually became high, drunk and mean. . . . Carlos was becoming increasingly angrier with [Jesse]. [Jesse] got out of the front of the van and, as Pedro was getting out of the van, Carlos was very angry and told Pedro he was going to hurt her (Dahlia) bad and if he (Pedro) said anything to anyone he knew where (Pedro) and his family lived and he would kill them.").
p. 108 "Olivarez testified…to get them."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 93 ("Q. What time did [Dahlia] come back? A. About one-thirty or two. Q. Okay, and did you or Jesse or both of you go with Dahlia at that time? A. Yes.").
p. 108 "She let Garza drive…"
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 94 ("Q. Who was driving the van at that time? A. Jesse.").
p. 108 "…a lot overgrown with brush."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 96 ("Q. Was the van ever driven in some brush? A. Yes. Q. When was that? A. Monday morning. No, it was Tuesday morning.").
p. 108 "According to Olivarez…'all that crap.'"
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 97 ("Q. What was said? A. That [Garza] wanted to rape her and all that crap.").
p. 108 "Olivarez said he didn't want to watch and left the van."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 97–98 ("Q. Why did you get out of the van? A. Because I did not want to watch.").
p. 108 "He then watched…her own blue jeans."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 99 ("Q. Tell the jury how you saw him kill her? A. Jesse took her blue jeans and choked her? [sic] Q. So when you got back in the van, you saw Jesse with the blue jeans choke her? A. Yes.").
p. 108 "And he watched…knife from the van."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 100 ("Q. After he finished choking Dahlia, what did he do then? A. He turned over to her back and make an X on her back. Q. What did he make an X on her back with? A. A kitchen knife.").
p. 108 "Garza and Olivarez…to Garza's place."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 103–04 ("Q. After he cut the X, where did ya'll go? A. We went on the railroad and went to the freeway. Q. And what did you do when you got to the freeway? A. We hitched a ride. . . . Q. Where did you go after you left Dahlia and you caught your ride and you went somewhere? A. We went home. Q. Whose home? A. Jesse.").
p. 108 "The medical examiner put the time of death between 1:00 and 3:00 A.M."
Criminal Offense Report, Texas Dep't of Public Safety (Nov. 21, 1979) at 1 (estimating Sauceda's death to be between 1:00 and 3:00 a.m.);
Joseph Rupp, Medical Examiner, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 681 ("The subject had been dead a number of hours [when I arrived at the crime scene sometime in the early morning after 7:00].").
p. 109 "Olivarez had testified that Garza parked the van head-in to a fence…"
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 140 ("Q. And the head of the van was facing the fence, is that right? A. Yes, sir.").
p. 109 "…parked parallel to the fence."
Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 318 ("Q. Officer, by the way, was the van parked directly into the fence or not? A. No, sir, it was parrallel [sic].").
p. 109 "…7-Eleven at Staples and Mary…"
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 107 ("Q. Where did you stop? A. At 7–11. Q. For what purpose? A. To get some gas. . . . Q. And what 7–11 did you go to? A. On Staples.").
p. 109 "…but that store had no gas pumps."
Irma Gaytan, Witness at Jesse Garza's Trial for Killing Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 296 ("Q. I forgot to ask you one other question. Do ya'll sell gas at that 7–11? A. No, sir. Q. You don't have any gas pump? A. No, sir.").
p. 109 "…Schlitz cans in the van…"
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 115–16 ("Q. Did you see any Schlitz beer cans in the van? A. Yes. Q. Did ya'll drink any Schlitz? A. That was from the Casino on Sunday night.").
p. 109 "…but later he swore there were none."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 145 ("Q. Now you said there was rootbeer that spilled. When Mr. Botary asked you the questions, you said it was a Schlitz that was toward the driver? A. He didn't told [sic] me it was Schlitz. Q. You said it was. A. I said it was coke. Q. You didn't see any Schlitz beer in the van? A. No. Q. The only beer you saw was Miller? A. Yes, sir.").
p. 109 "…brother the night Dahlia was killed…"
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 138–39 ("Q. What about your brother Danny; you said you were over to his house that night? A. Yes, sir. Q. Was he there? A. Yes, sir. Q. Did you talk to him? A. No, sir. Q. You just went in the house and didn't talk to him? A. He saw me get a six pack and he told me to be careful. He said where I was. I said I was with Jesse and Dahlia and that's it.").
p. 109 "…then admitted that was a lie."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1130–31:
Q. Now if your brother testified that you were not—had never went by his house on that night; would he be lying or would you be lying?
A. Maybe he wasn't there, but I got the beer.
Q. Wait a minute. Let's see, was he or was he not there?
A. He was there, but probably he didn't see me. I didn't saw him neither.
Q. You didn't see him?
A. No, sir.
Q. Didn't you tell this jury that you talked to him and that you told him who you were with and that he told you to be careful? Isn't that the same thing you told Mr. Botary?
A. Yes.
Q. How could he not have seen you?
A. Because I just said it like that.
Q. You mean you were lying?
A. About what?
Q. About having talked to your brother?
A. Yes, sir, I was lying because I just said it to Jesse because I just wanted to say it.
p. 109 "…Monday Night Football game…"
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1127:
Q. Who—you remember what time the football game started?
A. Eight o'clock. It starts at eight, but it really starts about 8:30.
Q. And you're saying that the halftime was over by nine o'clock?
A. Yes, sir.
Q. It was a very short half, wasn't it?
A. It's only about twelve minutes each quarter.
Q. Yes, but they don't just let the clock run; they stop at every play, don't they?
A. Yes, sir.
Q. Are you saying that it took forty minutes to play an entire half of professional football?
A. Yes, sir.
p. 109 "Shown a map…places it went."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1132–33 ("Q. Do you want to draw a line on the map showing how y'all got home? Would you show the jury where you started out and how you got home? A. I don't know nothing about a map, you see, sir. Q. Oh, you don't? A. No, sir. Q. Well, let me help you. Whereabouts did you get started? A. What are you talking about? Q. Well, you said you got a ride? A. Yes, sir. Q. Where did he pick you up? A. By Agnes on the freeway. Q. Well, show the jury where you started. A. I told you I don't know nothing about a map.").
p. 109 "Olivarez explained…for testifying."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 108–09 ("Court: Alright, Mr. Olivarez, do you want to give an explanation of why you weren't here this morning? Mr. Olivarez: I was afraid, sir, because even if Jesse gets out or his friends [sic] brothers, you know, and I told on them and they might still do it again, they might beat me up or kick my ass or stab me or something is why. I was afraid.").
p. 109 "The judge held him…thirty days in jail."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 109 ("Court: You have caused a considerable delay and expense to this county by not being here this morning. We have had to recess this case and start it Monday, so I am going to find you in contempt and sentence you to thirty days in the County Jail.").
p. 109 "He admitted…about the killing."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 227 ("Q. Did you lie to the police the first time they talked to you? A. Yes, sir. Q. What did you tell them? Did you tell them that you didn't know anything about it? A. Yes, sir. Q. Why did you lie to the police then? A. I don't know. Q. I thought you said you never tell a lie? A. I lied to them because I didn't point the finger at Jesse, but I took the test and they said they knew that I knew who was the guy and everything.").
p. 109 "But Olivarez admitted…do with the case."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 4–5:
Q. Did you say that it was not true because you were afraid of something?
A. Yes, sir.
Q. Who were you afraid of?
A. Jesse and his friends.
Q. Has anything happened since you gave this statement to make you afraid?
A. They hit me all over and I got beat up.
Q. When did you get beat up?
A. At the Casino.
Q. When?
A. Friday and Saturday and Sunday.
Q. Of this week, this past week?
A. Three weeks and last month.
Q. Who beat you up?
A. David and a couple of friends of somebody else.
Q. Alright. Why did you connect that with Jesse Garza? Do those people know Jesse Garza?
A. Yes, sir.
Q. Did they say anything about Jesse Garza and your testifying?
A. No, sir.
p. 109 "Olivarez said he…Pena off his back."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 8–9 ("Q. And you told him that Jesse had not killed Dahlia? A. I didn't told him that. Q. You didn't say that? A. No. Q. Do you see that lady? A. Yes, because I wanted to get rid of you because I didn't want nothing against you. Q. In other words you lied to me? A. I came to him because he told me to go up to the second floor because I lied to you. Q. You lied to me? A. Yes.").
p. 110 "OLIVAREZ: Yes, sir."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 234 ("Q. You were mad at your girlfriend. That's why you told me that Jesse had not killed Dahlia last Thursday? A. Yes, sir. Q. Is that why you also told the lady that came to the door that Jesse had not killed Dahlia because you were mad at your girlfriend? A. Yes, sir. Q. And you also told Kenneth Botary that Jesse had not killed Dahlia because you were mad at your girlfriend? A. Yes, sir.").
p. 110 "Olivarez finally said he didn't know why he lied…"
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1130 ("Q. But you told Mr. Botary [that he did not see Jesse Garza kill Dahlia Sauceda] when I wasn't there, didn't you? A. Yes, sir. Q. Was I on your back when you were talking to him? A. No, sir. Q. Why did you still tell him? A. I don't know, sir.").
p. 110 "…under oath when you testify."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1131 ("Q. Do you know what being under oath means? A. No, sir. Q. Mr. Botary asked you if you knew what it meant to be under oath, and you said yes. You don't know what being under oath means? A. No.").
p. 110 "The wily lawyer…make her look foolish."
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:17:20–18:17:55 ("As I recall, [Escobedo] had just become involved in homicide cases. She was actually supposed to be the person in charge. But male chauvinism being what it is, she wasn't really in charge. . . . I remember that there was obviously 'She's a woman? Keep her to the side. You don't have to let her in on everything, even though she's the person in charge of this homicide investigation.'").
p. 110 "Escobedo admitted…matching those in the van."
Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 824–25 ("Q. And who investigated Carlos Hernandez? A. Sergeant [Paul] Rivera. Q. Does that explain why Sergeant Rivera was in possession of the knife and the shorts, Defendant's Exhibit 6 and the knife, Defendant's Exhibit 4; would that be a reasonable explanation of why he was in possession of them? A. Yes, sir. Q. But in any event, that still doesn't change the fact that you should have been notified that he had that evidence? A. Yes, sir, I should have been notified.").
p. 110 "…tearing down her own case."
Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 809–10:
Q. Where—what do you mean—would you tell the jury what you mean by coordinating the investigation?
A. In other words, I would—in this case I made the preliminary investigation which was at the crime scene. From that point on, I should have received—had all the information coming to me, and of course, I would relay it to [Chief of Homicide] Lieutenant Pace and check the information and make sure everything was being done and what was being done and how it was being done.
Q. All right, and this was just initially; it wasn't just supposed to proceed like that through the entire thing?
A. That's the way it was supposed to be.
Q. Throughout?
A. Yes, sir.
Q. You say it was supposed to; is that the way it actually went?
A. I don't feel that I was kept informed throughout the whole investigation.
p. 110 "Escobedo admitted that…she called it."
Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 865–66 ("Q. Now as far as the men's underwear are concerned, did you remove or did you have that pair of shorts, that pair of men's underwear, did you have them sent to the lab to determine whether or not there was any pubic matter on that set of shorts? A. No, sir. Q. Alright, and why was this not done? A. Oversight on my part.").
p. 110 "She acknowledged…when she listened to it."
Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 813–14:
Q. Were you aware of a tape-recorded conversation between Carlos Hernandez and his mother?
A. Yes, sir.
Q. Did you listen to that tape-recorded conversation?
A. I did listen to it.
Q. After listening to that tape-recorded conversation, did you feel like there might be a knife?
A. To be very frank, I didn't pay that close attention to the tape.
Q. To the conversation?
A. To the conversation.
Q. You just kind of listened to it, but not really paid that much attention to it?
A. I guess I was hearing it, but I was not listening.
p. 111 "'I guess I was hearing it…earlier.'"
See supra note 91.
p. 111 "Suprising Botary…night Dahlia was killed."
Roger Fuentes, Stepbrother of Jesse Garza, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1161:
And we came back and us three were eating and Pete went to sleep and I went to sleep and Marty and Junior stayed up slap boxing. Then the next morning, we woke up and that was Tuesday and Marty went to work and Junior went to work and Pete, he wanted, you know, something like they run him out of the house, and he wanted a place to stay, and he told Marty he would find a job that same day. He left around ten in the morning and we didn't look for no jobs. I left to my mother's house and he called this girl to tell them to pick him up and that's the last time I saw Pete.
p. 111 "Fuentes had said…the crime himself."
Roger Fuentes, Stepbrother of Jesse Garza, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1174 ("Q. And isn't it also true that not just one police officer, but two or three or, maybe, four police officers were talking to you at the same time? A. That's right. Q. And they were all telling you how much trouble you were in? A. Yes, sir. Q. Were you scared? A. Yes. Q. Had the police ever talked to you and accused you of being involved in a murder before? A. No, sir. Q. Is that why you signed the statement? A. That's right.").
p. 111 "Through a police expert…back of the van."
Charles Parker, Corpus Christi Police Fingerprint Analyst, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 603 ("Q. Did you then on December 10 compare the latent prints with known fingerprints of Carlos Hernandez? A. Yes, sir I did. . . . This particular latent card is matched with Carlos Hernandez and the latent print itself was taken off a Schlitz beer can which was—the print was lifted by Officer Sarah Cooks.").
p. 111 "Through other witnesses…suspicion of killing Dahlia."
Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report in Dahlia Sauceda Homicide (Nov. 1979) at 1 ("On the right of the bar [in the back of the van] on the floor, laying between the bar and a captain's chair is a pair of men's cotton underwear, with a red, white, and blue design on the[m].");
Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 820–23 (comparing underwear taken from the van where Sauceda was murdered and from Carlos Hernandez and noting that they "match closely"—they were both size thirty-four, J.C. Penney's brand, and with cleaning instructions to machine wash and hot tumble dry);
Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1010 ("Q. Did Paul ask you for a pair of your undershorts? A. Yes, sir. Q. Did you bring a pair or did he go to your house and pick them up? A. When he went to pick me up, he asked me for a pair. Q. Did you give him a pair? A. Yes, sir.");
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 17:43:40 ("And there was also some J.C. Penney boxer shorts of a certain design, 36 [sic, 34] inch waistline. . . . And my client [Jesse Garza] was a very thin individual, those boxer shorts wouldn't have stayed up more than two seconds.").
p. 111 "…through the mutilation of her toe…"
Sidney L. Smith, Corpus Christi Police Detective in Dahlia Sauceda Case, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 439 ("Q. Is it a rusty knife or not? A. Yes, rusty bladed knife. Q. What about the edge. Does it have a sharp edge on it? A. No, it's got a very dull, jagged edge. Q. Would you say it has nicks in it or is it clean? A. It's got nicks. Q. Is this the knife you showed Pete Olivarez? A. Yes.").
p. 111 ""…knife found on Carlos Hernandez."
Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 943 (testifying that when police picked him up in connection with the Sauceda killing, they found a lock-blade knife in his possession);
Paul Rivera, Corpus Christi Police Detective, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1253 (discussing "a locking blade buck knife" that he "took from [Carlos Hernandez]").
p. 111 "Several witnesses…expertise in their use."
Fidela Hernandez, Mother of Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 926 ("Q. Does Carlos carry a knife? A. At work, yes.");
Freddy Schilling, Brother-in-Law of Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 880 ("Q. Does [Carlos Hernandez] always carry a knife? A. I guess since I've known him . . . . [I've known him] close to two years, since he's been out of the penitentiary.").
p. 112 "Based on Rupp's…wanted to send a message."
Joseph Rupp, Nueces County Medical Examiner, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 698–700:
Well, on the basis of the little bit of information you get, you can't draw any conclusion on the basis of this one incident in a suspect's life. What you can say from this is that in the broadest general sense, it has a sadistic element in it and that the assailant in all probably knew the deceased. Now when I say knew, I mean that they just hadn't met an hour before or, you know, casual pickup and is killed in this manner and marked in this manner; that it would indicate to me that the subjects the people involved, knew each other, not well, but that there had been some knowledge of each other in the past, not necessarily well, but that they knew each other. . . . Well, this is again difficult to explain in a few words, but basically the subject is only marked once. It's not a frenzied type of killing where there is mutilation. The marking served some purpose. The single marking in the mind of the individual served some purpose. Had this been a sadistic killer who picked up this girl and killed her not knowing her, but just to gratify his perverted sexual sadism, there would have been all kinds of mutilation; but this is a single, really a single mutilation, and a single bite mark. It's not extensive, therefore, there must have been a reason to inflict this single marking. It has a meaning. The exact meaning, I'm not sure of, but it would indicate that this was just not a random thing. This was a mark on her to show either something or him something or someone else something.
p. 112 "'This was a mark…else something.'"
See supra note 100.
p. 112 "Pena then called…disrespect for her."
Freddy Schilling, Brother-in-Law of Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 858 – 875.
p. 112 "Freddy testified…'me and do that.'"
Freddy Schilling, Brother-in-Law of Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 870–71:
Q. Have you had the opportunity of observing Carlos when he's been drinking?
A. Yes, sir.
Q. Have you had the opportunity of observing him when he's not been drinking?
A. Yes, sir.
Q. Does he appear to be—be the same person when he's drinking as when he's not drinking?
A. No, sir.
Q. What is the difference?
A. When he's drinking, he talks a lot, just kind of violent.
Q. Violent?
Q. Yes, sir, with me.
Q. With you?
A. Yes, well, you know, around him, if he is drinking, he's always bringing up something, you know, about the past, that I did this to his sister and that he is going to do this to me and do that and all this.
Q. That you did what to his sister, that you were going out with Dahlia?
A. Well, yes, not only Dahlia.
Q. And also that you had gone off to Houston with Dahlia?
A. Yes, sir. Not exactly because I had gone off with Dahlia; because I mess around and stuff like that.
Q. Just generally speaking?
A. Yes, sir.
p. 112 "It wasn't just running…a lot of women."
See supra note 103.
p. 112 "It was a message…Carlos Hernandez's sister."
Joseph Rupp, Nueces County Medical Examiner, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 699–700 ("The single marking ['X'] in the mind of the individual served some purpose. . . . [T]here must have been a reason to inflict this single marking. It has a meaning. The exact meaning, I'm not sure of, but it would indicate that this was just not a random thing. This was a mark on her to show either something or him something or someone else something.");
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:03:24 ("And I asked [the medical examiner, Dr. Joseph Rupp] about the 'X', 'What does that mean, you being an expert and . . . . he said, 'What that meant is he was making a statement to the other group of people . . ., and that is, 'Don't cross me, it will happen to you.'.")
p. 112 "The last of those had occurred…again."
Freddy Schilling, Brother-in-Law of Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 873–74:
Q. The weekend of November 20, the weekend prior to November 20, the date that Dahlia was found—
A. Yes, sir.
Q.—did you have occasion to talk to Dahlia?
A. No, sir.
Q. All right, did you see Dahlia anywhere?
A. No, sir.
Q. You no longer were seeing Dahlia?
A. No, sir, I had told her to stop coming around my house because before that, you know, it was a couple of days before that my wife and her had an argument and Dahlia called her and called her a bitch, and so my wife called her back and called her a bitch and Dahlia called back again and said she was going to call the police . . . .
Q. Well, did you come home that weekend and observe your wife crying?
A. Yes, sir.
Q. What did you do after you saw your wife crying?
A. I got mad and I called Dahlia and I tried to get ahold of her and her stepmother, Vicka, told me that she had gone to Houston.
Q. And what did you tell Vicka?
A. I told her I didn't want her coming around there because I was going to knock the hell out of her if she came around.
Q. You were going to knock the hell out of who?
A. Dahlia.
Q. And you told her this the weekend before [Dahlia] was found [dead]?
A. Yes, sir.
p. 112 "Without an ironclad alibi…at that trial."
Freddy Schilling, Brother-in-Law of Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 876, 878 ("Q. Now where were you the morning that Dahlia was killed? A. Working. . . . Q. To your knowledge, had the police verified that? A. Yes, sir, they called my boss up. . . . Q. And to your knowledge, have the police talked to the people [patronizing Maverick Market, where Freddy worked,] and verified that you were there? A. Yes, sir.");
Edwin DeSha, Jr., Polygraph Report of Freddy Schilling, Brother-in-Law of Carlos Hernandez, Texas Dep't of Pub. Safety (Nov. 20, 1979) at 1 ("Evaluation of this subject's polygrams failed to reveal to this examiner any significant criteria that would indicate deception at questions pertaining to knowledge of and/or participation in this offense.").
p. 112 "Years later…blame for Dahlia's death."
James S. Liebman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Dec. 3, 2004) at 1 ("They were fighting about who was going to take the fault for killing [Dahlia Sauceda]. My uncle [Carlos Hernandez] got angry, violent. [Hernandez] thought Freddy was going to tell on [him].");
see Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:24:23–06:24:51 ("I think my step-father [Freddy] believed that my uncle Carlos had committed the crime [murdering Dahlia Sauceda]. . . . [A]pparently [other] people thought that my [step-]father [Freddy Schilling] had committed the crime, because I guess he was dating her or seeing her.");
Sita Sovin & Lauren Eskenazi's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Oct. 29, 2004) at 3 (describing a fight between Carlos and Freddy Schilling after Dahlia's murder).
p. 112 "Pena began…before she was murdered."
Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 930 ("[Q.] When is the last time you saw [Dahlia]? A. The night before her incident. Q. The night before? A. Yes, sir.").
p. 113 "Ruthlessly…showing Carlos up."
Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 17:50:33–17:52:00 ("But in any event, I had a lot of fun with him. He was about ready to come out of there with that knife at me. I got him real angry at me. He obviously had a hot temper, which played right into my hands.").
p. 113 "Pena repeatedly…Carlos of murdering Dahlia."
Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1003–06:
Q. During your conversation did Paul Rivera tell you that he knew you were with her that night?
A. Yes, sir.
Q. Did he tell you that he found a fingerprint matching your known print on a can of beer in the van?
A. Yes, sir, he did.
Q. Did that—was he telling you these things to try to get you to confess to him that you were with her?
A. Yes, sir. . . .
Q. Did he tell you that he found a pair of undershorts in the van?
A. Yes, sir. . . .
Q. And when did you remember [that you were with Dahlia the night she was killed]?
A. I think it was the following day.
Q. What caused you to remember?
A. After so much interrogation . . . I rested on it, thought about it and all.
Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1048, 1053 ("Q. All those three X's are pretty close to each other? A. Yes, sir, they are. Q. Those X's are those the same type of X you made on Dahlia Sauceda's back? A. I didn't do any such thing, sir."; "Q. The reason that you wanted to leave fast is that you had already killed her? A. No, sir, I didn't. Q. You hadn't killed her yet? A. I didn't kill her, sir.").
p. 113 "…he didn't want to get involved…"
Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1032 ("A. I just don't want to get involved with people. Q. Even if it meant you being charged with the offense of murder? A. I don't know, sir.").
p. 113 "…drinking with Dahlia and carrying a knife…"
Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1007:
Q. Okay, my question is were you or were you not trying to hide the fact that you were with [Dahlia Sauceda] that night to Paul Rivera when he was interrogating you?
A. Yes, sir.
Q. You were trying to deny it?
A. Yes, sir.
Q. Well, were you trying to deny it because you knew you were with her and you just tried to hide that fact?
A. No, sir.
Q. Well, I don't understand [why Hernandez lied to Detective Rivera]. Why don't you explain it to me? A. I was scared at the moment, frightened for what happened, the trouble she's caused since I was on parole and still on parole, and I was frightened anything could happen to me.
p. 113 "…prison where he'd been brutalized…"
p. 113 "…he couldn't think of anything else to say…"
Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1007–08 ("Q. Well, did you tell Paul Rivera that you were with a friend by the name of Yoland [sic] Rodriguez that night? A. Yes, sir. Q. Were you, in fact, with Yolanda Rodriguez? A. No, sir. Q. Why did you tell him that? A. I couldn't think of anything else, sir.").
p. 113 "…demanded that he pick his favorite excuse."
Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 950 ("Q. Well, you can't have it both ways. If you told your mother you didn't remember [what happened when he (Hernandez) was with Dahlia the night she was killed] and you were telling her the truth, but you didn't tell the police because you didn't want to get involved, well, which is it? Was it because you didn't remember or was it because you didn't want to get involved? A. I didn't remember at the time, sir.").
p. 113 "When Hernandez did…happened."
See supra note 111.
p. 113 "Where…remembering the incident at all?"
Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 958, 1042–43 ("Q. And isn't it true that in the statement you said ten o'clock is when you first saw Dahlia? A. I told him ten or 10:30. Q. Doesn't your statement say ten o'clock? A. Yes, sir. Q. Why did you tell him ten or 10:30; you didn't remember you had seen the clock in the back?").
p. 113 "Hernandez answered…reflected on them overnight."
Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1006 ("Q. And when did you remember [that you were with Dahlia the night she was killed]? A. I think it was the following day. Q. What caused you to remember? A. After so much interrogation . . . I rested on it, thought about it and all.").
p. 113 "Pena pointed out…on the same day."
Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 935–36 ("I'm asking you, had you signed a statement when you talked to your mother? A. I think so. . . . Q. Well, do you remember telling your mother you didn't remember being with Dahlia that night? A. Yes, sir, I did. . . . Q. Okay, so is that what you put down in your statement, that you didn't remember? A. No, sir. Q. So obviously your statement was made after you had talked to your mother, right?").
p. 113 "Indeed, according to police records…"
Paul Rivera, Corpus Christi Police Detective, Supplementary Report (Dec. 14, 1979) at 2:
Reporting officers went to the DPS building and Mr. Eddie De Shea [sic] gave subject two polygraph tests and according to Mr. Eddie De Shea [sic] the results were inconclusive. Reporting officers then brought subject Carlos Hernandez back to the police station and he was re-interviewed reference the homicide involving Dahlia Sauceda. After a brief interview, subject Hernandez stated that he did in fact see Dahlia Sauceda the night prior to her body being found dead.
p. 113 "…and Detective Rivera's testimony…"
Paul Rivera, Corpus Christi Police Detective, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1233 ("Q. When did you first speak with [Hernandez]? A. On December 10, 1979.");
Carlos Hernandez, Statement to Corpus Christi Police Dep't (Dec. 10, 1979) at 1.
p. 113 "Hernandez more or less flunked a polygraph test…"