1. 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 . . . .”).

  2. 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.

  3. 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.”).

  4. 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.”).

  5. 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.”).

  6. 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).

  7. 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”).

  8. 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.”).

  9. 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.”).

  10. 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.”).

  11. 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).

  12. 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.

  13. 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.”).

  14. 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.”).

  15. 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.”).

  16. 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.”).

  17. 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].”).

  18. 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.

  19. 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.

  20. 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.”).

  21. 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.

  22. 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.”).

  23. 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.

  24. 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.”).

  25. 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.”).

  26. 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.”).

  27. 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.”).

  28. 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.”).

  29. 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.”).

  30. 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).

  31. p. 105 “He reminded her…last time he was there.”

    See supra Chapter 6, notes 47–49, 173–174 and accompanying text.

  32. 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.”).

  33. 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).

  34. 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.

  35. 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]“).

  36. 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.”).

  37. 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 . . . .”).

  38. 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 . . . .”).

  39. 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.”).  

  40. 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”).

  41. 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.”).

  42. 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.)

  43. 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.”).

  44. 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.”).

  45. 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.

  46. 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.”).

  47. 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.).

  48. 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.”).

  49. 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.”).

  50. 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).

  51. 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).

  52. 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.”).

  53. 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.”).

  54. 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.”).

  55. 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.”).

  56. 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].”).

  57. 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.”).

  58. 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.”).

  59. 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.”).

  60. 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.”).

  61. 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.”).

  62. 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.”).

  63. 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.”).

  64. 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.”).

  65. 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.”).

  66. 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.”).

  67. 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.”).

  68. 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].”).

  69. 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.”).

  70. 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].”).

  71. 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.”).

  72. 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.”).

  73. 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.”).

  74. 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.”).

  75. 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.”).

  76. 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.

  77. 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.

  78. 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.”).

  79. 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.”).

  80. 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.”).

  81. 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.”).

  82. 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.

  83. 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.”).

  84. 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.”).

  85. 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.”).

  86. 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.”).

  87. 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.’”).

  88. 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.”).

  89. 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.

  90. 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.”).

  91. 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.

  92. p. 111 “‘I guess I was hearing it…earlier.’”

    See supra note 91.

  93. 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.

  94. 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.”).

  95. 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.”).

  96. 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.”).

  97. 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.”).

  98. 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]“).

  99. 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.”).

  100. 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.

  101. p. 112 “‘This was a mark…else something.’”

    See supra note 100.

  102. 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.

  103. 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.

  104. p. 112 “It wasn’t just running…a lot of women.”

    See supra note 103.

  105. 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.’.”)

  106. 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.

  107. 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.”).

  108. 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).

  109. 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.”).

  110. 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.”).

  111. 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.”).

  112. 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.”).

  113. 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.

  114. p. 113 “…prison where he’d been brutalized…”

    See supra notes 28, 31, 113; supra Chapter 6, notes 47–49, 173–174 and accompanying text.

  115. 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.”).

  116. 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.”).

  117. p. 113 “When Hernandez did…happened.”

    See supra note 111.

  118. 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?”).

  119. 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.”).

  120. 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?”).

  121. 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.

  122. 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.

  123. p. 113 “Hernandez more or less flunked a polygraph test…”

    See supra notes 29, 36 and accompanying text.

  124. p. 113 “…than when she was killed.”

    Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 949–50, 1040 (“[Q.] 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’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. Your statement, if I understand it, is you were with her earlier, like your mother advised you to tell them you were with her earlier. Were you or were you not with her earlier? A. I was, sir.”).

  125. p. 113 “The best Carlos…earlier that night.”

    Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 949, 951 (“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. . . . [A]re you ready to tell the jury the truth? A. Yes, sir. Q. Are you ready to tell them without fear that you might become further involved? A. Yes, sir, I believe so. Q. Would you like to talk to your mother first?”).

  126. p. 113 “…(less chance of cutting himself).”

    Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 943–44, 945 (“Q. What is a locked blade knife? A. I believe it’s a buck knife, sir. . . . . Q. Well, what do you mean by a locked blade; does the blade, once you open it, that’s not a locked blade, is that right? A. No, sir, it’s not. Q. Does it just have one blade? A. Yes, sir. Q. So this knife here [indicating a pocket knife], if it were a locked blade, it wouldn’t close up, right? A. It wouldn’t close up. Q. You just lock the blade? A. It would lock by itself . . . It won’t bend . . . . That’s why I used it for work.”; describing a locked blade knife as being longer than a pocket knife).

  127. p. 113 “…pinball machine at the 7-Eleven…”

    Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 963–64 (“Q. Javier, your brother, is a good pinball player, isn’t he? A. Yes, sir. Q. In fact, sometimes his name is up there as having the highest score? A. I don’t know about that. Q. You’ve never seen his name up there getting the highest score on the pinball machine? A. No, sir. Q. He’s better than you are? A. Yes, sir.”).

  128. p. 113 “…(part of Carlos’s alibi on the night of the crime)…”

    Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 952, 954–55, 959, 985, 1027:

    Q. What did you watch on T.V.?

    A. Cartoons.

    Q. You watched what?

    A. Cartoons. . . .

    Q. And what did you do at South Bluff [Park]?

    A. Sat around for a while.

    Q. By yourself?

    A. Yes, sir.

    Q. What were you thinking about?

    A. Just thinking.

    Q. Were you drinking?

    A. No, sir.

    Q. You were thinking about the cartoons you had seen earlier or what?

    A. I guess so.

    Q. How long did you sit there thinking?

    A. About half an hour.

    Q. And what did you decide to do after you stopped thinking about the cartoons?

    A. I got up and walked away. . . .

    Q. Why are you so sure [of the last time you were at the 7-Eleven]?

    A. Because I was going to watch the movie on HBO that comes on at eight o’clock.

    Q. Was it a cartoon movie?

    A. No, sir. . . .

    Q. Where did you go from there?

    A. I went into an area like a little play deal, square, got boards on it, got a little ladder in the center, and I slept there for a while.

    Q. Thinking about the cartoons again?

    A. No, sir, I just fell asleep.

  129. p. 113 “…running out of the van without his underwear.”

    Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 974, 1027 (“Q. Why did you leave your shorts in the van? A. We heard a noise and I rapidly put my pants on. Q. You were frightened? A. Yes, sir. Q. Did you check to see what the noise was? A. No, sir.”; “Q. Did you look out the front of the van when you heard this noise? A. No, sir, I was too busy putting my pants on, sir. Q. Is that why you forgot your underpants? A. Yes, sir.”).

  130. p. 114 “When Hernandez…funny at a murder trial.”

    Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 951, 982 (“Q. Well, let’s see, tell this jury about—well, are you ready to tell the jury the truth? A. Yes, sir. Q. Are you ready to tell them without fear that you might become further involved? A. Yes, sir, I believe so. Q. Would you like to talk to your mother first?”; “Q. Did she [Dahlia] take you home [after they had sex in the van]? A. Straight home, on the corner of Carrizo and Kinney. That’s the last time I saw her. Q. Why do you smile? Is it funny that she should take you home? A. It’s not funny.”)

  131. p. 114 “The lawyer…how well Carlos drew Xs.”

    Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1047–48:

    Q. Would you put a little X right around there to try to make the intersection of the place right about where you live?

    A. Right there, I believe.

    Q. Would you put a little X where approximately the Apache Bar is?

    A. Right around there. (Indicating)

    Q. Would you put a little X at the intersection of Mexico and Mussett?

    A. About here, sir. (Indicating) . . . .

    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. But you do know how to make X’s, do you not?

    A. In writing, yes.

  132. p. 114 “…’played right into my hands.’”

    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.”).

  133. p. 114 “After the trial…in place of Garza.”

    Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:19:15:

    After the trial was over, three or four jurors approached me and asked me, “Why was Jesse Garza not out on bond?” And I said, “He couldn’t afford to be out on bond.” And they asked me, “How come they didn’t indict Carlos Hernandez?” And I told them, “Well, because they have blinders on, the law enforcement. And they had already narrowed in on one guy and they were not going to go off that road, come hell or high water. Because it’s the nature of the beast. They will not admit that they’re wrong, especially when they already had a person in custody . . . . Obviously they weren’t going to admit they had him in custody for a year without having any hard evidence other than the poor guy that they intimidated.”

    See also Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 19:32:57–19:35:15:

    I think that they were reluctant to go back on the reports that the district attorney’s office was presenting to the media. Like I indicated earlier, this thing was constant, this murder was on every day for a week or ten days, just constant . . . . They were reluctant to look back or take back any understatements or overstatements or what not. I think that’s the reason [the district attorney did not immediately prosecute Carlos Hernandez for Sauceda's murder].

  134. p. 114 “Law enforcement…’had a person in custody.’”

    Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:19:15.

  135. p. 114 “Licea was Carlos’s former girlfriend…”

    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 sister Paula told me [the same thing].’”);

    Peso Chavez & James S. Liebman’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004) at 1 (“[Gloria Sanchez] hooked up with [Carlos Hernandez]: Gloria got married, then was separated. Freddy [sic] (Schilling) was friend of her brother Johnny Longoria. GS [Gloria Sanchez] met Paula thru Johnny; Paula introduced her to CH [Carlos Hernandez]. ‘My ex would come and Carlos Hernandez would hide in the bedroom.’”);

    see also supra Chapter 6, note 195 and accompanying text.

  136. p. 114 “…walked out on Freddy and moved in with Gloria.”

    Transcribed Videotape Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Feb. 23, 2005) at 10:59:14 (“When Paula was still living with me, and around the time that Dahlia was killed, Carlos would call and would want to talk to her. And I always noticed she wouldn’t be doing the talking. She wouldn’t be talking, you know, I guess it would be him. And whenever she would hang up, she’d say, well, ‘He said that he did it [killed Dahlia Sauceda], but they’re never going to be able to prove it.’”);

    Peso Chavez & James S. Liebman’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004) at 2 (“Paula and Freddy split up; G[loria]‘s sister had moved out, so Paula moved in.”; recalling that Carlos Hernandez “said to Paula over [the] phone that he had killed Dahlia S. and they would never find out that he had done it.”).

  137. p. 114 “…’he had been the one that killed [Dahlia].’”

    Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:06:05 (“Gloria Licea . . . was very helpful. She was one of our sources.”);

    Transcribed Videotape Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Feb. 23, 2005) at 10:56:30–10:58:34:

    Then one day, this investigator—Paula had already moved out of the house and this investigator had come over to her apartment. And I was there with her, and he said he wanted to talk to her about Dahlia. So I stayed out of the room, and when he left she told me that they’re investigating who killed Dahlia, because some guy was being accused. And I asked her, “Well, what was his [the investigator's] name and what was his number?” And the next day I called him. And I told him that, when Paula was living with me, Carlos used to come over to the house a lot, and he would always tell her that they were never going to be able to prove it, but he’d been the one that had killed her. And she would tell me. And I thought that’s what she had told the investigator, but I guess, since it was her brother, she wasn’t about to do that. But I told her that she needed to tell somebody. She said there’s no way she could. So I called him [the investigator], and I set up an appointment with Eddie Cruz, and I told him about the calls that Carlos had made to the house, that he’d been the one that had done it, but that nobody would be able to prove it.

    Transcribed Videotape Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Feb. 23, 2005) at 10:57:36, 11:03:35–11:04:04:

    So when we met at the attorney’s office a couple of days later, they wanted to know if I would give a statement to the police. So I said ok. I went over to the police station and gave a statement, and that was it. That was the end of it. I figured “I’ve done my deal, I’m ok.” And then I heard from Albert Peña and he asked me if I would be a witness. And I said ok. But they never used me because, he said, they were concerned because I had three daughters, I had young kids. Eventually they never used me . . . . When I first went in and talked to Paul Rivera, the first thing he asked me was, “How do you know Eddie Cruz [the defense investigator], did you have an affair with him?” And I said, “No,” I said, “I just met him.” And I felt that he thought that I was doing it . . . somebody was making me say, you know, give the statement. And he was like, seemed like I was wasting his time. He asked me a few questions, he recorded the statement, and I don’t know what ever happened to the tape.

    Peso Chavez’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (July 21 and 23, 2004) at 1–2:

    [Carlos Hernandez's sister Paula] lived with me (in 1979) for awhile—I was living at 710 12th Street. [At that time,] Paula had received numerous calls from her brother Carlos when Dahlia Sauceda was killed. Carlos told her: “I did it (meaning killed Dahlia [Sauceda]) but they will never be able to prove it—no one is going to treat my sister this way so I got her out of the way.”

    Paul[a] believed that Carlos killed [Dahlia] and she continued telling me that when Carlos got drunk or was smoking marijuana that he became crazy and that she would become so afraid of him.

    Within a short period of time of Carlos’ confession, [Albert Peña's investigator] Eddie Cruz contacted Paula at [Sanchez's] 12th St. address. Ms. Sanchez stated, “I was at home when Mr. Cruz contacted Paula. He was asking her questions about Freddy and the relationship he had with Dahlia. I was clear that Mr. Cruz was thinking that Freddy had killed Dahlia. I know he never mentioned Carlos’ name and Paula never told him about the confession.”

    According to Ms. Sanchez, she felt she had to contact Mr. Cruz and provide him with the knowledge she had about Dahlia’s death. She stated, “I felt I needed to do the right thing so I meet with Mr. Cruz . . . and Albert [Peña] at their office. I told them of the conversation that Paula had with Carlos and the confession he made to Paula.” As per the defense team they suggested she contact [Detective] Paul Rivera and tell him of the information she had.

    Several days later she contacted Paul Rivera, Corpus Christi P[olice] D[ep't] and gave him a taped statement (15–20 min.). Ms. Sanchez stated, “Mr. Rivera was very arrogant and the first thing he said, “What are they giving you for this or do you have something going on with Eddie Cruz—meaning something sexually. I told him I had never met the man before this. I felt that he didn’t care about what I had to say and that they [thought they] already had the person who killed Dahlia.” Ms. Sanchez was subpoenaed by the defense but she was never called to testify.

    Peso Chavez & James S. Liebman’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004) at 2:

    [Carlos Hernandez] said to Paula [Hernandez] over phone that he had killed Dahlia S[auceda] and they would never find out that he had done it.

    Gloria told this to Eddie Cruz (the investigator for Albert Pena [sic] the lawyer) that Paula H had told her that Carlos H had told her he killed Dahlia. Eddie came to interview Paula while Gloria was there; [Gloria] realized that Paula wasn’t going to tell him the truth.

    After they had arrested Jesse [Garza], Eddie Cruz came to Paula to question her. I didn’t listen. When he left, I took his card and called him. Paula never knew. She told Cruz she heard Paula say [Carlos Hernandez] confessed the crime. Cruz then set up an appointment for her to go talk to Al[bert] Pena [sic]. He [Peña] then set up to have her talk to [Detective] Paul Rivera. Rivera acted like Pena [sic] and Eddie put her up to it and that she had something going with Eddie Cruz.

    See also Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi (Feb. 24, 2005) at 14:14:51–14:15:20 (“My wife [Paula] told me . . . she started crying one day and she says, ‘I’m going to tell you the truth. I really shouldn’t be telling you, but Carlos confessed to me. He told me that he killed Dahlia. He says it’s because he didn’t want to see me suffer any more.’”).

  138. p. 114 “The lawyer…never followed up.”

    See supra note 137.

  139. p. 114 “Out of concern…leave her out of the trial.”

    Peso Chavez & James S. Liebman’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004) at 2 (“At the Garza trial, Gloria was in the witness room; called to come testify by Albert Pena; sat there but then he said they weren’t going to call her.”);

    see also supra note 137; supra Chapter 6, note 195 and accompanying text.

  140. p. 114 “…stalked her after she broke up with him.”

    See supra Chapter 6, note 195 and accompanying text.

  141. p. 115 “The…taking Carlos into custody.”

    Acquitted Man Hopes Arrest of Another Man Will Help Clear His Name, Corpus Christi Caller-Times, July 25, 1986;

    see also Libby Averyt, City Man Is Jailed in 7-Year-Old Murder Case, Corpus Christi Caller-Times, July 25, 1986, at 1A.

  142. p. 115 “Someone had drawn an X across Paul Rivera’s face.”

    Photograph of Paul Rivera and Eddie Garza Arresting Carlos Hernandez, from Acquitted Man Hopes Arrest of Another Man Will Help Clear His Name, Corpus Christi Caller-Times, July 25, 1986 (provided to senior author by Fidela Hernandez) (showing an “X” drawn over Paul Rivera’s face).

  143. p. 115 “Diana Gomez…in the mid-1980s.”

    Diana Gomez, Girlfriend of Carlos Hernandez, Statement to Corpus Christi Police Dep’t (Apr. 17, 1986) (stating that she started living with Carlos Hernandez “around the last two weeks of May of 1985″ and that she continued living with him “until the last day of August, 1985″);

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 02:43:14 (“Carlos Hernandez, yes, I met him. I’m not sure if it was at the plasma, we donate plasma, and get a little bottle and go sip it on the beach, it was just a few blocks down, and climb the hill back up and go party at the apartments of friends. I remember Carlos, my wild days.”).

  144. p. 116 “At the time…aluminum cans for money.”

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 02:44:32 (“Donate plasma at the blood bank. We’d have to pump out about two pints of blood, one at a time, they remove the white cells, the plasma, and give us back the red cells. Yeah, we would do that about once every two weeks. We’d get about 21 dollars off of that. But then we picked up aluminum cans, and do that. I don’t remember having a job then, or did I? I was probably working at Denny’s, I was a fry cook at Denny’s for a long time. I love flipping them eggs.”).

  145. p. 116 “She needed a place to stay and found one with Carlos.”

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 02:43:14 (“I needed a place to stay once, headed out with a boyfriend, I think, and I ended up staying with [Hernandez]. But we didn’t live together that long, we didn’t live together that long.”).

  146. p. 116 “One was sober…drunk and dangerous.”

    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.”);

    see supra note 103.; supra Chapter 6, notes 44–46, 93–98 and accompanying text.

  147. p. 116 “When Carlos drank…she’d better look out.”

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 02:47:46–02:49:28:

    Carlos Hernandez when he’d be drunk or under the influence of any drug, you could see it right here (points to forehead) this would crinkle in. I remember that. His eyes were bloodshot. Or maybe that’s just the way they were. No, no they weren’t. There were times I’d see clear eyes. Sober, let’s say sober. Carlos Hernandez, when he was sober, was totally different from when he was under the influence of alcohol or a drug of his choice, I would say—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.

  148. p. 116 “Then he locked her…baby was still inside.”

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 02:45:46:

    Well, for instance, one time I remember I stayed out drinking and he wanted to go inside already. It was an apartment complex, about four apartments to one little building, those efficiencies. And I wanted to stay outside, keep drinking, and no, he said it was bedtime. So we, I guess we argued, and he just said ok, then he pushed me out. But my baby was still indoors asleep and he locked me out, and that scared me, that scared me a lot. And he pushed me real hard, it hurt.

  149. p. 116 “At that moment, she knew she’d have to move on soon…”

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 02:46:35 (“I’d look out. I have to look out. It was so bad, that hey, this ain’t a life for me, you know, I had to keep going.”).

  150. p. 116 “‘What’s going on, what’s going on, Carlos?’”

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 03:03:17–03:05:52:

    That night he was having trouble sleeping, Carlos Hernandez. He was tossing, turning, tossing, turning, sweating. “What’s going on, what’s going on, Carlos?” Slowly he started telling me about not being able to sleep for I don’t know how many years. But he said that he had done something wrong, something bad. And he started, little by little, telling me what he did and why he did it. And it was scary for me, very scary for me, what he did. Carlos Hernandez told me he had murdered a girl inside a van. And he told me, detail by detail, also, how he went about it. I didn’t want to hear about it. I guess he had to get it off his chest, off his mind, I don’t know. But he told me, Carlos Hernandez told me he had killed this girl named Dahlia, Sauceda I believe was her name. And how he came about to get her alone, in her van, how he had had sex with her and choked her, choked her until—he said he saw her eyes roll back. He flipped her over and cut a cross from shoulder blade to buttock. A cross, like that, he told me that.

    And I was just shaking when he was telling me all this, saying “this can’t be right, this can’t be right, he’s having a bad dream.” No, turned out it was for real. He also told me he cut off her fat toe, her fat toe.

    He also told me he cut off her fat toe for a, like, souvenir’s sake. He asked me if I wanted to see it. I said, “No, I don’t want to see that.” He said he cleaned out the van with his underwear, all fingerprints, steering wheel, lights, everything. And I said, “That little girl?” She was asleep. He just left, left them like that, left them like that.

  151. p. 116 “He started out slowly…’something bad.’”

    See supra note 150.

  152. p. 116 “‘And it was very scary…what he did.’”

    See supra note 150.

  153. p. 116 “‘A cross, like that, he told me that.’”

    See supra note 150.

  154. p. 116 “The woman’s baby girl…Carlos told her.”

    Diana Gomez, Girlfriend of Carlos Hernandez, Statement to Corpus Christi Police Dep’t (Apr. 17, 1986) (“[Hernandez] then told me that he drove Delia’s [sic] van to some bushes near C.C. Egg Company close to Mexico Street where he left the van with Delia and the baby girl who he said was asleep.”).

  155. p. 116 “But then Carlos offered terrifying proof.”

    See supra note 150.

  156. p. 117 “He asked me if I wanted to see it.”

    See supra note 150.

  157. p. 117 “She didn’t want to see that.”

    See supra note 150.

  158. p. 117 “By killing Dahlia…’marriage of his sister.’”

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 03:06:50:

    [Hernandez killed Dahlia] [b]ecause his sister, Paula, was having trouble with her husband. And her husband was the one that was messing around with that girl. They were dating or seeing each other. And she was causing problems on the marriage of his sister. And that was his way of getting them back together, his sister and her husband, by doing away with Dahlia, so that Dahlia wouldn’t cause any more problems. But he took the wrong way—he shouldn’t have done that—take matters on his own.”).

  159. p. 117 “Diana remembers Carlos saying…crossed.”

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 03:06:10 (“He also mentioned to me that he carved an ‘F’ right in the middle of that ‘X,’ where the ‘X’ meet. Right there, little ‘F.’ What that stands for, I don’t know.”).

  160. p. 117 “…’steering wheels, lights, everything.’”

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 03:03:17–03:05:52 (“And he told me, detail by detail, also, how he went about it. I didn’t want to hear about it. I guess he had to get it off his chest, off his mind, I don’t know . . . . He said he cleaned out the van with his underwear, all fingerprints, steering wheel, lights, everything. And I said, ‘That little girl?’ She was asleep. He just left, left them like that, left them like that.”).

  161. p. 117 “He even cleaned Dahlia’s fingernails, where she’d fought him.”

    Diana Gomez, Girlfriend of Carlos Hernandez, Statement to Corpus Christi Police Dep’t (Apr. 17, 1986) (“[Hernandez] then told me that he drove Delia’s [sic] van to some bushes near C.C. Egg Company close to Mexico Street where he left the van with Delia and the baby girl who he said was asleep. I asked him if anybody had seen him and he told me that no one had seen him, that it was sometime around 5:00 in the morning. He told me that the only mistake was leaving his shorts behind.”).

  162. p. 117 “It was near dawn.”

    Diana Gomez, Girlfriend of Carlos Hernandez, Statement to Corpus Christi Police Dep’t (Apr. 17, 1986) (“[Hernandez] then told me that he drove Delia’s [sic] van to some bushes near C.C. Egg Company close to Mexico Street where he left the van with Delia and the baby girl who he said was asleep. I asked him if anybody had seen him and he told me that no one had seen him, that it was sometime around 5:00 in the morning. He told me that the only mistake was leaving his shorts behind.”).

  163. p. 117 “His only mistake…leaving his shorts behind.”

    Diana Gomez, Girlfriend of Carlos Hernandez, Statement to Corpus Christi Police Dep’t (Apr. 17, 1986) (“[Hernandez] then told me that he drove Delia’s [sic] van to some bushes near C.C. Egg Company close to Mexico Street where he left the van with Delia and the baby girl who he said was asleep. I asked him if anybody had seen him and he told me that no one had seen him, that it was sometime around 5:00 in the morning. He told me that the only mistake was leaving his shorts behind.”).

  164. p. 117 “Lucky for Carlos…evidence of foul play.”

    See supra note 90.

  165. p. 117 “‘That little girl!?’ she asked Carlos.”

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 03:03:17–03:05:52 (“And I said, ‘That little girl?’ She was asleep. He just left, left them like that, left them like that.”).

  166. p. 117 “Carlos replied…when he ran away.”

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 03:03:17–03:05:52 (“And I said, ‘That little girl?’ She was asleep. He just left, left them like that, left them like that.”).

  167. p. 117 “…’left them like that.’”

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 03:03:17–03:05:52 (“And I said, ‘That little girl?’ She was asleep. He just left, left them like that, left them like that.”).

  168. p. 117 “Diana’s own baby was asleep in the next room.”

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 03:09:50, 03:17:18 (“Yeah, I got out of there. I got out of that situation. No need to put me and my daughter in that same place, no, no.”; “It wasn’t safe, I found out, and it wasn’t a good environment for my daughter. I had to get out of there.”).

  169. p. 117 “‘I mean…nobody’s got that call.’”

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 03:06:38–03:06:50 (“And after that I couldn’t live with myself. That wasn’t right to do. I mean, how can you take a human being like that and—nobody’s got that call.”).

  170. p. 117 “Back on her own…information to herself.”

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 03:06:38–03:06:50 (“And after that I couldn’t live with myself. That wasn’t right to do. I mean, how can you take a human being like that and—nobody’s got that call.”).

  171. p. 117 “Eventually, she contacted…friend of her family’s.”

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 03:11:45–03:12:06 (“I held it in for a long time, I couldn’t take it any more. It was too much for me. And yes, I called an old friend of the family, Paul Rivera, he was a detective. He’s still a detective. I called him up and I told him, and he said that’s all he needed from me.”);

    Diana Gomez, Girlfriend of Carlos Hernandez, Statement to Corpus Christi Police Dep’t (Apr. 17, 1986).

  172. p. 117 “What Rivera…described the events once more.”

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 03:12:06–03:12:50:

    When I told him that, he said he knew it. He said I wasn’t lying. It was all true. And I’m like, “Huh, it was for real?” And I got the shakes, then, I’m starting to shake right now, too, I don’t like, I don’t like shaking, this feeling . . . . [Paul Rivera told me] it was true, and they’d been hunting him for a while. They just need some proof, some evidence, evidence to catch him. And with the statement that I told them, I told them everything, detail by detail, what Carlos Hernandez had told me he had done to that girl Dahlia. That happened for real.

    See Diana Gomez, Girlfriend of Carlos Hernandez, Statement to Corpus Christi Police Dep’t (Apr. 17, 1986).

  173. p. 118 “They had just needed more proof to catch him.”

    See supra note 172.

  174. p. 118 “That was the last she heard from either of them.”

    Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 03:14:36–03:15:00 (“I never found out what happened to Carlos Hernandez after that. Nothing, I don’t know. I never called to inform myself. I didn’t want to know, really. After I heard [Detective] Paul Rivera going, ‘Yes, we got him,’ I thought, ‘That’s all he needed.’ But I never followed up on the case.”).

  175. p. 118 “…only an insider to the crime would know.”

    Paul Rivera, Corpus Christi Police Detective, Supplementary Report (July 16, 1986) at 1–2 (listing evidence that Carlos Hernandez murdered Dahlia Sauceda).

  176. p. 118 “In July 1986…Carlos Hernandez for murder.”

    Reindictment, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. July 15, 1986) at 1 (“The grand jury of Nueces County, Texas . . . do present that Carlos Hernandez, defendant, on or about the 20th day of November, 1979, in Nueces County, Texas, did then and there, intentionally and knowingly cause the death of an individual, Dahlia Sauceda, by inflicting trauma to her neck, chest and abdomen with his hands.”).

  177. p. 118 “They looked like they were sure they had their man.”

    Libby Averyt, City Man Is Jailed in 7-Year-Old Murder Case, Corpus Christi Caller-Times, July 25, 1986, at 1A;

    Acquitted Man Hopes Arrest of Another Man Will Help Clear His Name, Corpus Christi Caller-Times, July 25, 1986;

    see supra Figure 7.3.

  178. p. 119 “And going from there to the state pen was even worse.”

    See supra notes 28, 31, 113–114 and accompanying text; supra Chapter 6, notes 47–49, 173–177 and accompanying text.

  179. p. 119 “But was set…when he was supposed to.”

    Reindictment, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. July 15, 1986) at 1 (noting that bond was set at $25,000);

    Mot. for Reduction of Bond, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. Nov. 14, 1986) at 1 (“Defendant is presently under a $25,000.00 bond. He does not have any means to pay a bond that high and hereby requests a hearing to determine the reduction of said bond.”).

  180. p. 119 “When the court finally set a trial date in September 1986…”

    State’s Announcement of Ready, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. July 29, 1986) at 1 (p. 44 of set);

    Def.’s Mot. for Continuance, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. Sep. 5, 1986) at 1.

  181. p. 119 “…the attorney asked for a delay.”

    Def.’s Mot. for Continuance, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. Sep. 5, 1986) at 1.

  182. p. 119 “Carlos knew well enough…life sentence for murder.”

    See supra Chapter 6, notes 166–171 and accompanying text.

  183. p. 119 “And he knew…parole would surely be revoked.”

    See supra note 113 and accompanying text; supra Chapter 6, note 172 and accompanying text; see also supra Chapter 6, notes 181–182 and accompanying text.

  184. p. 119 “From the drubbing he took…could make.”

    See supra notes 109–132 and accompanying text.

  185. p. 119 “When nothing had happened…’a proper counsel.’”

    Def.’s Mot. for Change of Counsel, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. Nov. 17, 1986) at 1–2:

    The Defendant feels that he has not discussed the Defendants [sic] charge properly with the Attorney . . . . Also, the Defendant has asked the said Attorney to file the proper motions, such as a hearing for a bond reduction several times . . . . Also the Defendant asked his Attorney to file a motion for the Defendants [sic] Right to have a private Investagater [sic] appointed to his case . . . . The Defendant has also asked his Attorney to file the motions for Discovery and exsetra [sic] . . . . The Defendant respectfully prays the court will appoint a proper Counsel . . . .

    Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:20:33:

    I remember my initial contacts, contact with Carlos Hernandez was, I don’t know what year. In the latter part of the eighties was it? He was in jail. He had been, I believe, charged with, a murder. I believe. And he—I was called by the court manager for Judge Blackmun, the elder Judge Blackmun. And advised that the attorney representing him [Hernandez] was having difficulty in dealing with him, and he and the client weren’t getting along.

  186. p. 119 “In mid-November…represent Carlos Hernandez.”

    Order Appointing an Attorney, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. Nov. 13, 1986) at 1 (appointing Jon J. Kelly to represent Carlos Hernandez);

    Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 1, 6 (“Judge [who appointed Kelly] was Blackmun, Jack, older. Judges can’t just appoint [a new lawyer]. He wasn’t happy with way DA was handling Carlos’s case. I was brought in to get it over with. Judge wanted it disposed of.”; “Carlos told Judge Blackmun he needed a new att[or]ney. Judge Blackmun called me into his office; didn’t speak to me; his case manager Carol, now Blackmun’s wife, said ‘judge wants you to take this; bad attorney; [Hernandez was] getting short end of the stick.’ And I took over. Blackmun called me in because guy was getting a raw deal; he just felt that justice was not being done.”).

  187. p. 119 “The less he knew…could represent them.”

    Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:50:05–6:51:56 (“There’s the reason that it didn’t mean anything to me. Number two is, maybe I’d ended up representing him, or someone else. I just . . . wasn’t something I needed to hear. But, sure, they would talk about that. When they [people in the trial judge's and District Attorney's office] said he was violent, they meant that Carlos Hernandez was a very dangerous man.”);

    Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 2 (“Carlos Her[n]andez: I don’t know if he did it [killed Wanda Lopez]. 1st lesson I learned was never to ask if they did it.”).

  188. p. 119 “Kelly scrupulously followed this rule with Carlos Hernandez.”

    Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:53:10–06:54:00:

    Q. When you had a beer with Carlos Hernandez on a hot July afternoon—

    A. Sure.

    Q. — when somebody needed a little refreshment. Or on other occasions when you were socializing with him or working with him in your endeavors, whether it was your campaigning or work at your home, did he ever intimate to you or suggest to you, hint to you, that he had committed serious crimes, hurt people, anything of that nature?

    A. [big pause] Sorta, kinda, maybe. And by that I mean, if he intimated, I would end it immediately. I didn’t want to hear it. I didn’t want to know about it, and so I didn’t need to hear that story. So, if anything was said or was beginning to be said, I would end it. I never was inebriated where I would, you know or had enough to drink where I would allow something like that to be said around me. There was kind of a courtly relationship in terms of . . . . I was the abogado You know? I was the lawyer. And yeah, I mean, you know, he wanted to tell his side or something. I might say, well, they’re saying this about you, you know? I don’t want to hear, but I think you might want to be aware that this is something that is being said. I remember telling him that a couple times. And, he would start to tell me his side and I would just say, that’s it.”

    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, 8, 9:

    Carlos Her[n]andez: I don’t know if he did it [killed Wanda Lopez]. 1st lesson I learned was never to ask if they did it. . . . [When Carlos would say] Something had happened; he had some problems; I was in public, so I had to cut it off. . . . I never asked what he had done but things came out about what Carlos had done. [One time] He said, “I beat up his girlfriend” (explaining why someone was hostile to him in a cantina). He told me things. He would start to tell me. That led me to tell him to shut up. . . . People say he bragged about things he did. If I could sense it wasn’t a time to be around him, I would ask him to leave. He would leave. . . . I wouldn’t let him brag. . . . Sure, he [Carlos Hernandez] would’ve confessed to me. He started to confess to me, but I stopped him. . . . I’d rather not know. If I wanted to, he would’ve told me.

  189. p. 119 “One of…’extremely dangerous person.’”

    Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:30:38–06:31:34, 06:36:40–06:38:02, 06:38:43–06:39:20, 06:48:33–06:49:47, 06:52:11–6:53:10:

    Clearly, I was fully aware of Carlos’s reputation. Carlos had a rather bad reputation for violence. Personally, other than I would sometimes see the end results because he’d be charged, and I would be told by [Detective] Paul, Rivera, about his violent past and violent nature. But, to be honest, I didn’t see that side of him. But obviously, as a criminal lawyer, I wasn’t a fool. I understood. . . . But usually the mention of Carlos Hernandez would allow other detectives to make comments. And about Carlos and stuff. I blew it off, but I understood that they truly believed that they knew who Carlos was, that Carlos Hernandez was a dangerous man and that he was someone to reckon with. . . . Carlos Hernandez was known. If someone said, “knife” and “Carlos Hernandez,” they’d know exactly what you were saying. If you were an active detective. If you were experienced in patrol in, not so much on the west side, but more on the Mary Street area, you’d know who Carlos was. I mean, come on! They all knew. . . . Well, I mean, I would hear the stories. And I would hear that, you know, that he was extremely violent when he was drinking, and that he was an extremely dangerous person. And it usually involved alcohol . . . But, you know, Carlos Hernandez, drinking . . . I believe the initial crime I represented him on involved alcohol. I believe almost all of his, the alleged crimes, he was involved in did involve some sort of drinking, some time during the evening, whatever evening it was. It usually involved him and alcohol. . . . I didn’t think of Carlos Hernandez in those terms, but often the crimes that I remember involved violence to women.

    Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 07:26:39–07:29:33 (“At one point [during my investigation of a city councilman,] my son was at home after school, and someone broke into our house. . . . And Carlos found out about it and asked it [sic] he, if I wanted him to look into it. . . . I imagine he would have beaten [the intruder] within an inch of his life. But that didn’t need to be done . . . .”).

  190. p. 120 “He’d heard…especially against women.”

    Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:30:38–06:31:34, 06:36:40–06:38:02, 06:38:43–06:39:20, 6:39:36–6:40:30, 06:48:33–06:49:47, 06:52:11–6:53:10:

    Clearly, I was fully aware of Carlos’s reputation. Carlos had a rather bad reputation for violence. Personally, other than I would sometimes see the end results because he’d be charged, and I would be told by Paul, Rivera, about his violent past and violent nature. But, to be honest, I didn’t see that side of him. But obviously, as a criminal lawyer, I wasn’t a fool. I understood. . . . But usually the mention of Carlos Hernandez would allow other detectives to make comments. And . . . about Carlos and stuff. I blew it off, but I understood that they truly believed that they knew who Carlos was, that Carlos Hernandez was a dangerous man and that he was someone to reckon with. . . . Carlos Hernandez was known. If someone said, “knife” and “Carlos Hernandez,” they’d know exactly what you were saying. If you were an active detective. If you were experience in patrol in, not so much on the west side, but more on the Mary Street area, you’d know who Carlos was. I mean, come on! They all knew. . . . You don’t talk much about other clients to clients, but occasionally, not so much from the clients, but there’d be a case of some violence of some sort. An aggravated assault or something. And you would see Carlos’s name mentioned as a possible suspect in a report. Or, maybe his name would come up. . . . Well, I mean, I would hear the stories. And I would hear that, you know, that he was extremely violent when he was drinking, and that he was an extremely dangerous person. And it usually involved alcohol . . . But, you know, Carlos Hernandez, drinking . . . I believe the initial crime I represented him on involved alcohol. I believe almost all of his, the alleged crimes, he was involved in did involve some sort of drinking, some time during the evening, whatever evening it was. It usually involved him and alcohol. . . . I didn’t think of Carlos Hernandez in those terms, but often the crimes that I remember involved violence to women.

  191. p. 120 “When the judge…warned him to be careful.”

    Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:30:38–6:31:34, 06:35:00–6:36:16:

    I would be told by [Detective] Paul, Rivera, about [Hernandez's] violent past and violent nature. . . . Paul would occasionally, initially especially, would say, “This is a real bad guy. He’s been involved in violence for years. He has just an uncontrollable temper, which goes off at times. He’s a very dangerous man.” And it would be followed up by other detectives. I was socially—my wife at the time was very friendly with the wife of a lieutenant in the police department, or a sergeant, I forget. And, so socially it would come up that I was Carlos Hernandez’s lawyer, and it was always lead to comments and talk.

    Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 7 (“CH [Carlos Hernandez] was notorious. Well known. . . . When [Judge] Jack Blackmun asked me to take the case, his court manager (Car[ol]) said I should know who CH was. DA said the same thing. They let me know at the time he was a real slime. I know they let me know that CH was a bad guy. Very notorious.”).

  192. p. 120 “But when Carlos…always cut him off.”

    Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:54:00:

    I mean, if [Hernandez] intimated, I would end it immediately. I didn’t want to hear it. I didn’t want to know about it, and so I didn’t need to hear that story. So, if anything was said or was beginning to be said, I would end it. I never was inebriated where I would, you know or had enough to drink where I would allow something like that to be said around me. There was kind of a courtly relationship in terms of—I was the abogado You know? I was the lawyer. And yeah, I mean, you know, he wanted to tell his side or something. I might say, well, they’re saying this about you, you know? I don’t want to hear, but I think you might want to be aware that this is something that is being said. I remember telling him that a couple times. And, he would start to tell me his side and I would just say, that’s it.”)

    Peso Chavez & James S. Liebman Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 3 (“I’m sure he was involved in other killings I hear[d] that.”);

    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, 8, 9:

    Carlos Her[n]andez: I don’t know if he did it [killed Wanda Lopez]. 1st lesson I learned was never to ask if they did it. . . . [When Carlos would say] Something had happened; he had some problems; I was in public, so I had to cut it off. . . . I never asked what he had done but things came out about what Carlos had done. [One time] He said, “I beat up his girlfriend” (explaining why someone was hostile to him in a cantina). He told me things. He would start to tell me. That led me to tell him to shut up. . . . People say he bragged about things he did. If I could sense it wasn’t a time to be around him, I would ask him to leave. He would leave. . . . I wouldn’t let him brag. . . . Sure, he [Carlos Hernandez] would’ve confessed to me. He started to confess to me, but I stopped him. . . . I’d rather not know. If I wanted to, he would’ve told me.

    Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 3, 6:

    I’m sure he [Hernandez] was involved in other killings I hear[d] that . . . . [Detective] Paul Rivera told me Carlos Hernandez committed other crimes. Paul resented that I got him [Hernandez] off [after Hernandez was charged with the Dahlia Sauceda killing in 1986]. Carlos had a reputation, and that reputation was probably well deserved. There was a litany of crimes (murders) that CH [Carlos Hernandez was said to have] committed. Not sure he committed all of them. . . . They [police] had a litany of sins they thought Hernandez had committed.

  193. p. 120 “‘Ungovernable temper after consumption of large amount of alcohol.’”

    Peso Chavez & James S. Liebman Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 2–5:

    Carlos Hernandez as person: At times very pleasant. Relatively thick Hispanic acc[]ent. Could be somewhat charming. Extremely violent temper. I’m sure you’ve heard that. Ungovernable temper after consumption of large amount of alcohol. Also used marijuana. Not coke. He would drink to excess and make mistakes. . . . For a street thug, he was very dependable. . . . I imagine he could be violent, merciless. People gave him a wide berth. . . . When he got angry, people could tell it and they gave him a wide berth. . . . Carlos H. worked minor construction until he got bored, then would [quit]. If no other way of getting money, he might steal. But he would work before stealing. Violent man . . . Occasionally he was around my children. He came around my house. As long as he was sober he was okay. [He] was not that bad. He took a bath before court and kept his mouth shut, just like a lawyer would ask. . . . Tough guy. Mexican. Let it be known he was tough. Nobody bothered him. I’m not sure he’s the villain you all want to make him out to be. . . . He did what I said: shut up, don’t talk to the cops; come to court clean. He was everything a lawyer could want. . . . He 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. . . . 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.

  194. p. 120 “‘People gave him a wide berth.’”

    See supra note 193.

  195. p. 120 “‘For a street thug, he was very dependable.’”

    See supra note 193.

  196. p. 120 “‘He took a bath…lawyer would ask.’”

    See supra note 193.

  197. p. 120 “In any event…done to Dahlia Sauceda.”

    Peso Chavez & James S. Liebman’s Notes on Interview with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 7:

    CH [Carlos Hernandez] was notorious. Well known. . . . When Jack Blackmun asked me to take the case, his court manager said I should know who CH [Carlos Hernandez] was. DA said the same thing. They let me know at the time he was a real slime. I know they let me know that CH was a bad guy. Very notorious. As of 1983, [Detectives] Rivera and Garza knew of CH. They never liked him. . . . Anyone in homicide [at the Corpus Police Department] w[ou]ld know who CH was. If you worked that area of town, they’d know.

  198. p. 120 “Instead…Rivera and Garza 1986.”

    Def.’s Mot. for Discovery, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. Dec. 2, 1986) at 1–2.

  199. p. 120 “After reading…let Carlos Hernandez alone.”

    Def.’s Mot. to Dismiss, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. Dec. 30, 1986) at 1:

    The Nueces County District Attorney’s Office is to provide Defendant Carlos Hernandez by and through his attorney of record, with the tape recording of the conversation between Defendant Carlos Hernandez and his mother made by the Corpus Christi Police Department during the period of Defendant Carlos Hernandez’ interrogation in the month of December, 1979. . . . The District Attorney’s Office is to provide Defendant Carlos Hernandez with a transcript of the conversation and interview between Asst. District Attorney Kenneth Botary and Defendant Carlos Hernandez, made on or about January 4, 1980.

    See supra note 43 and accompanying text.

  200. p. 120 “Too much time…prepare an effective defense.”

    Order Granting Mot. to Dismiss, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. Dec. 31, 1986) at 1:

    [I]t appearing to the Court that the State was not ready for trial within 150 days . . . and it further appearing to the Court that there would be serious questions involving the availability of witnesses, the Court finds that the Defendant’s motion should be granted. It is, therefore, ordered, adjudged, and decreed that the indictment herein is dismissed and the Defendant is ordered discharged.

    See James S. Liebman’s Notes on Interview with Bill May, Corpus Christi Criminal Defense Lawyer and Former Assistant District Attorney (July 13, 2004) at 1 (noting that he was the Assistant District Attorney assigned to the 1986 proceedings against Carlos Hernandez, and that the case had been dismissed because Kenneth Botary had taken possession of, and then lost, the tape recording of Hernandez’s discussion with his mother and the transcript of his conversation with Carlos).

  201. p. 120 “The tape-recorded conversation…produced either one.”

    Def.’s Mot. to Dismiss, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. Dec. 30, 1986) at 2:

    No effort was made to ascertain or discover whether there still existed a tape recording of the conversation between Carlos Hernandez and his mother made at the Corpus Christi Police Department during Defendant Hernandez’ interrogation in December, 1979. . . . That the District Attorney’s Office failed to make any attempt to locate a transcript of the conversation and interview between assistant District Attorney Kenneth Botary and Carlos Hernandez made in January of 1980.

  202. p. 121 “‘It’s Christmas.’”

    Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 1 (“Hernandez case. He remembers getting a dismissal near Xmas 1986. It was on TV when CH [Carlos Hernandez] walked. Channel 6 (has offices on Staples near downtown). Newsman got interested because Carlos was in jail for so long. I would make a lot of noise, and that probably caught the newsman’s ear. . . . News tape showed Carlos Hernandez walking away. JK [Jon Kelly] remembers saying something about “it’s xmas” when asked why the judge did it. Reporter gave a run down of how long it had taken to try the case.”).

  203. p. 121 “Although they had him…somehow lost them.”

    James S. Liebman’s Notes on Interview with Bill May, Corpus Christi Criminal Defense Lawyer and Former Assistant District Attorney (July 13, 2004) at 1 (noting that he was the Assistant District Attorney assigned to the 1986 proceedings against Carlos Hernandez, and that the case had been dismissed because Kenneth Botary had taken possession of, and then lost, the tape recording of Hernandez’s discussion with his mother and the transcript of his conversation with Carlos).

  204. p. 121 “Carlos knew a good thing…ran for office.”

    Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 4, 6 (“When I was running for office, I had him [Carlos Hernandez] put up signs. He would do it.”; “When CH [Carlos Hernandez] was sober, he was relatively pleasant. He did work at my house.”).

  205. p. 121 “Carlos could be…with a chuckle.”

    Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 07:32:08–07:33:54 (“Q. You said that you used Carlos Hernandez to do some investigation for you, to provide information. A. Sure I did.”);

    Peso Chavez & James S. Liebman Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 5, 8, 9:

    If I needed information in the community, he [Carlos Hernandez] could get it. People didn’t lie to him[.] Could use his information in court. You could rely on it. People told him things because they were scared. 2 or 3 things he told me were useful to me in very serious cases where I made serious money. Mary St. was very violent, and he could get me information there. . . . Carlos did what I asked. He did me favors. I’d say, “Carlos, do you know about a guy name xxx.” He would come back. . . . [The professional investigators in town who were Hispanic] were lifers, in Army security—elite; their Spanish would stick out in the barrio. By contrast, Carlos H[ernandez] knew how to talk to people in the barrio. He was convincing (laughs). I asked him to find out, and he would find out. . . . 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. . . . He [Hernandez] helped me on 2 or 3 cases. I wouldn’t have gotten information in those cases without him.

  206. p. 121 “He took the offer as a gesture of respect but turned it down.”

    Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 07:26:39–07:29:33:

    There was a situation where a city councilman was caught doing something he shouldn’t have been doing. And I was hired by a group of citizens to prosecute, before the city council, the ouster, pursuant to the city charter, of that person. It was an extremely political case and was front page news for the good part of a month, lead story on the six-o-clock news three, at least three days a week. It was an ethnic, degenerated into, it had really nothing to do with that, but it degenerated into: It was the power structure and that person, Frank Mendez, was their boy, and the outsiders, and they played pretty rough. At one point my son was at home after school, and someone broke into our house. And my son saw him and had enough brains to call the cops. And Carlos found out about it and asked it [sic] he, if I wanted him to look into it. Because there was no way the cops could identify the person. Couldn’t expect them to. . . . I would have imagined he would have taken care of the problem. I understood . . . I considered it a gesture of respect.

  207. p. 121 “…continuing run-ins with the law…”

    See, e.g., infra Chapter 17 notes 87–99 and accompanying text.

  208. p. 121 “…stop her son Javier from beating her.”

    Protective Order, In re Fidela Gonzalez Hernandez and Javier Hernandez, No. 87–6919-H (Nueces Cty., 347th Dist. Tex. Jan. 27, 1988) at 2;

    Application for Protective Order, In re Fidela Gonzalez Hernandez and Javier Hernandez, No. 87–6919-H (Nueces Cty., 347th Dist. Tex. Dec. 22, 1987) (“This application is brought on behalf of FIDELA GONZALEZ HERNANDEZ by JON J. KELLY, a licensed attorney in Nueces County, Texas.”).

  209. p. 121 “They drank beer…notorious local cantinas.”

    Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:47:13–06:48:07, 06:33:16–6:34:22 (“I used to like Schlitz, and we would drink that. Smoke grass. I mean, [Hernandez] was—But I never saw him deeply involved in drugs. I don’t remember him as an intravenous drug user. . . . 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:

    “I saw in the reaction to him by people [at the cantina] that they gave him some berth.” Which Cantina: 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. Why did you go? He wanted me [to go]. 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.

    Peso Chavez & James S. Liebman Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 4–5, 7 (discussing a confrontation in a bar Kelly saw when he went there with 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 don’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.”; “JK [John Kelly said he] smoked grass with him [Carlos Hernandez]“);

    see Transcribed Videotape Interview with Marcella Brown, Friend of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 13:34:04–13:34:48 (recalling Carlos Hernandez discussing his and Jon Kelly’s use of marijuana).

  210. p. 121 “Something about…appealed to the lawyer.”

    Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:32:07–06:34:22 (“We even went to a cantina on Port Street one time. And I think what you remember about Carlos Hernandez and I walking into that cantina was that it was very clear in that cantina that he was known. . . . And, you know, you knew that something, that people were saying, “That’s Carlos Hernandez.” I got that feeling.”);

    Peso Chavez & James S. Liebman Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 2, 3, 5, 6, 8 (describing his impression of Hernandez: “At times very pleasant. . . . Could be somewhat charming.”; “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.”; “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. . . . I kind of like him.”; “He wasn’t a genius but he was good.”; “Calls him [Carlos Hernandez] ‘Carlito.’”).

  211. p. 121 “There were some…didn’t want to know.”

    Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:54:00:

    I mean, if [Hernandez] intimated, I would end it immediately. I didn’t want to hear it. I didn’t want to know about it, and so I didn’t need to hear that story. So, if anything was said or was beginning to be said, I would end it. I never was inebriated where I would, you know or had enough to drink where I would allow something like that to be said around me. There was kind of a courtly relationship in terms of—I was the abogado You know? I was the lawyer. And yeah, I mean, you know, he wanted to tell his side or something. I might say, well, they’re saying this about you, you know? I don’t want to hear, but I think you might want to be aware that this is something that is being said. I remember telling him that a couple times. And, he would start to tell me his side and I would just say, that’s it.”)

    Peso Chavez & James S. Liebman Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 2, 4, 5, 8, 9 (“Carlos Her[n]andez: I don’t know if he did it [killed Wanda Lopez]. 1st lesson I learned was never to ask if they did it.”; “[When Carlos would say] Something had happened; he had some problems; I was in public, so I had to cut it off.”; “I never asked what he had done but things came out about what Carlos had done. [One time] He said, ‘I beat up his girlfriend’ (explaining why someone was hostile to him in a cantina). He told me things. He would start to tell me. That led me to tell him to shut up.”; “People say he bragged about things he did. If I could sense it wasn’t a time to be around him, I would ask him to leave. He would leave. . . . I wouldn’t let him brag.”; “Sure, he [Carlos Hernandez] would’ve confessed to me. He started to confess to me, but I stopped him. . . . I’d rather not know. If I wanted to, he would’ve told me.”).

  212. p. 121 “Others…telling them what he knew.”

    See, e.g., Peso Chavez Notes on Interview with Michelle Garza, Friend of Carlos Hernandez (Aug. 28, 2004) at 1 (“During this period Carlos was in and out of prison [sic—probably jail]. She stated, ‘I don’t recall why he was in prison but I do recall one day he told me and Cindy [Maxwell] that he had killed a lady in a van. I had always thought he was just making it up until Cindy told me he had stabbed some other lady.’”).

  213. p. 121 “…providing details on the latter case.”

    Sita Sovin & Lauren Eskenazi’s Notes on Interview with Beatriz Castro, Neighbor of Fidela Hernandez (Oct. 23, 2004) at 2 (recalling that Hernandez admitted to Beatriz’s son Ronnie that he (Hernandez) had killed Dahlia Sauceda);

    Peso Chavez’s Notes on Interview with Johnny Ybañez, Son of a Friend of Carlos Hernandez (Aug. 4, 2004) at 1–2 (“I remember one time he bragged about a girl that he had killed in a van—I don’t recall names—but he said there was a little girl inside”).

  214. p. 122 “Pricilla would run…say things like that.”

    James S. Liebman’s Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Dec. 3, 2004) at 3 (“CH [Carlos Hernandez] spoke of killing a woman in a van. Him bragging saying he hurt someone. She was in a van. . . . C. [Carlos] Hernandez saying things like that. I’d run inside to my grandmother; when my mother came, I’d go with her. . . . It was a little girl [in the van]. ‘Oh, my god.’ [Pricilla] Cried. ‘Getting chills all around me.’ ‘Numb. It was ugly,’ (crying) she remembers.”).

  215. p. 122 “When Carlos fought…’that bitch of yours.’”

    Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 14:13:41–14:14:25 (“But before [Hernandez] did that, before we got into that fist fight, he’s coming with the ax handle before I took the handle, and he says, ‘I’m going to kick your ass. I’m going to kill you just like I killed that bitch of yours.’ Just like that. Every time we got into a fight, he would always bring that up. . . . [He was talking about] Dahlia Sauceda. ‘Just like I killed that bitch’ . . . .”);

    Peso Chavez’s Notes of Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 2 (“He [Carlos Hernandez] even told me he had killed her. When he was drunk and we would have a fight he would tell me ‘I’m going to kill you just like I killed that fucking bitch Dahlia.’”).

  216. p. 122 “Freddy also heard…to killing Dahlia.”

    Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 14:14:25–14:14:40 (“In fact, he confessed to my wife. He told my wife that he did it because he wanted to get her [Dahlia Sauceda] out of the way and he didn’t want my wife to suffer any more, that that’s the reason he did what he did.”).

  217. p. 122 “‘Carlos felt guilty…by killing Dahlia.’”

    Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 3 (“Carlos told Paula that he did Paula a favor by killing Dahlia who was having an affair with Freddy. Carlos said he sliced he[r] throat and put an X on her back. Paula told Rita that Carlos told her that. Carlos felt guilty for killing Louis [Sissamis] in th[e] car accident and was trying to make it up to Paula by killing Dahlia.”);

    see supra note 16 and accompanying text; supra Chapter 6, note 220 and accompanying text (discussing the car accident in which Carlos Hernandez killed Louis Sissamis, his sister Paula’s fiancé).

  218. p. 122 “Paula even told…on a woman’s back.”

    Peso Chavez’s Notes on Interview with John Michael Schilling, Nephew of Carlos Hernandez (Aug. 12, 2004) at 2 (“I do recall my mother telling me that Carlos [Hernandez] had carved an ‘X’ on someone’s back.”).

  219. p. 122 “One was his ability to kill and get away with it.”

    Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:35:40 (“Carlos was always bragging about things he did in the past. Like, when he hurt this girl called Dahlia.”);

    Peso Chavez’s Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14 and 15, 2004) at 2 (“I remember numerous times when Carlos Hernandez would be in the living room and he would make fun about how he killed the girl at the gas station and the one in the van. He would brag about how [Jesse] Garza and Carlos DeLuna—he would call Carlos his tocallo—were blamed for it and he was the one that had killed them”);

    see supra Chapter 6, notes 88–89, 104 and accompanying text.

  220. p. 122 “He almost killed the baby as well but didn’t.”

    Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:35:40–03:41:28:

    Carlos was always bragging about things he did in the past. Like, when he hurt this girl called Dahlia. He stabbed her. And then somebody else was arrested for it. He was always bragging about the way he would do things. . . . Carlos mentioned about [a killing] that he did at a Circle K. And another one on a van. He killed her in front of a little girl. A baby. . . . And he was always bragging about things that he did, like stabbing people. He talked about two girls that he did. One of them was Dahlia. I don’t know her last name or anything, but he was bragging about the way he stabbed her and he was going to, or, he put an X on her back. And that he had, Carlos killed her in front of her little girl. And that he thought about doing the little girl too, but he didn’t.

  221. p. 122 “Dahlia had…with her and some others.”

    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 1–2 (“After the Casino Club closed for the night Pedro and Jesse stepped outside the club. A brown van pulled up driven by Dahlia with a Hispanic male sitting in the front passenger seat (later to be identified as Carlos Hernandez). . . . Dahlia asked Carlos to get in the back of the van and Jesse sat next to Dahlia in the front passenger seat. Pedro got in the back of the van with Carlos and another Hispanic male . . . .”).

  222. p. 122 “And there was…Carlos Hernandez.”

    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 (“Either the next day or the day after, Pedro heard that Dahlia had been murdered. Pedro knew from what Carlos had said as he and Jesse left the van that Carlos murdered Dahlia.”).

  223. p. 123 “His fury at…the handsome Garza.”

    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 1–2:

    One particular evening at the Casino Club in 1989 [sic, 1979] an attractive female (later to be identified as Dahlia Sauceda) began buying Pedro’s friend Jesse Garza beers. Dahlia appeared to have lots of money and to be attracted to Jesse. After the Casino Club closed for the night Pedro and Jesse stepped outside the club. A brown van pulled up driven by Dahlia with a Hispanic male sitting in the front passenger seat (later to be identified as Carlos Hernandez). Dahlia asked Jesse and Pedro if they wanted to drive around with her in the van and party? Dahlia asked Carlos to get in the back of the van and Jesse sat next to Dahlia in the front passenger seat. Pedro got in the back of the van with Carlos and another Hispanic male . . . .

    On Hernandez’s relationship with Sauceda, see supra note 16 and accompanying text.

  224. p. 123 “Finally, he challenged Jesse to fight.”

    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:

    In addition to the men in the back of the van, there were alcohol and drugs. Pedro drank beer, and Carlos and the other man drank, smoked marijuana and snorted what Pedro thought to be cocaine. Dahlia drove for hours and hours. At some point during the drive, they had a flat tire and Dahlia picked her small daughter up from the babysitter. Dahlia’s daughter stayed in the front of the van with Jesse and Dahlia. Carlos eventually became high, drunk and mean. Carlos began talking tough to Jesse saying how he would like to fight with him. As Carlos became more and more aggressive towards Jesse, Pedro and Jesse decided it was time to get out of the van and away from Carlos. Dahlia dropped Jesse and Pedro off in the downtown area of Corpus. 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. Pedro was frightened for Dahlia and her daughter as he and Jesse left the van. Either the next day or the day after, Pedro heard that Dahlia had been murdered. Pedro knew from what Carlos had said as he and Jesse left the van that Carlos murdered Dahlia.

  225. p. 123 “Until he saw Carlos’s death…mother and father.”

    See supra note 224.

  226. p. 123 “While not the sharpest person…had killed Dahlia.”

    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:

    In addition to the men in the back of the van, there were alcohol and drugs. Pedro drank beer, and Carlos and the other man drank, smoked marijuana and snorted what Pedro thought to be cocaine. Dahlia drove for hours and hours. At some point during the drive, they had a flat tire and Dahlia picked her small daughter up from the babysitter. Dahlia’s daughter stayed in the front of the van with Jesse and Dahlia. Carlos eventually became high, drunk and mean. Carlos began talking tough to Jesse saying how he would like to fight with him. As Carlos became more and more aggressive towards Jesse, Pedro and Jesse decided it was time to get out of the van and away from Carlos. Dahlia dropped Jesse and Pedro off in the downtown area of Corpus. 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. Pedro was frightened for Dahlia and her daughter as he and Jesse left the van. Either the next day or the day after, Pedro heard that Dahlia had been murdered. Pedro knew from what Carlos had said as he and Jesse left the van that Carlos murdered Dahlia.

    See 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[d] they had enough driving around and asked Dahlia to drop them off near the down town [sic] area of Corpus Christi.”).

  227. p. 123 “If Pedro said anything…go after his family.”

    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 (“Within a couple weeks of Dahlia’s death, Pedro was confronted by three Hispanic males outside the Casino Club. The men started beating Pedro and told him the beating was from Carlos and if he (Pedro) said anything about the murder he and his family would be killed. A friend of Pedro’s walked by, saw the beating, and helped Pedro and the men left the area. Pedro never told anyone except his mother and father about the Dahlia murder because of the threats to him and his family.”);

    Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 19:17:06 (“And I was told [by a detective] that Pedro had been beaten up. I’m not sure if it was in the Casino Club or that area. . . . [The detective] said, ‘Somebody let word out and Pedro got beaten up by Carlos or somebody in the clique, the group.’ . . . [I]t did happen. And I remember that.”).

  228. p. 123 “He had no interest…other side of Carlos’s knife.”

    See James S. Liebman, DeLuna—New Document Analysis—Players Data Base 6–05, at Rows 239, 240 (entries for Pedro J. Olivarez Jr. and Sr.) (Aug. 9, 2005) (reporting statement by Pedro J. Olivarez, Sr., Pete Olivarez’s father, to investigator Bruce Whitman that “CH [Carlos Hernandez] also sodomized Pedro at one point”—that “CH terrorized, and raped, Pedro, Jr., and threatened the family if Pedro, Jr. told the truth about who killed Dahlia Sauceda”); 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 (“Pedro never told anyone except his mother and father about the Dahlia murder because of the threats to him and his family. . . It was only with prompting from his mother and looking at certified copy of Carlos Hernandez’s Death Certificate that Pedro was willing to talk about what he knew about Dahlia’s murder.”).

  229. p. 123 “…for murdering Dahlia…”

    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 Olivares [sic] 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 Saucado’s [sic] 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.

    See also Tamara Theiss’s Notes of Interview with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases (Feb. 27. 2005) at 2 (“I recall the eyewitness Pete Olivarez, who was also under suspicion for the murder.”).

  230. p. 123 “He knew that Jesse hadn’t killed Dahlia Sauceda.”

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

    see 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.”).

Testimony in Court and Depositions

  1. Kenneth Botary, Prosecutor at Trial of Jesse Garza and Trial of Carlos DeLuna, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);

  2. 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);

  3. Roger Fuentes, Stepbrother of Jesse Garza, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);

  4. 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);

  5. Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);

  6. Fidela Hernandez, Mother of Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);

  7. 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);

  8. 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);

  9. 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);

  10. 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);

  11. Paul Rivera, Corpus Christi Police Detective, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);

  12. Joseph C. Rupp, Medical Examiner, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);

  13. 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);

  14. 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);

Other Primary Records

  1. Application by Court Appointed Defense Counsel for Compensation, Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);

  2. Application for Protective Order, In re Fidela Gonzalez Hernandez and Javier Hernandez, No. 87–6919-H (Nueces Cty., 347thDist. Tex. Dec. 22, 1987);

  3. Corpus Christi Police Dep’t, Interrogation Report on Jesus Zaragosa Garza, Jr. (Nov. 28, 1979);

  4. Corpus Christi Police Dep’t, Interrogation Report on Pedro Olivarez, Jr. (Nov. 29, 1979);

  5. Crime Scene Photograph P10100001, Corpus Christi Police Dep’t (Nov. 20, 1979);

  6. Crime Scene Photograph P10100004, Corpus Christi Police Dep’t (Nov. 20, 1979);

  7. Criminal Offense Report, Texas Dep’t of Public Safety (Nov. 21, 1979);

  8. Def.’s Mot. for Change of Counsel, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. 1986);

  9. Def.’s Mot. for Continuance, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. 1986);

  10. Def.’s Mot. for Discovery, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. Dec. 2, 1986);

  11. Def.’s Mot. to Dismiss, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. Dec. 30, 1986);

  12. DeLuna—New Document Analysis—Players Data Base 6–05, at Rows 239, 240 (entries for Pedro J. Olivarez Jr. and Sr.) (Aug. 9, 2005);

  13. Edwin DeSha, Jr., Polygraph Report of Carlos Hernandez, Texas Dep’t of Pub. Safety (Dec. 11, 1979) ;

  14. Edwin DeSha, Jr., Polygraph Report of Freddy Schilling, Texas Dep’t of Pub. Safety (Nov. 20, 1979);

  15. Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report in Dahlia Sauceda Homicide (Nov. 20, 1979);

  16. Diana Gomez, Girlfriend of Carlos Hernandez, Statement to Corpus Christi Police Dep’t (Apr. 17, 1986);

  17. Carlos Hernandez, Suspect in Murder of Dahlia Sauceda, Statement to Corpus Christi Police Dep’t (Dec. 10, 1979);

  18. Mot. for Reduction of Bond, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. 1986);

  19. Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Statement to Corpus Christi Police Dep’t (Nov. 29, 1979);

  20. Order Appointing an Attorney, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. Nov. 13, 1986);

  21. Order Granting Mot. to Dismiss, State v. Hernandez, No. 86-CR–1032 (Nueces Cty., 117th Dist. Tex. Dec. 31, 1986);

  22. James R. Peters, Corpus Christi Ranger, Progress Report in Dahlia Sauceda Investigation (Nov. 20, 1979);

  23. Protective Order, In re Fidela Gonzalez Hernandez and Javier Hernandez, No. 87–6919-H (Nueces Cty., 347th Dist. Tex. Jan. 27, 1988);

  24. Reindictment, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. 1986);

  25. Paul Rivera, Corpus Christi Police Detective, Supplementary Report (Nov. 30, 1979);

  26. Paul Rivera, Corpus Christi Police Detective, Supplementary Report (Dec. 14, 1979);

  27. Paul Rivera, Corpus Christi Police Detective, Supplementary Report (July 16, 1986);

  28. State’s Announcement of Ready, Texas v. Hernandez, No. 86-CR–1032-B (Nueces Cty., 117th Dist. Tex. 1986) (p. 44 of set);

Transcribed Videotape Interviews

  1. Transcribed Videotape Interview with Marcella Brown, Friend of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005);

  2. Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005);

  3. Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004);

  4. Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004);

  5. Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004);

  6. Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005);

  7. Transcribed Videotape Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez, in Corpus Christi (Feb. 23, 2005);

  8. Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005);

  9. Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004);

Notes from Other Interviews

  1. Bruce Whitman’s Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Sep. 23–24 and 27, 2004);

  2. Lauren Eskenazi & Sita Sovin’s Notes on Interview with Beatriz Castro, Friend of Fidela Hernandez (Oct. 23, 2004);

  3. Tamara Theiss’s Notes on Interview with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases (Feb. 27. 2005);

  4. Bruce Whitman’s Notes on Interview with Jesse Garza, Defendant in Dahlia Sauceda Killing (Aug. 12, 2004);

  5. Peso Chavez’s Notes on Interview with Michelle Garza, Neighbor of Carlos Hernandez (Aug. 28, 2004);

  6. Bruce Whitman’s Notes on Interview with Fidela Hernandez, Mother of Carlos Hernandez (Aug. 7, 2004);

  7. Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004);

  8. Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sep. 14, 2004);

  9. Sita Sovin & Lauren Eskenazi’s Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Sep. 16, 2004);

  10. Lauren Eskenazi & Sita Sovin’s Notes on Interview with Priscilla Hernandez Jaramillo, Niece of Carlos Hernandez (Oct. 29, 2004);

  11. James S. Liebman’s Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Dec. 3, 2004);

  12. Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004);

  13. James S. Liebman’s Notes on Interview with Bill May, Corpus Christi Criminal Defense Lawyer and Former Assistant District Attorney (July 13, 2004);

  14. 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);

  15. Bruce Whitman’s Notes on Interview with Yolanda Ortiz, Owner of Casino Club (Sep. 21, 2004);

  16. James S. Liebman’s Notes on Interview with Paul Rivera, Corpus Christi Police Detective (July 14, 2004);

  17. Peso Chavez’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (July 21 and 23, 2004);

  18. Peso Chavez & James S. Liebman’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004);

  19. Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004);

  20. Peso Chavez’s Notes on Interview with John Michael Schilling, Nephew of Carlos Hernandez (Aug. 12, 2004);

  21. James S. Liebman’s Notes on Steve Mills’s Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Nov. 3, 2005);

  22. Peso Chavez’s Notes on Interview with Johnny Ybañez, Son of a Friend of Carlos Hernandez (Aug. 4, 2004);

News Reports

  1. Acquitted Man Hopes Arrest of Another Man Will Help Clear His Name, Corpus Christi Caller-Times, July 25, 1986;

  2. Libby Averyt, City Man is Jailed in 7-Year-Old Murder Case, Corpus Christi Caller-Times, July 25, 1986;

  3. Christy Hoppe, County Grand Jury Indicts Man for Beating Death of Woman, Corpus Christi Caller-Times;

  4. Jay Jordan, Man Being Held in Beating Death, Corpus Christi Caller-Times, Nov. 30, 1979;

  5. Jay Jordan, Nude Woman Found Dead in Van, Corpus Christi Caller-Times, Nov. 21, 1979;

Figure 7.1:

image

Police photographs of Jesse Garza’s bruised hands after he punched the wall while being interrogated about the murder of Dahlia Sauceda (left) and Pedro Olivarez after his arrest for the murder (right).
 
 
 

Figure 7.2:

image

Jesse Garza (top left) and Pedro Olivarez (top right and middle left) in happier times at the Casino Club; (middle right and bottom) Casino Club patrons in the late 1970s and early 1980s.
 
 
 

Figure 7.3:

image

The Corpus Christi Caller-Times photograph of the arrest of Carlos Hernandezin July 1986 for the murder of Dahlia Sauceda. At left is Jesse Garza, who had been acquitted of the crime. The arresting officers are Detectives Paul Rivera (with an X drawn on his face) and Eddie Garza.