1. p. 135 “After several years…major crimes and homicide.”

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 6, 2004) at 00:01:33–00:03:35:

    [M]y name is Edward S. Garza. . . . I’m a resident of Corpus Christi, Texas, I’ve lived here, was raised here and born here in Corpus, Nueces [County], Texas. Went through the public school system here, attended Miller high school, where I graduated, and I was in the Army reserves, then I was full time in the Air Force. After getting out of the Air Force back in 1960 I started working for the city of Corpus Christi and later on in ’64 I was employed by the Corpus Christi police department, where I retired from service in 1988. I worked in numerous jobs. I worked in patrol for ten years, where I established a good rapport with the citizens of Corpus Christi, and I had many friends, many informants, and later on in 1970, I believe, I was promoted to Sergeant and I went to work in the criminal investigation division, where I was working in the burglary division, theft division, auto theft, and later on went and worked on several homicides and then I was assigned to the major crimes division, where we handle all unsolved murders and different types of crimes that were committed. . . . [I] was a sergeant and . . . was assigned to the major crimes division of the Corpus Christi police department.

  2. p. 135 “As Garza told him…’[his] informants.’”

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 6, 2004) at 00:04:19–00:05:20:

    Q. You mention that you had informants, people you worked with on the street during your career.

    A. I had developed a good rapport with the community and several criminals that later on I turned them to be informants of mine because without a good informant . . . you’re only as good as your informant is, as a police officer, especially in investigations. You don’t get it out all on your own, you have to have people that rely on you helping them on some issues that they have, and they also recognize you as a person that is going to not reveal the name of the source of the information that you get.

  3. p. 135 “You have to develop rapport…with information.”

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 6, 2004) at 00:04:29–00:05:20 (“You don’t get it out all on your own, you have to have people that rely on you helping them on some issues that they have, and they also recognize you as a person that is going to not reveal the name of the source of the information that you get.”).

  4. p. 135 “By 1983…network of informants.”

    Transcribed Videotape Interview of Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 00:27:32–00:27:59:

    We had a tendency, me and my partner, that we would stop and talk to all the people that were hanging around in that area [where they would patrol], try to identify who was hanging around with who, and who ran with who, in case later on there was a crime committed, we could actually pinpoint, by description of these individuals, who might be involved in these particular crimes that were committed in that general area.

  5. p. 135 “After working hundreds…kinds of crimes.”

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:03:35–00:04:19, 00:38:57–00:40:37 (noting that, from 1970 to 1988, he was involved in investigating “between one to two, two hundred and fifty cases . . . dealing with aggravated assault, murders, suicides” and other major crimes).

  6. p. 135 “A teenager…Eddie Garza hearing about it.”

    See Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 2 (describing Eddie Garza and his partner Paul Rivera as “the top homicide investigators” in Corpus).

  7. p. 135 “Within a few weeks…naming the same person.”

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:08:47–00:13:37:

    A. I had other information as to another suspect that probably was involved in the crime itself.

    Q. Who was that other individual?

    A. That other individual was Carlos Hernandez, the one that I felt was the one that had committed this particular crime.

    Q. And when did you begin to feel that Carlos Hernandez had committed the crime?

    A. From information that I had received from other informants that Carlos DeLuna, the person that was convicted of the crime, had not done this particular crime. He was arrested, yes, he was arrested by a constable. . . . But, later on, like I said, I developed information as to Carlos Hernandez being a person that had actually committed this crime.

    Q. When did you develop that information, Mr. Garza?

    A. It was a few weeks after the crime had been committed and Carlos DeLuna had been arrested and charged with capital murder in regards to this case. The information that we got, that Carlos Hernandez had gotten someone else to take a fall for him in regards to this crime. And the evidence that was collected at the scene did not, did not prove that Carlos DeLuna had actually committed this crime.

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:14:25–00:15:44:

    Q. When the [Wanda Lopez] crime occurred, you indicated that you, soon after the homicide was committed, became aware of an individual who, you were told, through informants, had committed the crime. As I recall, that person was Carlos Hernandez. Again, when did you become aware of Carlos Hernandez and who made you aware of Carlos Hernandez?

    A. Approximately two or three weeks [after the killing]. There was talk from a couple of my informants that the person that they had arrested for this particular crime was not the person that had committed the crime. The person that had actually committed the crime was Carlos Hernandez, and Carlos DeLuna was the person that was being held for the crime itself. And these informants, like I said, relied on information that they had received by talking to some of the people that they congregate with in the streets.

    Steve Mills & Maurice Possley, The Secret That Wasn’t, Violent Felon Bragged that He Was Real Killer,Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory :

    And one of Corpus Christi’s senior detectives at the time of the crime now says he believes De Luna was wrongly executed. The former detective, Eddie Garza, said tipsters told him that Hernandez killed Lopez, the mother of a 6-year-old girl. Yet it appears those tips were not pursued.

    While some in Corpus Christi kept silent about Hernandez, others apparently did not.

    Garza, a detective at the time, recalled getting tips just days after De Luna was arrested that someone else was talking about how he had stabbed the gas station clerk.

    “We were getting information that Carlos Hernandez was the one that had done the case,” said Garza, who now is a private investigator. “Several people were telling us that.”

    Garza says he passed along the information to the detective leading the investigation, Olivia Escobedo. Archived at: http://perma.cc/WZT7-3WYM.

  8. p. 135 “It was name…charged with capital murder.”

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:22:43–00:23:30, 00:24:04–00:24:15:

    Q. Mr. Garza, you are familiar with Carlos Hernandez when he was a young man. Is that correct?

    A. Yes, I arrested him several times for several crimes: petty theft crimes and little assault cases and stuff. He was always getting involved in some type of crime or another. The guy had an arrest record—unbelievable. And he had been arrested numerous times for different types of crimes. . . .

    Q. Did the criminal investigation division, were they aware of Carlos Hernandez? A. Myself and my partners, we were well aware of Carlos Hernandez and what he was capable of doing.

  9. p. 135 “Word was…someone else to take the fall.”

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 6, 2004) at 00:10:11–00:13:37 (“From information that I had received from other informants that Carlos DeLuna, the person that was [arrested for] the crime, had not done this particular crime. He was arrested, yes . . . . But, later on . . . I developed information as to Carlos Hernandez being a person that had actually committed this crime. . . . The information that we got [was] that Carlos Hernandez had gotten someone else to take a fall for him in regards to this crime.”).

  10. p. 136 “The longtime cop…arrested him several times.”

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 6, 2004) at 00:18:07–00:19:12 (“I knew Carlos Hernandez ever since he was a juvenile because I arrested him many times. And he lived around the Carrizo-Laredo Street area. And he was always involved in some type of crime . . . . He was always getting involved in fights within the area.”).

  11. p. 136 “Hernandez was always getting into trouble.”

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 6, 2004) at 00:17:16–00:19:12.

  12. p. 136 “He was always…on Carrizo Street.”

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 6, 2004) at 00:18:07–00:19:12 (“I knew Carlos Hernandez ever since he was a juvenile because I arrested him many times. And he lived around the Carrizo-Laredo Street area. . . . He was always getting involved in fights within the area.”);

    Bruce Whitman & James S. Liebman’s Notes on Interview with Eddie Garza, Corpus Christi Police Detective (Aug. 25, 2004) at 2 (“CH [Carlos Hernandez] was bad ass. Terror of neighborhood. Everyone was afraid of him. He ha[d] people beat the crap out of [other] people, or he would do it. They looked to him as a leader.”);

    see supra Chapter 6, notes 90–92, 103–104, 118–120, 156, 193–195, 203, 220–221 and accompanying text; Chapter 8, notes 17–18 and accompanying text.

  13. p. 136 “Decades after the face…especially his ‘look.’”

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 6, 2004) at 00:30:55–00:32:20:

    Q. Mr. Garza, your experience with Carlos Hernandez: What type of crimes did he commit?

    A. Carlos Hernandez was almost always assaulting women and assaulting guys. And his weapon of choice was a knife. He always had a knife on him. And most of the time it was cutting up people or hitting them with a beer bottle or something. But he was always involved in mostly violent crimes.

    Q. Do you have any recollection of the type of weapon, what type of knife he used?

    A. The type of knife was a sort of . . . I arrested him one time and the knife that he had was a regular, like a buck knife, you would say. It’s a buck knife, and then it has a retraction button at the rear of the deal which it sets on top. You push that button then you pull the blade and it locks. The blade will lock.

  14. p. 136 “It was the look…’feel the threat there.’”

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 6, 2004) at 01:43:20–01:44:45:

    Carlos Hernandez, you would look at the guy, and you look straight in his eyes and you could see that cold, cold person, like he could stare straight through you. And it was a sort of a frightening, mean look that Carlos Hernandez had. . . . You can tell a person, when a person has meanness and a person is violent, you can see it right straight in the eyes. I handled many, many criminals, and you get a cold feeling when you look at a person like that that has a sordid stare. . . . You look at Carlos Hernandez and you look at him straight in the eye, you kind of feel a threat there. . . .

    Bruce Whitman & James S. Liebman’s Notes on Interview with Eddie Garza, Corpus Christi Police Detective (Aug. 25, 2004) at 2 (“If anyone was violent or mean, it was Carlos Hernandez. He would stare right through you; cold; no feelings.”).

  15. p. 136 “By 1983…beat almost any rap…”

    Sita Sovin & Lauren Eskenazi’s Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Sept. 16, 2004) (“CH [Carlos Hernandez] always carried a knife. He thought he was “a certain kind of bully—he thought he was untouchable.”).

  16. p. 136 “Of course…armed robberies in 1972.”

    See supra Chapter 6, notes 144–149, 164–171 and accompanying text.

  17. p. 136 “Somehow…probation in the 1970 case…”

    Juvenile Record for Carlos Hernandez (Case No. 9699), Corpus Christi Police Department (March 21, 1971) at 1:

    Referral 1–22–71: The call sheet indicates that, on the marginal date, Carlos Hernandez, Jr. was referred on a charge of negligent homicide. The call sheet indicates that he had been picked up on a warrant 5536 issued out of JP Court by Judge Cantu for the aforementioned offense. Official reports and subject questioning indicates that Carlos had been driving the automobile of his sister’s boyfriend. The boy-friend was on the far right side, the sister of Hernandez was in the middle. The accident ensued and the boyfriend, was killed, the sister was injured. . . . Court Hearing and Disposition 2–11–71: . . . Carlos gave an account of the incident and Judge Martineau agreed to follow the recommendations of this department by placing the boy on official probation for an indefinite period of time.

    See supra Chapter 6, notes 148–149 and accompanying text.

  18. p. 136 “…five years for the four 1972 felonies combined.”

    See Texas Dep’t of Criminal Justice, Bd. of Pardons and Parole, Certificate of Parole for Carlos Hernandez (Dec. 7, 1977) (“Parole Release Effective January 4, 1978″);

    supra Chapter 6, notes 171–172 and accompanying text.

  19. p. 136 “In late 1979…the back of her vans.”

    See supra Chapter 7, notes 20–43, 88–90 and accompanying text; see also James S. Liebman’s Notes on Interview with Paul Rivera, Corpus Christi Police Detective (July 14, 2004) at 1:

    In jail, an attorney came along with an investigator related to [Jesse] Garza helping [out]. (This is Eddie Cruz.) Was told to check Carlos Hernandez. Rivera went and checked his prints and they matched the prints in the van on one beer can. Hernandez became a suspect and was picked up on a warrant. During the interview, he had the same type and size of underwear found in the van. Same type of underwear in his home. With the underwear and the fingerprint in the van, it was enough to get a warrant.

  20. p. 136 “He had reason to think…he didn’t fear them.”

    See supra Chapter 7, notes 39–46 and accompanying text.

  21. p. 136 “One time…Buccaneer Days Festival along the waterfront…”

    James S. Liebman’s’s Notes on Interview with Paul Rivera, Corpus Christi Police Detective (July 14, 2004) at 2:

    What was Carlos Hernandez like? He was argumentative and not cooperative. Rivera ID’d Hernandez when JSL [James S. Liebman] showed him a picture. He liked to smoke Marijuana. . . . Rivera: He got a real hate for me. He would look at me with that hate look. (In between 1979 and 1986,) I was working security a few years later at the beer garden at the annual Buccaneer’s Festival and he made gestures at me and I actually said I had to arrest him for intoxication, but had to let it go and didn’t arrest him. He tried to get physical, pick a fight. At the Buccaneer’s Festival, he wanted to challenge me for a fight. It was after that I worked the (Sauceda) case [leading to Hernandez's 1986 arrest and eventually the dismissal of the case].

  22. p. 136 “…made an obscene gesture at the cop.”

    See supra note 21.

  23. p. 136 “A large man…call to Fidela for help.”

    See supra Chapter 7, notes 23–36, and accompanying text.

  24. p. 136 “This time, however, having escaped the Dahlia affair unscathed…”

    See supra Chapter 7, notes 30–44 and accompanying text.

  25. p. 136 “…public intoxication by challenging a cop to a fistfight.”

    See supra note 21.

  26. p. 136 “A ‘no good…mean motherfucker.’”

    James S. Liebman’s Notes on Interview with Paul Rivera, Corpus Christi Police Detective (July 14, 2004) at 3 (“That case [the Dahlia Sauceda murder and the dismissal of charges against Carlos Hernandez] bothered me. Carlos Hernandez was a no good son of a bitch. He was crazy.”);

    Bruce Whitman’s & James S. Liebman’s Notes on Interview with Paul Rivera (Aug. 25, 2004) at 2 (“Carlos Hernandez, he was a mean motherfucker!”);

    see Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 14:17:03–14:18.26:

    Q. You mention that you had these conversations with [Detective] Paul Rivera about your brother-in-law, Carlos Hernandez. Tell me about that.

    A. Paul Rivera—In fact, one day he told me himself, “You know what, man? Your brother-in-law sure is one crazy motherfucker.” He says, “He even scares me that he’s going to do something to my family.” He told me, words just like that.

    Q. Paul Rivera’s a big guy.

    A. Big guy. . . .

    Q. Tell me about any other things that they suspected Carlos Hernandez of.

    A. . . . . [Detective Rivera] did mention something about, that they suspected him [Carlos Hernandez] of other killings of women, one under the Harbor Bridge, I believe, and one on Leopard [Street near downtown Corpus Christi] . . . .

    Q. Do you know about when it was that that conversation took place?

    A. Oh, God, I can’t. I know it was in the eighties, mid-eighties maybe.

  27. p. 136 “He didn’t arrest Carlos.”

    See supra note 21.

  28. p. 137 “Carlos Hernandez…as an eighteen year old.”

    See Texas Dep’t of Criminal Justice, Bd. of Pardons and Parole Division, Minutes from Feb. 26, 1975 to May 18, 2000, Carlos Hernandez (recording Carlos Hernandez’s parole record from 1977 until his death in 1999).

    See also supra Chapter 6, notes 144–172, 178–183 and accompanying text (discussing Carlos Hernandez’s prior criminal record).

  29. p. 137 “Throughout the time…assault with a deadly weapon, murder.”

    See Texas Dep’t of Criminal Justice, Bd. of Pardons and Parole Division, Minutes from Feb. 26, 1975 to May 18, 2000, Carlos Hernandez (recording Carlos Hernandez’s parole record from 1977 until his death in 1999);

    see also supra Chapter 6, notes 178–183 and accompanying text (discussing Carlos Hernandez’s criminal record); infra notes 34–43; infra Chapter 15, notes 181–183 and accompanying text; infra Chapter 17, notes 1–19, 12–16, 106–107 and accompanying text.

  30. p. 137 “Worse, he openly violated…no weapons.”

    Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1037–38 (“A. I’m not supposed to carry a weapon. Q. Because you’re on parole? A. Yes, sir.”);

    Fidela Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 926 (“Q. Does Carlos carry a knife? A. . . . [Y]es.”);

    Freddy Schilling, 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 . . . .”);

    see supra Chapter 6, notes 178–183 and accompanying text; supra Chapter 7, notes 22–23 and accompanying text; infra notes 34–43; infra Chapter 15, notes 181–183 and accompanying text; infra Chapter 17, notes 1–9, 12–16, 106–107 and accompanying text.

  31. p. 137 “He was arrested at least thirteen times while carrying a knife.”

    See the following arrest reports for Carlos Hernandez, all of which list at least one knife in the Property Record portion of the arrest sheet indicating property taken from the suspect at the time of the arrest: J. Granger, Corpus Christi Police Officer, CCPD Arrest Report (July 29, 1978) at 1 (arresting Carlos Hernandez for public intoxication and for violating a weapons ordinance by brandishing a knife at someone);

    D. Hewparch, Corpus Christi Police Officer, CCPD Arrest Report (Aug. 19, 1978) at 1 (arresting Carlos Hernandez for assault);

    D.G. Pulido, Corpus Christi Police Officer, CCPD Arrest Report (Jan. 10, 1980) at 1 (arresting Carlos Hernandez for outstanding warrants);

    Paul Rivera, Corpus Christi Police Sergeant, CCPD Arrest Report (May 4, 1980) at 1;

    R. Vasquez, Corpus Christi Police Sergeant, CCPD Arrest Report (May 9, 1985) at 1;

    K. Starr, Corpus Christi Police Sergeant, CCPD Arrest Report (Oct. 26, 1981) at 1 (arresting Carlos Hernandez for threatening his girlfriend with a knife);

    L. Serna, Corpus Christi Police Officer, CCPD Arrest Report (Apr. 3, 1983) at 1 (documenting Hernandez’s possession of a knife when arrested on April 2, 1983 behind a 7-Eleven at night; discussed infra note 73 and accompanying text);

    R.N. Garcia, Corpus Christi Police Sergeant, CCPD Arrest Report (Mar. 27, 1986) at 1;

    D. Gonzalez, Corpus Christi Police Officer, CCPD Arrest Report (Jan. 21, 1987) at 1;

    W. H. Yeager, Corpus Christi Police Officer, CCPD Arrest Report (May 5, 1987) at 1;

    B. T. Uhler, Corpus Christi Police Officer, CCPD Arrest Report (July 16, 1987) at 1;

    M. DeLeon, Corpus Christi Police Officer, CCPD Arrest Report (Apr. 15, 1989);

    R.H. Veregara, Corpus Christi Police Officer, CCPD Arrest Report (May 25, 1996) at 1;

    supra Chapter 7, notes 22–23 and accompanying text (discussing Carlos Hernandez’s possession of a knife when brought in for questioning in connection with the killing of Dahlia Sauceda in 1979); see also supra Chapter 6, note 178–183 and accompanying text.

  32. p. 137 “Yet despite these arrests…times in the 1990s.”

    Texas Dep’t of Criminal Justice, Clemency and Parole System, Minutes Browse Screen, Carlos Hernandez (Aug. 13, 2004) (reporting parole revocations only in March 1990 and September 1996).

  33. p. 137 “In 1981…refusing to leave the premises.”

    See Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Oct. 26, 1981) (“Above Subj. [Carlos Hernandez] was involved in a disturbance at the above location [1124 Macy]. Subj. threatened his girlfriend w/ a knife + was arrested when he refused to leave the premises. Subj was booked with the above charges [Threats].”).

  34. p. 137 “No charges were filed…ending his parole.”

    See Texas Dep’t of Criminal Justice, Bd. of Pardons and Parole Division, Minutes from Feb. 26, 1975 to May 18, 2000, Carlos Hernandez (reporting no revocation hearing from 1981 until November 1983).

    See also Texas Department of Criminal Justice, Clemency and Parole System, Minutes Browse Screen, Name: Hernandez, Carlos (Aug. 13, 2004) at Feb. 26, 1975–May 18, 2000 (reporting no revocation hearing from 1980 until November 1983).

  35. p. 137 “As usual…withdrawal of parole.”

    Texas Dep’t of Criminal Justice, Bd. of Pardons and Parole Division, Minutes from Feb. 26, 1975 to May 18, 2000, Carlos Hernandez (“Feb. 23, 1983: Issue a letter of reprimand from executive director for violation of Rules.”).

  36. p. 137 “In November 1983…all over her sleeping children.”

    See Complaint, Texas v. Hernandez, No. 85806–2 (Nueces Cty. Ct. No. 2 Nov. 6, 1983) at 2:

    Carlos Hernandez did then and there unlawfully and knowingly cause bodily injury to Rosenda Anzaldua by holding an axe handle with both hands; by then and there pressing said axe handle against the chest of said Rosenda Anzaldua; and by then and there applying force to said axe handle as said axe handle was in contact with the chest of said Rosenda Anzaldua. . . . Carlos Hernandez damaged a window by breaking it out with a metal bar, which caused glass to fall on a child of Rosenda Anzaldua sleeping in a bed by the window; Carlos Hernandez threatened to kill both Rosenda Anzaldua and her three (3) children, ages 8, 6, and 2.

    Carlos Hernandez Online Criminal Record, SID: 01771823 (May 23, 2004) at 6–10 (indicating “subject has been found guilty of . . . causing bodily injury” and “the only monetary punishment is court costs” and a confinement of 30 days);

    Texas Dep’t of Criminal Justice, Bd. of Pardons and Parole, Notice of Alleged Violation of Release, Carlos Hernandez, List of Court Records (Dec. 6, 1983) (similar);

    supra Chapter 6, notes 120–122 and accompanying text.

  37. p. 137 “He was back on the street in a month.”

    See Carlos Hernandez Online Criminal Record, SID: 01771823 (May 23, 2004) at 6–10 (indicating “subject has been found guilty of . . . causing bodily injury” and “the only monetary punishment is court costs” and a confinement of 30 days);

    Carlos Hernandez List of Court Records—Notice of Alleged Violation of Release, Texas Dep’t of Criminal Justice, Bd. of Pardons and Parole (Dec. 6, 1983) (“It is alleged that you have violated one or more of the rules of your release . . . .”);

    Arrest Warrant for Carlos Hernandez, Nueces Cty. (Feb. 8, 1984);

    see Texas Dep’t of Criminal Justice, Bd. of Pardons and Parole Division, Minutes from Feb. 26, 1975 to May 18, 2000, Carlos Hernandez.

  38. p. 137 “The judge who let him off…for killing Wanda Lopez.”

    Miscellaneous Criminal Records of Carlos Hernandez (1980–1996); at 69-87 (tracing charges against Hernandez for assaulting Rosa Anzaldua, proceedings in the case in front of Judge Hector De Peña, Sr., and Hernandez’s nolo contendere plea accepted by Judge De Peña).

  39. p. 137 “Narcotics detectives…hotel on the waterfront.”

    J. Cervantes, CCPD Sergeant, Supplementary/Narrative Report (Mar. 15, 1994) at 1:

    SYNOPSIS: On 03–15–94 at approximately 6:18 P.M., Corpus Christi Police Department Narcotics Squad executed a search and arrest warrant at 411 N. Shoreline, Room # 107. Suspect, Mary Ellis. . . was found in possession of a large sum of money and a quantity of heroin in her pants pockets. Also, an additional quantity of heroin was seized from atop the room’s nightstand. During the searching of the room, suspect Carlos Hernandez, arrived in suspected vehicle #009 and was found to be in possession of a quantity of heroin. . . .

    NARRATIVE: Suspects names: Mary Ellis/Carlos Hernandez.

    DETAILS: . . . 5. At approximately 6:40 P.M., a vehicle pulled up and parked directly in front of the room’s door. Sgt. J. Cervantes # 781 Peeked out the front window and observed only a Hispanic male (later identified as suspect, Carlos Hernandez) sitting on the drivers seat. Suspect, Carlos Hernandez, then motioned Sgt. J. Cervantes # 781, who was looking through about a once inch crack of the curtain to come over. . . . Sgt. J. Cervantes # 781 then asked Sgt. R. Luzania # 592 to conduct a pat down of suspect, Carlos Hernandez. During the pat down, Sgt. R. Luzania # 592 felt a plastic package containing a hard round object in suspect, Carlos Hernandez front left pants pocket. Sgt. R. Luzania believed this package to be the same type of package that is used to store illegal drugs. Sgt. R. Luzania # 592 removed the package and observed it to be an empty Marlboro cigarette package containing a round brown plastic tape wrapped package. Sgt. J. Cervantes # 781 then smelled the package and it had a strong odor of heroin. When Sgt. J. Cervantes # 781 peeled back the tape he observed a light brown powder substance in a clear plastic bag. Suspect, Carlos Hernandez, was then arrested for aggravated possession of a controlled substance.

    Field Arrest Report for Carlos Hernandez, Nueces County Sheriff’s Department, Filed Mar. 15, 1994 by Cervantes, J. #781 (“Above subject [Carlos Hernandez] arrested at scene of execution of search warrant. Subject had a quantity of controlled substance on his person. Subject currently on parole.”);

    Letter from James F. Waller, Jr., Supervisor, Texas Dep’t of Public Safety, to Sgt. Jesse Cervantes, Corpus Christi Police Sergeant (July 12, 1994) (“Laboratory Case Number L3C–51193. Offense Date 03/15/94. Offense: Controlled Substance Offense. Suspect(s) Ellis, Maria, Hernandez, Carlos. Results of Analysis: Exhibit 1. Net Weight: 3.85 grams. Result: Contains Heroin. . . . Exhibit 2. Net Weight: 24.09 grams. Result: Heroin (5%) and Lactose (90%). Exhibit 3. Net Weight: 24.35 grams. Result: Heroin (4%) and Lactose (91%)”).

  40. p. 137 “They found Hernandez’s friend…sum of money.”

    See supra note 39; see also J. Cervantes, Nueces County Sheriff’s Dep’t, Field Arrest Report (Mar. 15, 1994) (“Above subject [Carlos Hernandez] arrested at scene of execution of search warrant. Subject had a quantity of controlled substance on his person. Subject currently on parole.”);

    J. Cervantes, Corpus Christi Police Sergeant, C.C.P.D. Supplementary/Narrative Report at 1 (Mar. 15, 1994) at 2 (“The money and evidence was photographed and then seized by Sgt. J. Cervantes #781. The money was then turned over to Lt. J. Mosley # 382 at the scene. Lt. J. Mosley # 382 and Sgt. J. Cervantes #781 counted the money seized and it totaled to $1,862.”);

    Letter from James F. Waller, Jr., Supervisor, Texas Dep’t of Public Safety, to Sgt. Jesse Cervantes, Corpus Christi Police Sergeant (July 12, 1994) (“Laboratory Case Number L3C–51193. Offense Date 03/15/94. Offense: Controlled Substance Offense. Suspect(s) Ellis, Maria, Hernandez, Carlos. Results of Analysis: Exhibit 1. Net Weight: 3.85 grams. Result: Contains Heroin. . . . Exhibit 2. Net Weight: 24.09 grams. Result: Heroin (5%) and Lactose (90%). Exhibit 3. Net Weight: 24.35 grams. Result: Heroin (4%) and Lactose (91%)”).

  41. p. 137 “As they were searching…showed up in his car.”

    See supra note 39.

  42. p. 137 “Police arrested him…in his car and clothes.”

    See supra note 39; see also J. Cervantes, Corpus Christi Police Sergeant, C.C.P.D. Supplementary/Narrative Report at 1 (Mar. 15, 1994) at 2 (The Evidence Exhibits detail 35 individual clear plastic bags of heroin and a number of pills identified as valium.).

  43. p. 137 “His parole was left in place.”

    See Texas Dep’t of Criminal Justice, Bd. of Pardons and Parole Division, Minutes from Feb. 26, 1975 to May 18, 2000, Carlos Hernandez (recording Carlos Hernandez’s parole record from 1977 until his death in 1999; reporting parole revocation only in 1990 and 1996; not even a pre-revocation warrant was issued in connection with the 1994 heroin arrest);

    see also Texas Department of Criminal Justice, Clemency and Parole System, Minutes Browse Screen, Name: Hernandez, Carlos (Aug. 13, 2004) at Feb. 26, 1975–May 18, 2000 (Carlos Hernandez was paroled in May of 1991 and did not have another revocation hearing recorded until 1996; the 1994 drug arrest was never mentioned in Hernandez’s parole records).

  44. p. 137 “People wondered about Hernandez’s good fortune.”

    See Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 07:32:30 (“I never asked [Carlos Hernandez] if he narc’ed, but I would imagine he did. I don’t know. I heard that rumor.”);

    Bruce Whitman & James S. Liebman’s Notes on Interview with Eddie Garza, former CCPD detective (Aug. 25, 2004) at 1 (“Re: whether CH [Carlos Hernandez] was an informant: CH would sell out anyone just to get his ass out. Someone in narcotics was working him.”).

  45. p. 138 “No one knows exactly…the Dahlia Sauceda murder.”

    See supra Chapter 7, notes 39–44 and accompanying text.

  46. p. 138 “But when attorney…a good defense lawyer.”

    See supra Chapter 7, notes 199–203 and accompanying text.

  47. p. 138 “Eddie Garza had known…confidential informant for the police.”

    Bruce Whitman & James S. Liebman’s Notes on Interview with Eddie Garza, former CCPD detective (Aug. 25, 2004) at 1 (“Re: whether CH was an informant: CH would sell out anyone just to get his ass out. Someone in narcotics was working him.”).

  48. p. 138 “Kelly…had heard the same.”

    Transcribed Videotape Interview of 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. Q. Did the police have that kind of a relationship with Carlos Hernandez from time to time? A. I never asked him if he narc’ed, but I would imagine he did. I don’t know. I heard that rumor.”).

  49. p. 138 “In two or three cases…wouldn’t have gotten otherwise.”

    Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 07:30:15 (“Sure, he [Carlos Hernandez] was an investigator all the time. . . . And he was pretty good at times. He could find people, and without harming them could convince them that maybe they needed to talk to me. He was somewhat effective at that. But basically he could find people. . . . He was an investigator. Sure cheaper and sure more effective than I would have been.”);

    Peso Chavez & James S. Liebman’s 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.

  50. p. 138 “Based on what…’was Carlos Hernandez.’”

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:14:25–00:15:24:

    Q. When the [Wanda Lopez] crime occurred, you indicated that you, soon after the homicide was committed, became aware of an individual who, you were told, through informants, had committed the crime. As I recall, that person was Carlos Hernandez. . . . [W]hen did you become aware of Carlos Hernandez and who made you aware of Carlos Hernandez?

    A. Approximately two or three weeks [after the killing of Wanda Lopez]. There was talk from a couple of my informants that the person that they had arrested for this particular crime was not the person that had committed the crime. The person that had actually committed the crime was Carlos Hernandez, and Carlos DeLuna was the person that was being held for the crime itself. And these informants, like I said, relied on information that they had received by talking to some of the people that they congregate with in the streets.

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:16:38–00:17:16 (“Q. And again, just to be clear on this, you provided her [Olivia Escobedo], the chief investigator, main investigator on the Wanda Lopez homicide, information that Carlos Hernandez was the perpetrator of this crime. Is that correct? A. I advised her that they needed to look at him very hard, look very hard at Carlos Hernandez, because he was the person out in the streets boasting that he had gotten someone else to take the fall for him.”);

    see also infra note 58 and accompanying text.

  51. p. 138 “Given Hernandez’s history…exactly fit his m.o.”

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:18:07, 00:31:10:

    And [Carlos Hernandez] he was always involved in some type of crime . . . . He was always getting involved in fights within the area. . . . Carlos Hernandez was almost always assaulting women and assaulting guys. And his weapon of choice was a knife. He always had a knife on him. And most of the time it was cutting up people or hitting them with a beer bottle or something. But he was always involved in mostly violent crimes.

  52. p. 138 “Garza knew both Carloses…”

    See supra Chapter 6, notes 196–201 and accompanying text.

  53. p. 138 “…’like this and stab somebody to death.’”

    Steve Mills & Maurice Possley, The Secret That Wasn’t, Violent Felon Bragged that He Was Real Killer,Chi. Trib., June 27, 2006, http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory:

    And one of Corpus Christi’s senior detectives at the time of the crime now says he believes De Luna was wrongly executed. The former detective, Eddie Garza, said tipsters told him that Hernandez killed Lopez, the mother of a 6-year-old girl. Yet it appears those tips were not pursued.

    Garza knew both men [Carlos Hernandez and Carlos DeLuna] and said Lopez’s slaying was the kind of crime Hernandez would commit, not De Luna.

    “I don’t think [De Luna] had it in him to do something like this and stab somebody to death,” Garza said.

    But Hernandez, he added, “was a ruthless criminal. He had a bad heart. I believe he was a killer.” Archived at: http://perma.cc/WZT7-3WYM.

  54. p. 138 “‘I believe he was a killer.’”

    See supra note 53.

  55. p. 138 “And Garza’s partner…on April 21, 1982.”

    Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 14:17:03–14:18:38:

    Q. You mention that you had these conversations with Paul Rivera about your brother-in-law, Carlos Hernandez. Tell me about that.

    A. Paul Rivera—In fact, one day he told me himself, “You know what, man? Your brother-in-law sure is one crazy motherfucker.” He says, “He even scares me that he’s going to do something to my family.” He told me, words just like that.

    Q. Paul Rivera’s a big guy.

    A. Big guy. . . .

    Q. Tell me about any other things that they suspected Carlos Hernandez of.

    A. [Detective Paul Rivera] did mention something about, that they suspected him [Hernandez] of other killings of women, one under the Harbor Bridge, I believe, and one on Leopard [Street near downtown Corpus Christi] . . . .

    Q. Do you know about when it was that that conversation took place?

    A. Oh, God, I can’t. I know it was in the eighties, mid-eighties maybe.

    Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 2 (discussing an occasion when Schilling “was questioned by Paul Rivera of the Corpus Christi PD [and] Mr. Rivera told him, ‘This guy (referring to Carlos Hernandez) scares me. I know he killed this girl. He’s also a suspect in killing other girls—the Harbor Bridge Killing’”);

    see Bruce Whitman & James S. Liebman’s Notes on Interview with Eddie Garza, former CCPD detective (Aug. 25, 2004) at 2 (recalling an unsolved Corpus Christi murder from the 1980s involving “someone found under Harbor Bridge”);

    James S. Liebman’s Notes on Interview with Paul Rivera, Corpus Christi Police Detective (July 14, 2004) at 5 (discussing unsolved murder of victim “found under Harbor Bridge”);

    Sara Lee Fernandez & Mike Baird, Cases Not Closed: Police Continue Homicide Investigations, Corpus Christi Caller-Times, June 20, 2005, available at http://www.caller.com/news/2005/jun/20/cases-not-closed/ (discussing unsolved Corpus Christi murders including of “Hortencia Obregon Mata,” who “was found beaten and nude under the south end of the Harbor Bridge on April 21, 1982″). Archived at: http://perma.cc/C8SL-6B64. See also 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 [Carlos Hernandez] was involved in other killings I hear[d] that . . . . 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.

    James S. Liebman’s Notes on Bruce Whitman’s Interview with Manuel DeLuna, Carlos DeLuna’s Brother (Aug. 17, 2004) at 1:

    [Manuel DeLuna] was incarcerated in old Clemens unit near Houston between ’87 and ’91. He was [in] rec [yard] and [Miguel] Ortiz comes up: ‘You’re from Corpus Christi? CDL’s [Carlos DeLuna's] brother?’ [Ortiz] also from Corpus Christi. He [Ortiz] was at park in Corpus Christi (park near what used to be military housing), and C. Hernandez told him about killing 3 women. Others heard it. C. Hernandez referred to killing in van, at gas station, other (woman under bridge). [Ortiz] was very direct about how C. Hernandez bragged about how Manuel’s brother, CDL [Carlos DeLuna], took the fall.

  56. p. 138 “In March 1983…to Olivia Escobedo.”

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:15:44–00:16:38:

    Q. Now, after being told this, did you provide this information to the officers investigating the homicide?

    A. I contacted the detective in charge and informed of the information that I had received, but the detective itself [sic] said that they had enough evidence linking Carlos DeLuna to the crime itself. So I just backed away from it and let her work her case.

    Q. Now, who was the detective in charge of that investigation, the Carlos DeLuna investigation?

    A. The detective that was in charge of the case was Olivia Escobedo. She worked mostly rapes and was assigned a couple of homicides during the time.

    Steve Mills & Maurice Possley, The Secret That Wasn’t, Violent Felon Bragged that He Was Real Killer,Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory:

    And one of Corpus Christi’s senior detectives at the time of the crime now says he believes De Luna was wrongly executed. The former detective, Eddie Garza, said tipsters told him that Hernandez killed Lopez, the mother of a 6-year-old girl. Yet it appears those tips were not pursued. . . .

    While some in Corpus Christi kept silent about Hernandez, others apparently did not.

    Garza, a detective at the time, recalled getting tips just days after De Luna was arrested that someone else was talking about how he had stabbed the gas station clerk.

    “We were getting information that Carlos Hernandez was the one that had done the case,” said Garza, who now is a private investigator. “Several people were telling us that.”

    Garza says he passed along the information to the detective leading the investigation, Olivia Escobedo. Archived at: http://perma.cc/94J3-YJCB.

  57. p. 139 “A sex crimes specialist…Garza as her mentor.”

    See Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:15:44–00:16:38 (“Q. Now, who was the detective in charge of that investigation, the Carlos DeLuna investigation? A. The detective that was in charge of the case was Olivia Escobedo. She worked mostly rapes and was assigned a couple of homicides during the time.”);

    Tamara Theiss’s Notes on Interview with Olivia Escobedo, Lead Detective on the Dahlia Sauceda and Wanda Lopez Murders (Feb. 27. 2005) at 1–2:

    I was most interested in sex offenses, and specialized in investigating sex offenses. There were times, however, when based on my night shift hours, and the officer rotation, that I would have to respond to other kinds of calls. . . . Although I specialized in investigating sex crimes, I became the lead investigator on the Wanda Lopez case because I just happened to be working as the lead investigator on the night shift when her 911 call came in. I remember that I had only been at work for a few minutes when her call came in. I recall that it was a “robbery in progress” which justified sending an investigator and a lot of police to look for the suspect. . . . [While learning to be a detective] I worked under Paul Rivera and Eddie Garza. Today I feel grateful to them because they taught me how to investigate a crime.

    Steve Mills & Maurice Possley, The Secret That Wasn’t, Violent Felon Bragged that He Was Real Killer,Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory (interviewing Escobedo “who primarily had investigated sex crimes [for the Corpus Christi Police Department] and handled the De Luna case alone.”). Archived at: http://perma.cc/K5QZ-JJUC. Infra Chapter 10, notes 4–5 and accompanying text.

  58. p. 139 “He told her…to take a hard look at the man.”

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:16:38–00:17:16 (“Q. And again, just to be clear on this, you provided her, the chief investigator, main investigator on the Wanda Lopez homicide, information that Carlos Hernandez was the perpetrator of this crime. Is that correct? A. I advised her that they needed to look at him very hard, look very hard at Carlos Hernandez, because he was the person out in the streets boasting that he had gotten someone else to take the fall for him.”).

  59. p. 139 “There could be no confusion…he said later.”

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:23:30–00:25:00:

    Q. And were you the only Corpus Christi police officer who arrested Carlos Hernandez?

    A. No, there were several other officers that were involved in arresting Carlos Hernandez. It wasn’t me all the time.

    Q. Was Carlos Hernandez familiar to most policemen in the police department?

    A. Well, the policemen that actually were involved in investigating some of the crimes that he had committed, yes there were several officers that knew him. The patrol division knew who he was, knew his hangouts, and the people that he hung out with.

    Q. Did the criminal investigation division, were they aware of Carlos Hernandez?

    A. Myself and my partners, we were well aware of Carlos Hernandez and what he was capable of doing.

    Q. In 1983, did the officers in the criminal investigation division know of, know who Carlos Hernandez was?

    A. In regards to being a suspect in a crime, yes, we were aware that Carlos Hernandez might be a possible suspect.

    Q. But it’s safe to say that he was familiar to the C.I.D. division within the Corpus Christi police department. Is that correct?

    A. Definitely. Most of the detectives in the criminal investigation division knew of Carlos Hernandez.

    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:22:43–00:23:30 (“Q. Mr. Garza, you are familiar with Carlos Hernandez when he was a young man. Is that correct? A. Yes, I arrested him several times for several crimes: petty theft crimes and little assault cases and stuff. He was always getting involved in some type of crime or another. The guy had an arrest record—unbelievable. And he had been arrested numerous times for different types of crimes.”).

  60. p. 139 “This particular Carlos…at the courthouse.”

    See Bruce Whitman & James S. Liebman’s Notes on Interview with Eddie Garza, Corpus Christi Police Detective (Aug. 25, 2004) at 1 (“Carlos Hernandez was a bad, bad guy. Ever since he was a juvenile. Most of the police officers would have known who CH [Carlos Hernandez] was (in 1983). So would prosecutors. I don’t know why it wasn’t followed up (the claim that CH did it [committed the Lopez killing]).”);

    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. That’s why he was arrested. When Jack Blackmun asked me to take the case, his court manager (Carlos) 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. 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.

    See also supra note 59.


  61. p. 139 “From their own personal…Carlos Gonzalez Hernandez.”
    See supra note 59.
  62. 62.

    p. 139 “Detective Escobedo…the Dahlia Sauceda case.”
    See supra
    Chapter 7, notes 39–41, 87–92 and accompanying text.

  63. p. 139 “She’d sat in court…Dahlia in her van.”
    See
    Tamara Theiss’s Notes on Interview with Olivia Escobedo, Lead Detective on the Dahlia Sauceda and Wanda Lopez Murders (Feb. 27. 2005) at 1 (“I remember [in the Dahlia Sauceda killing] that Carlos Hernandez was also questioned, along with [Pete] Olivarez and [Jesse] Garza, and that all three men were given polygraph exams. Mr. Garza was the one who was prosecuted because Mr. Olivarez was an eyewitness and said that he had seen Garza kill Ms. Sauceda.”).

    Escobedo’s familiarity with Carlos Hernandez in connection with the Dahlia Sauceda murder is discussed supra Chapter 7, notes 39–41, 87–92 and accompanying text; see also supra note 19 and accompanying text; infra note 108 and accompanying text.

  64. p. 139 “She’d sat in court…Dahlia in her van.”
    See supra
    Chapter 7, and notes 39–44 and accompanying text.

  65. p. 139 “She’d sat in court…Dahlia in her van.”
    See supra
    Chapter 7, and notes 69–134 and accompanying text.

  66. p. 139 “She’d sat in court…Dahlia in her van.”
    Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Feb. 8, 1980) at 809:

    Q. So as of today; to the best of your knowledge, there is no other physical evidence?

    A. To my knowledge there is not.

    Q. But you wouldn’t it swear to it, would you?

    A. No, sir.

    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 not 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. Okay, not this taped conversation was a conversation that took place while Carlos Hernandez was in custody?

    A. He was in the police station. . . .

    Q. Have you ever talked to Carlos Hernandez?

    A. No, sir, I personally have not.

    Q. Would you mind talking to him and finding out whether there was any physical evidence that he would know about that the police may have taken from him?

    Mr. Botary: Your Honor, that is not permissible under the rules. . . .

    Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Feb. 8, 1980) at 819 (“Q. As far as under shorts belonging to Carlos Hernandez, did anyone inform you that they had that underwear in their possession? A. No, sir.”);

    Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Feb. 8, 1980) at 825–26:

    Q. As far as you know, I have never seen that knife and I have never seen that pair of shorts?

    A. You have told me this morning you have not seen them prior to today.

    Q. And I didn’t ask you for the knife? I didn’t ask you for the shorts before this trial began, did I?

    A. No, sir.

    Q. And I explained to you why it was that I believed there was a knife in existence, did I not?

    A. Yes, sir.

    Q. And that was because I had heard a telephone conversation?

    A. That is correct.

    Q. And that’s when Carlos [Hernandez] was speaking to his mother?

    A. That is correct.

    Q. And I told you his mother ask[ed] him did they find a knife or did they have a knife?

    Mr. Botary: I object to him going forward on hearsay. . . .

  67. p. 139 “The patrol division…people around him.”
    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:23:30–00:25:00:

    Q. And were you the only Corpus Christi police officer who arrested Carlos Hernandez?

    A. No, there were several other officers that were involved in arresting Carlos Hernandez. It wasn’t me all the time.

    Q. Was Carlos Hernandez familiar to most policemen in the police department?

    A. Well, the policemen that actually were involved in investigating some of the crimes that he had committed, yes there were several officers that knew him. The patrol division knew who he was, knew his hangouts, and the people that he hung out with.

  68. p. 139 “If someone had…in custody in minutes.”
    See
    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:17:17–00:19:12:

    Q. Now if I was to tell you that, in the trial of Carlos DeLuna, a police officer testified that they had reviewed or looked at all Carlos Hernandez’s regarding this incident, the homicide of Wanda Lopez, and in trial they said that they had reviewed and looked at all Carlos’s, Carlos Hernandez’s, and there was no Carlos Hernandez that they felt was connected to this case. Would that be surprising to you?

    A. Well, I don’t remember a police officer testifying in court to this case, but there was a Carlos Hernandez, and I knew Carlos Hernandez ever since he was a juvenile because I arrested him many times. And he lived around the Carrizo-Laredo Street area. And he was always involved in some type of crime . . . and several other assaults that he was involved in. He was always getting involved in fights within the area. So I knew there was a Carlos Hernandez. If somebody got up and testified that there was no Carlos Hernandez, there sure was, and I can testify to that because I arrested him several times.

  69. p. 139 “It was only ten blocks from the police station.”
    See
    Google Maps http://goo.gl/Pgpxk (last visited May 5, 2012) (indicating distances between the police headquarters and the intersection of Staples and Mary (approximately ten blocks) and between police headquarters and the location of Fidela Hernandez’s house on Carrizo Street where it dead ends before reaching Laredo (approximately six blocks). Archived at:

  70. p. 139 “‘There was no question he could have been found.’”
    Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 7–8:

    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. . . . Carlos Hernandez was easy to find at the time. He was a know[n] quantity over on Hancock and Mary. They could find CH. Anyone in homicide w[ou]ld know who CH was. If you worked that area of town, they’d know. That’s BS [any claim that it would have been hard to find Carlos Hernandez]. There was no question he could’ve been found.

  71. p. 139 “‘If you asked the dogs, the dogs would probably tell you.’”
    Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi (Dec. 5, 2004) at 08:00:00–08:00:46:

    Q. [I]f people came around the neighborhood and said, ever heard of a person named Carlos Hernandez, what would people have said? . . .

    A. Everybody knew Carlos Hernandez around there. . . . Everybody knew Carlos Hernandez around there, everybody. If you asked the dogs, the dogs would probably tell you. . . .

    Q. But the police, did they ask [about Hernandez and the Wanda Lopez killing]? Nope, they never did.

  72. p. 139 “He remembered her…’let her work her case.’”
    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:15:44–00:16:20 (“Q. Now, after being told this, did you provide this information [that Carlos Hernandez was saying he killed Wanda Lopez] to the officers investigating the [Lopez] homicide? A. I contacted the detective in charge and informed [her] of the information that I had received, but the detective itself [sic] said that they had enough evidence linking Carlos DeLuna to the crime itself. So I just backed away from it and let her work her case.”).

  73. p. 140 “Late on April 2…with a knife in his pocket.”
    See
    L. Serna, Corpus Christi Police Officer, CCPD Arrest Report (Apr. 3, 1983) at 1 (“Violation: Traffic Warrant # 126585. Narrative: I observed the above individual [Hernandez] lurking around behind the 7–11 Brownlee + Agnes. When asked for [sic] Identify himself; sub. was known to have the above active warrant. . . . Property Record: Knife”; indicating that Hernandez was arrested at “11:50 p.m.” on April 2, 1983 and booked at “12:08 a.m.” on April 3, 1983).

  74. p. 140 “He had a criminal record a mile long.”
    L. Serna, Corpus Christi Police Officer, CCPD Arrest Report (Apr. 3, 1983) at 1;

    see supra Chapter 6, notes 166–172 and accompanying text; supra Chapter 7, notes 20–25 and accompanying text.

  75. p. 140 “Hernandez had failed to pay a traffic ticket.”
    See
    L. Serna, Corpus Christi Police Officer, CCPD Arrest Report (Apr. 3, 1983) at 1.

  76. p. 140 “As Carlos Hernandez (and DeLuna for that matter)…”
    See supra
    Chapter 5, notes 58–164, 178–182, 187–191, 194–195 and accompanying text.

  77. p. 140 “…few hours after paying a minor fine.”
    See, e.g.,
    D.G. Pulido, Corpus Christi Police Officer, CCPD Arrest Report (Jan. 10, 1980) at 1 (“Time of Arrest 11:40 PM. Violation: Traffic Warrant # 816146. Narrative: Officers observed a red Oldsmobile traveling east on 1200 Morris at a high rate of speed. He turned north on 700 Salameda and we stopped him. He couldn’t produce a DL + had an invalid MUI sticker. He also was found to have an outstanding traffic warrant # 816146. He was arrested for the outstanding warrants. Released: Date: 1–11–80. Time: 1:45 AM.”);

    Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Oct. 26, 1981) at 1 (“Time of Arrest: 12:00 A.M. Violation: Threats. Narrative: Above Subj. was involved in [a] disturbance at the above location [1124 Marcy]. Subj threatened his girlfriend w/ a knife + was arrested when he refused to leave the premises. Subj was booked on th[e] above charges. Released: Date: 10–26–81. Time: 6:45 PM.”);

    D.M. Blank, Corpus Christi Police Officer, CCPD Arrest Report (Oct. 10, 1982) (“Time of Arrest: 12:25 PM. Violation: M.C. War. # 058867. Narrative: Above subject was arrested at above location on M.C. War. Taken to city jail. Released: Date: 10–10–82. Time: 1:30 PM”);

    Paul Rivera, Corpus Christi Police Sergeant, CCPD Arrest Report (May 4, 1987) at 1 (“Time Booked: 2:20 AM. Violation: Traffic Warr. # 841777. Narrative: Subj. arrest on above warrant at the carnival grounds. Released: Date: 5–4–80. Time: 8:10 PM”).

    Each one of these police reports cited here indicates that Hernandez was released within a few hours of his arrest and booking.

  78. p. 140 “Moments after being booked…bail bondsman.”
    L. Serna, Corpus Christi Police Officer, CCPD Arrest Report (Apr. 3, 1983) at 1 (“Time of Call: 12:24 AM. Name of Person . . . Called: Raul.”).

  79. p. 140 “They kept him locked up for four days…”
    See
    L. Serna, Corpus Christi Police Officer, CCPD Arrest Report (Apr. 3, 1983) at 1 (“Released: Date: 4/6/83 at 3:36 p.m.,” indicating that Hernandez was in custody part of April 2, all of April 3, 4 and 5 and part of April 6).

  80. p. 140 “Infante took…field-tested for fingerprints.”
    Joel Infante, Corpus Christi Police Identification Technician, Field Investigation Report (Feb. 4, 1983) at 1 (recording that, during the scene investigation into the Wanda Lopez killing, Infante processed for fingerprints Lite beer cans found in the back of the gas station, the inside of the glass door, a knife, a pack of Winstons cigarettes, and a countertop);

    Joel Infante, Corpus Christi Police Identification Technician, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 17, 1983) at 190–191 (“Q. And while you were [at the Sigmor Shamrock Station on Feb. 4, 1983,] did you do any identification work? A. Yes, I did. Q. In regard to photographs, did you take any photographs out there? A. Yes, I took photographs. . . . After I took the photographs of the scene, I processed the inside of the service station for fingerprints.”).

  81. p. 140 “At the scene…lurking with a knife.”
    Joel Infante, Corpus Christi Police Identification Technician, Field Investigation Report, Bureau of Identification for Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (noting that beer cans found at the Sigmor Shamrock gas station were analyzed for prints);

    Joel Infante, Corpus Christi Police Identification Technician, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 17, 1983) at 192:

    Q. Now, when you went out there to that particular location [the Sigmor Shamrock gas station], can you tell the Jury what areas you dusted with the black powder to try and find fingerprints? . . . .

    A. One area in particular is the door right here, the front door. . . I also processed the top counter on this, the top Formica counter and other items, the telephone that was found behind, the telephone receiver and a pack of cigarettes and also some beer cans found, but not here, they were outside.

    See Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Olivia Escobedo Supplementary Report (Feb. 12, 1983) at 1 (reporting that George Aguirre said he observed a man beside the gas station near the ice machine).

  82. p. 140 “None of the prints matched those of Carlos DeLuna.”
    Joel Infante, Corpus Christi Police Identification Technician, Field Investigation Report, Bureau of Identification for Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (noting that the prints lifted from the Sigmor Shamrock crime scene were “latents of no value”);

    Ernest Wilson, Latent Fingerprint Expert for Corpus Christi Police Dep’t Identification Division, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 17, 1983) at 339, 340 (“[Q.] What’s the quality on [the fingerprints taken from the crime scene]? A. They’re very bad quality.”; noting that the fingerprints did not match Carlos DeLuna, Kevan Baker, or George Aguirre).

  83. p. 140 “They had two sets…his girlfriend with a knife.”
    Fingerprint Record No. 55682 of Carlos Hernandez, Corpus Christi Police Dep’t (Feb. 4, 1972);

    Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Oct. 26, 1981) at 1 (arresting Hernandez because he “was involved in a disturbance [at Staples and Mary and] . . . threatened his girlfriend with a knife and was arrested when he refused to leave the premises”);

    Fingerprint Record No. 74204, Major Case Fingerprints of Carlos Hernandez, Corpus Christi Police Dep’t (Oct. 26, 1981, with additional notations made Apr. 4, 1983);

    E-mail from James S. Liebman to William Belford (July 12, 2005, 10:14 AM) (“Regarding officers involved in handling Carlos Hernandez around 10/26/81 and 04/04/83 I was told the following by Marsha in CCPD ID section: 10/26/81 Hernandez had his prints taken by Officer Hoffer from the ID section (Marsha believed he was a sergeant and now deceased.”).

  84. p. 141 “Yet on April 4…make fingerprint comparisons.”
    See
    Fingerprint Record No. 74204, Major Case Fingerprints of Carlos Hernandez, Corpus Christi Police Dep’t (Oct. 26, 1981, with additional notations made Apr. 4, 1983) at 1, (displaying fingerprints taken on Oct. 26, 1981 and indicating that “Inf”—Officer Infante—examined Carlos Hernandez’s Oct. 26, 1981 fingerprint card on April 4, 1983);

    E-mail from James S. Liebman to William Belford (July 12, 2005, 1:10 AM) (quoting e-mail from William Belford to James S. Liebman (July 17, 2004) (“Marsha in ID and Kathy Lancaster in records at CCPD have informed William Belford orally that on 10/26/81 . . . Hernandez’s major case prints were taken after he was picked up for making threats and resisting arrest. There is no information on who the complainant was, as the offense reports have been destroyed.”);

    E-mail from James S. Liebman to William Belford (July 12, 2005, 1:10 A.M.) (quoting E-mail from William Belford to James S. Liebman (July 17, 2004)):

    “Regarding officers involved in handling Carlos Hernandez around 10/26/81 and 04/04/83 I was told the following by Marsha in CCPD ID section: 10/26/81 Hernandez had his prints taken by Officer Hoffer from the ID section (Marsha believed he was a sergeant and now deceased). 04/04/83—the ID officer who [examined the prints on this] date [and is indicated] on the print card, was Officer Infante. (Officer J. Infante Badge #239 from ID was the person who processed the DeLuna capital murder scene.)”

  85. p. 141 “Not content…to allow better comparisons.”
    See
    Fingerprint Record No. 74204, Major Case Fingerprints of Carlos Hernandez, Corpus Christi Police Dep’t (Oct. 21, 1981/Apr. 4, 1983) at 1 (indicating, in location on form calling for “Date Impressions Taken,” that fingerprint impressions for Carlos Hernandez were taken on Oct. 26, 1981 by “Hoffer” and on April 4, 1983 by “Inf”);

    E-mail from James S. Liebman to William Belford (July 12, 2005 1:10 AM) (quoting e-mail from William Belford to James S. Liebman (July 17, 2004)) (information provided by Corpus Christi Police Department that “Inf” refers to “Officer J[oel] Infante Badge #239 from ID”).

  86. p. 141 “On the same day…police station and took his picture.”
    See
    Carlos Hernandez Mirror Mugshot 74204, Corpus Christi Police Dep’t (Apr. 4, 1983). The placard hung around Hernandez’s neck gives his number, 74204, and the date of the photograph, 4–04–83; infra Figure 9.1.

  87. p. 141 “This is the only known photograph…doesn’t have a moustache.”
    See, e.g.
    , supra Chapter 6, Figure 6.2.

  88. p. 141 “For some reason…without telling his parole officer.”
    See supra
    note 35 and accompanying text.

  89. p. 141 “The few that could be compared…nor Carlos DeLuna.”
    E-mail from Allan Bayle to James S. Liebman, Professor of Law, Columbia Law School (July 3, 2004) at 1 (comparing fingerprints from a beer can, a phone receiver, a door frame, and a door glass to Carlos Hernandez and Carlos DeLuna; concluding that (1) the marks from the phone receiver were too poor to make any comparison; (2) Carlos DeLuna’s fingerprints were insufficiently detailed to compare to the beer can, and they did not match the door frame or the door glass; (3) Carlos Hernandez’s fingerprints did not match the beer can or door glass and did not appear to match the door frame, although the comparison was “very difficult”);

    see also infra Chapter 10, note 169 and accompanying text (noting that the Corpus Christi Police Dep’t fingerprint examiner assigned to the DeLuna case found the fingerprints to be too fragmentary for comparison to Carlos DeLuna’s reference prints); infra Chapter 12, note 7–9 and accompanying text (noting same and that the fingerprint examiner was unable to find a match between the print and any “Carlos Hernandez” with fingerprint records on file with the Corpus police); infra Chapter 13, note 72 and accompanying text (similar).

  90. p. 141 “On April 6…paid $67 on the traffic fine.”
    See
    L. Serna, Corpus Christi Police Officer, CCPD Arrest Report (Apr. 3, 1983) (indicating a “Total Fine” of $117 and that Hernandez paid $67 and was given “time served” credit for $50).

  91. p. 141 “During Hernandez’s…charges of murdering Wanda Lopez.”
    See
    L. Serna, Corpus Christi Police Officer, CCPD Arrest Report (Apr. 3, 1983) (“Released: Date: 4/6/83 at 3:36 p.m.,” indicating that Hernandez was in custody part of April 2, all of April 3, 4, and 5 and part of April 6);

    Nueces Cty. Sheriff’s Dep’t, Jail Card for Carlos DeLuna (Feb. 8, 1983) (indicating that Carlos DeLuna was incarcerated in the Nueces County Jail in Corpus Christi from February to July 1983).

  92. p. 141 “A review of local police…local lockup at the same time.”
    In regard to the two Carloses’ overlapping periods of Corpus Christi police custody on January 12–15, 1979, compare Arrest Sheet No. C16196, Offense No. 81230044, for Carlos DeLuna, Corpus Christi Police Dep’t (Jan. 12–15, 1979) at 1 (indicating that DeLuna was arrested on January 12, 1979 for unauthorized use of a vehicle and remained in police lock-up until January 15, 1979, when he was transferred to a juvenile facility),

    with Texas Dep’t of Criminal Justice, Bd. of Pardons and Parole Division, Minutes from Feb. 26, 1975 to May 18, 2000, Carlos Hernandez (reporting that prior to January 15, 1979, unspecified criminal charges constituting a parole violation were brought against Carlos Hernandez, culminating on January 15, 1979 in a letter of reprimand and decision to continue him on parole; exactly when Hernandez was taken into custody and released is unclear, but custody may have continued until, or after, January 15, 1979).

    In regard to the two Carloses’ overlap in Corpus Christi police custody on May 23 and 24, 1980, compare Arrest Report for Carlos DeLuna, Corpus Christi Police Dep’t (May 23, 1980) (arresting Carlos DeLuna for public intoxication at 11:45 p.m. on May 23, 1980 and noting his release the next morning, May 24, 1980),

    with Nueces Cty. Sheriff’s Dep’t, Re-Arrest Report for Carlos Hernandez (May 6, 1980) (noting that Hernandez was arrested without bond on an April 28, 1980 warrant for a Corpus Christi parole violation),

    and Order and Notice of Withdrawal of Pre-Revocation Warrant of Arrest, Texas Dep’t of Criminal Justice, Bd. of Pardons and Parole (May 23, 1980 (revoking Carlos Hernandez’s April 28, 1980, warrant and ordering his release),

    and Texas Dep’t of Criminal Justice, Bd. of Pardons and Parole Division, Minutes from Feb. 26, 1975 to May 18, 2000, Carlos Hernandez (indicating that the Parole Board didn’t enforce the May 23, 1980 order of release until May 27, 1980, when it “[w]ithdrew [its] Pre-Revocation Warrant; [and] impose[d]” its judgment).

  93. p. 142 “The district attorney’s file…were named Carlos Hernandez.”
    Criminal History Record for Carlos Hernandezes (May 2, 1983) at 1–7 (“Send The Following Print-Out To Olivia Escobedo: Corpus Christi Police Department, Criminal History Record for Carlos De Luna (DOB:03/15/62); Height: 5–09; Weight: 170. Carlos Hernandez (DOB: 03/21/56) Height 5–04; Weight 174. Carlos Hernandez (DOB: 08/09/57); Height: 5–03 Weight: 145. Carlos G. Hernandez (DOB: 01/10/58); Height: 5–06; Weight 140. Carlos J. Hernandez (DOB: 07/28/55); Height 5–07; Weight 155. Carlos Gonazles Hernandez (DOB: 07/15/54); Height: 5–07; Weight 175. Carlos L. Hernandez (DOB: 11/23/60); Height: 5–06; Weight: 140.”).

  94. p. 142 “The rap sheets indicate…Hernandez in custody for several days.”
    See supra
    notes 7–9, 50, 56–59, 70 accompanying text.

  95. p. 142 “It was two months before…his lawyers.”
    See
    Witness Subpoena for Carlos Hernandez, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 6, 1983) at 1 (“COMES NOW the State and makes application for the issuance of a subpoena for each of the following: Carlos Hernandez, 3025 David, C.C., Tx”);

    infra Chapter 11, note 275 and accompanying text (discussing the mid-July timing of Carlos DeLuna’s divulging of the name “Carlos Hernandez” to his lawyer); infra Chapter 12, notes 1–19 and accompanying text (discussing unavailing steps to find Carlos Hernandez undertaken by prosecutors and police in mid-July 1983, after DeLuna first gave the name Carlos Hernandez to his lawyers, who passed it on to law enforcement officials).

  96. p. 142 “The ‘Hernandez’ rap sheets…prosecute Carlos DeLuna.”
    See
    Criminal History Record for Carlos Hernandezes (May 2, 1983) at 1.

    See also Mot. to Withdraw Exhibits, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 22, 1983) (listing Kenneth Botary as the Assistant District Attorney filing the motion to withdraw exhibits in the case);

    Trial Transcript, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 17, 1983) at 1 (identifying Steve Schiwetz as the counsel for the state).

  97. p. 142 “Among the seven…night Wanda Lopez was murdered.”
    Bruno Mejia, Corpus Christi Police Office, CCPD Supplementary Report (Feb. 4, 1983):

    I then contacted Witness # 1, Kevin [sic] Baker, who advised me that, as he was getting ready to pump gas into his car, he saw the clerk inside the store struggling with a Hispanic male, approximately 5’7″ to 5’9″, wearing a light colored shirt and dark pants . . . . After I contacted Mr. Baker, I contacted Witness # 2, George Aguirre, who advised me that at approximately 8:00 p.m., while he was pumping gas into his van at the gas station, he observed a Hispanic male, approximately 5’7″ to 5’9″, wearing a white shirt (long-sleeve), untucked, and dark pants, standing on the east side of the store.

    See George Aguirre, Witness to Events Outside Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (“While I was pumping gas in my van I seen this guy standing by the ice machine. He was a Hispanic male, five feet ten inches tall, one hundred and seventy five pounds, dark hair, about twenty three or twenty four years old.”);

    Kevan Baker, Witness to Events Outside Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (“Before I could start to pump gas I heard this bang inside the store. I looked up and I seen this man pulling this lady from behind the counter by the hair. This man was a Hispanic male, five feet eight inches tall, one hundred and seventy pounds . . . .”);

    supra Chapter 2 notes, 42, 162–166 & Table 2.1 and accompanying text. At the time of his many arrests, the Carlos Hernandez born on July 14, 1954 consistently was identified as 5’7″ and of medium weight (160–175 lbs) and build. See CDL–CH Height-Weight Comparison (Jan. 25, 2010) (collecting every known official indication of the height and weight of Carlos DeLuna and Carlos Hernandez over the course of their lives, mainly drawn from police records: the thirty-two available records indicating the height and weight of Carlos DeLuna between May 1978 and October 1989 list his height as 5’7″ or 5’8″ on the vast majority of cases with outliers ranging from 5’6″ on one occasion to 5’10″ on one occasion, and list his weight as between 155 and 180 lbs in nearly all cases; by comparison, the twenty-seven available records indicating the height and weight of Carlos Hernandez between October 1978 and May 1996 list his height as either 5’7″ or 5’8″ in all cases and list his weight as between 155 and 180 lbs on most occasions (including all occasions between 1978 and early 1986) with drops below that range in 1986 to 1989 following Hernandez’s surgery for a head injury, see infra Chapter 15, note 183 and accompanying text, and some fluctuations above and below that range in the 1990s, when Hernandez was suffering from advanced stages of diabetes and cirrhosis of the liver, see infra Chapter 17, note 111 and accompanying text & Figure 17.1).

    Upon Carlos DeLuna’s February 4, 1983 admission to jail under arrest for the murder of Wanda Lopez, his height and weight were listed as 5’8″, 150 lbs. See CDL-CH Height-Weight Comparison (Jan. 25, 2010).

    Upon Carlos Hernandez’s April 3, 1983 arrest behind a 7–11 store, he was listed as 5’7″ and 175 lbs. See L. Serna, Corpus Christi Police Officer, CCPD Arrest Report (Apr. 3, 1983) at 1.

  98. p. 142 “Only one had a record of any robberies at all…”
    Criminal History Record for Carlos Hernandezes (May 2, 1983) at 1;

    see also supra notes 15–17 and accompanying text; supra Chapter 6, notes 166–171 and accompanying text. On the print-out sent to Olivia Escobedo compiling information from the rap sheets of the seven Carlos Hernandezes, only one (Carlos Gonzalez Hernandez, born July 14, 1954) had the offenses of armed robbery and assault with a weapon listed on their records. The rest had offenses such as drunk, possession of marijuana, immigration violation, and burglary.

  99. p. 142 “…7-Eleven within weeks of the Lopez killing.”
    See
    supra note 73 and accompanying text.

  100. p. 142 “And only one had been…a knife.”
    See
    supra Chapter 6, notes 231–232 and accompanying text, supra Chapter 7, notes 20–25.

  101. p. 142 “…Carlos Gonzalez Hernandez, born in July 1954…”
    The rap sheet lists July 15, 1954 as Carlos Hernandez’s date of birth. All indications are that this is a clerical error. Every other piece of information on the rap sheet—Corpus Christi Police Department identification number, dates of arrest or conviction, charges, height, weight—exactly matches the relevant Carlos Hernandez, whose date of birth is consistently listed elsewhere as July 14, 1954. This Carlos Gonzalez Hernandez, Jr. was born on July 14, 1954, died on May 6, 1999 and has these identifiers: CCPD I.D. No. 074204; Nueces County Sheriffs ID No. 10052183; Texas Department of Public Safety ID No. 01771823; Texas Department of Criminal Justice No. 227443; FBI No. 731763J10; and Social Security Number 457–96–7119.

  102. p. 142 “…who was listed at 5 feet, 7 inches, and 175 pounds…”
    See supra
    note 97.

  103. p. 142 “…217 South Carrizo Street.”
    See
    supra note 97.

  104. p. 142 “The same Carlos Hernandez…arrested many times.”
    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:18:07–00:19:12. (“I knew Carlos Hernandez ever since he was a juvenile because I arrested him many times. And he lived around the Carrizo-Laredo Street area. And he was always involved in some type of crime . . . and several other assaults that he was involved in. He was always getting involved in fights within the area. So I knew there was a Carlos Hernandez.”);

    Bruce Whitman & James S. Liebman’s Notes on Interview with Eddie Garza, Corpus Christi Police Detective (Aug. 25, 2004) at 1 (“Carlos Hernandez was a bad, bad guy. Ever since he was a juvenile. Most of the police officers would have known who CH [Carlos Hernandez] was (in 1983). So would prosecutors. I don’t know why it wasn’t followed up (the claim that CH did it [committed the Lopez killing]).”).

  105. p. 142 “The Carlos Hernandez…Jesse Garza three years earlier.”
    See supra Chapter 7, notes 13–16, 95–140 and accompanying text.

  106. p. 143 “Reached years later…never came up in the case.”
    Tamara Theiss’s Notes on Interview with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases (Feb. 27, 2005) at 1 (noting Escobedo’s place of residence at the time of the interview as Lakeland, Florida and the address and location of the interview as “REMAX Paramount Properties real estate office”);

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

    I don’t remember Carlos Hernandez being involved in the Lopez case at all. I would have remembered if he was at all under suspicion, because we were extremely thorough investigating the case and preparing our prosecution of Carlos DeLuna. I remember feeling very emotional and personally invested in that case because the victim, Wanda Lopez reminded me of myself, a single mother, on her own, working a night shift to make ends meet. Because of my attachment to the case, I recall making sure that we ran down every piece of information we had, to make sure DeLuna would be convicted. [Assistant District Attorney] Ken Botary was just as meticulous, and I know for a fact that if Ken knew of Carlos Hernandez being involved, or if Hernandez’s name had come up in the investigation, Ken would have made sure that I followed that lead.

    Steve Mills & Maurice Possley, The Secret That Wasn’t, Violent Felon Bragged that He Was Real Killer,Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory:

    [Eddie] Garza says he passed along the information [he heard from his informants about Hernandez's admissions that he, not DeLuna, killed Wanda Lopez] to the detective leading the investigation, Olivia Escobedo. Escobedo, now a real estate agent and police consultant in Florida, said she remembers no such tips.

    “I don’t recall anything about a Carlos Hernandez,” she said in a recent interview.

    “I always followed every lead,” added Escobedo, who primarily had investigated sex crimes and handled the De Luna case alone. “I went down rabbit trails when I didn’t have to. I followed everything I could think of.” Archived at:

  107. p. 143 “She didn’t know…old files on the matter.”
    For a discussion of the law enforcement files containing Carlos Hernandez’s rap sheet, showing that Escobedo passed them on to the prosecutors on May 2, 1983, see supra notes 93–103 and accompanying text. On the timing of the private investigators’ discovery of those files, see infra Chapter 11, notes 261–264 and accompanying text.

  108. p. 143 “Escobedo acknowledged…the Dahlia Sauceda affair.”
    Tamara Theiss’s Notes on Interview with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases (Feb. 27, 2005) at 1 (“I remember that Carlos Hernandez was also questioned [in the Dahlia Sauceda case], along with [Pedro] Olivarez and [Jesse] Garza, and that all three men were given polygraph exams. Mr. Garza was the one who was prosecuted because Mr. Olivarez was an eyewitness and said that he had seen Garza kill Ms. Sauceda. I left [Corpus Christi] in 1984 or 1985, before Mr. Carlos Hernandez was charged with Ms. Sauceda’s murder.”).

  109. p. 143 “‘Wanda Lopez…night shift to make ends meet.’”
    Tamara Theiss’s Notes on Interview with Olivia Escobedo, Lead Detective on the Dahlia Sauceda and Wanda Lopez Murders (Feb. 27. 2005) at 3:

    I don’t remember Carlos Hernandez being involved in the Lopez case at all. I would have remembered if he was at all under suspicion, because we were extremely thorough investigating the case and preparing our prosecution of Carlos DeLuna. I remember feeling very emotional and personally invested in that case because the victim, Wanda Lopez reminded me of myself, a single mother, on her own, working a night shift to make ends meet. Because of my attachment to the case, I recall making sure that we ran down every piece of information we had, to make sure DeLuna would be convicted. Ken Botary was just as meticulous, and I know for a fact that if Ken knew of Carlos Hernandez being involved, or if Hernandez’s name had come up in the investigation, Ken would have made sure that I followed that lead.

  110. p. 143 “She also said flatly…’sure that I followed that lead.’”
    Tamara Theiss’s Notes on Interview with Olivia Escobedo, Lead Detective on the Dahlia Sauceda and Wanda Lopez Murders (Feb. 27, 2005) at 3:

    I don’t remember Carlos Hernandez being involved in the Lopez case at all. I would have remembered if he was at all under suspicion, because we were extremely thorough investigating the case and preparing our prosecution of Carlos DeLuna. I remember feeling very emotional and personally invested in that case because the victim, Wanda Lopez reminded me of myself, a single mother, on her own, working a night shift to make ends meet. Because of my attachment to the case, I recall making sure that we ran down every piece of information we had, to make sure DeLuna would be convicted. Ken Botary was just as meticulous, and I know for a fact that if Ken knew of Carlos Hernandez being involved, or if Hernandez’s name had come up in the investigation, Ken would have made sure that I followed that lead.

    Steve Mills & Maurice Possley, The Secret That Wasn’t, Violent Felon Bragged that He Was Real Killer,Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory (“‘I always followed every lead,’ added Escobedo, who primarily had investigated sex crimes and handled the De Luna case alone. ‘I went down rabbit trails when I didn’t have to. I followed everything I could think of.’”). Archived at: http://perma.cc/K5QZ-JJUC.

  111. p. 143 “Eddie Garza’s former partner…with the Lopez killing.”
    Steve Mills & Maurice Possley, The Secret That Wasn’t, Violent Felon Bragged that He Was Real Killer,Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory (“Garza’s partner at the time, Paul Rivera, now a captain in the county sheriff’s department, also said he doesn’t remember the tips.”). Archived at: http://perma.cc/K5QZ-JJUC.

  112. p. 143 “He checked in…witnesses they interviewed.”
    See, e.g.,
    James S. Liebman’s Notes on Interview with Jon Kelly, Lawyer for Carlos Hernandez (Jan. 21, 2005) at 2 (discussing conversation with DeLuna prosecutor Steven Schiwetz in which Schiwetz described efforts by Paul Rivera to keep track of actions taken during the 2004 private reinvestigation of the DeLuna case and talk to witnesses who spoke to the investigators);

    James S. Liebman’s Notes on Peso Chavez’s Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (July 22 and 26, 2004) at 1 (“According to Gloria, Paul Rivera recently called Gloria Sanchez [to tell her that the out-of-town investigators looking into the Carlos DeLuna case are] going to be making a movie.”; also noting efforts by Rivera to find out what information the investigators had sought from Sanchez, including their interest in information Sanchez had brought to Rivera in 1979 linking Carlos Hernandez to the killing of Dahlia Sauceda”);

    James S. Liebman’s Notes on Interview with Robert Veregara, Corpus Christi Police Officer (Nov. 2, 2005) at 1 (noting that Officer Veregara, who overheard statements by Carlos DeLuna on the night of his arrest for stabbing Wanda Lopez contending that he did not commit the crime and could help police identify the man who did, was reluctant to talk to the out-of-town investigators and repeatedly urged them to talk instead to Paul Rivera, though Rivera had no role in the case and was no longer employed by Veregara’s employer, the Corpus Christi Police Department).

  113. p. 143 “He said that DeLuna…’stabbed that bitch one time and she died.’”
    See
    Bruce Whitman & James S. Liebman’s Notes on Interview with Paul Rivera, Corpus Christi Police Detective, and Elmer Cox, Nueces County Sheriff’s Deputy (Aug. 25, 2004) at 1:

    Years ago. David Petrusaidis (sic) and I. (DP [David Petrusaitis] became the sheriff in Rockport later). Early 1980s. Drive over. Not investigation; I was just curious. CDL [Carlos DeLuna]: “I been stabbed 100 times and I only stabbed that bitch 1 time and she died.” [Occurred when enforcing] Bench warrant [to bring DeLuna] from Huntsville death row to Corpus; maybe for sentencing; early 1980s. . . . Then, he [DeLuna] let’s slip the thing about “that bitch.” I said to David (Petrusaitis), “Did we just hear a confession?”

  114. p. 143 “Cox recalled…’Did we just hear a confession?’”
    See
    Bruce Whitman & James S. Liebman’s Notes on Interview with Paul Rivera, Corpus Christi Police Detective, and Elmer Cox, Nueces County Sheriff’s Deputy (Aug. 25, 2004) at 1.

  115. p. 143 “Any hint of a confession…for the cop who got it.”
    See infra
    Chapter 15, notes 52–54 (describing the court proceedings in which DeLuna was involved during the “early 1980s” time frame provided by Cox).

  116. p. 143 “Additionally, a close physical examination…on DeLuna…”
    Texas Dep’t of Criminal Justice Prison Admission Record, Texas Dep’t of Corrections Bureau of Records & Identification (July 26, 1983) (recording anatomical anomalies as part of routine admissions procedure for admitting prisoners to state prison, based on close examination for tattoos, scars, etc., and finding only “a tattoo CARLOS outsd upr rt f/arm . . . . Operscar rt sd abdm, [and] Burn scar outsd lft f/arm,” but no other, e.g., knife, scars or wounds).

  117. p. 143 “…Cox gave were inconsistent with the known facts.”
    According to Cox, DeLuna confessed that he knew Carlos Hernandez from prison. Bruce Whitman & James S. Liebman’s Notes on Interview with Paul Rivera, Corpus Christi Police Detective, and Elmer Cox, Nueces County Sheriff’s Deputy (Aug. 25, 2004) at 1 (“We asked him [DeLuna] how he knew Hernandez. He knew Hernandez from prison”).

    As a law enforcement officer who claimed he was then transporting DeLuna from the state prison in Huntsville to the County jail in Corpus Christi, (“[b]ench warrant from Huntsville death row to Corpus”), Cox knows the difference between prison and jail, as did DeLuna from his stays in both. DeLuna and Hernandez never overlapped in prison at the same time, much less in the same one of the dozens of prison facilities in Texas. Bruce Whitman & James S. Liebman’s Notes on Interview with Paul Rivera, Corpus Christi Police Detective, and Elmer Cox, Nueces County Sheriff’s Deputy (Aug. 25, 2004) at 1;

    see Carlos Hernandez and Carlos DeLuna Timeline 1951–1999 (listing no period during which DeLuna and Hernandez were simultaneously incarcerated at the same Texas prison, as opposed to the local jail in Corpus Christi); see also supra note 92. Cox claimed he asked DeLuna “how he had $ in his pocket [at the time of his arrest]. He didn’t have an answer to that. [When he had] [n]o answer [to that question,] [t]hat’s when I [k]new he was guilty.” Bruce Whitman & James S. Liebman’s Notes on Interview with Paul Rivera, Corpus Christi Police Detective, and Elmer Cox, Nueces County Sheriff’s Deputy (Aug. 25, 2004) at 1.

    One of the main points of DeLuna’s own testimony and evidence at trial was that the money found on his person at the time of his arrest was pay he had received from his job on the Friday before the day of the Lopez killing as well as the Friday of the killing. See infra Chapter 13, notes 166–168 and accompanying text (discussing amount of wages received by Carlos DeLuna in the eight days leading up to his arrest on February 4, 1983, and the location where and time when he and coworkers cashed their checks). At his trial, DeLuna also submitted pay stubs to back up his testimony, which showed that his take-home pay over the preceding seven days was greater than the amount of cash in his pocket.Def’s Ex. 38, 39. Trial Tr. Texas v. DeLuna, No. 83-CR0194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983);

    DeLuna thus consistently provided the explanation for the money in his pocket that Cox claimed DeLuna could not provide, the alleged absence of which was central to the conclusions Cox claimed he drew from the conversation. See also Wayne Waychoff, Employer of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 17, 1983) at 391–92:

    Q. So approximately I—you don’t have a copy of his paycheck there, but you— roughly he [Carlos DeLuna] would have been paid, what, a hundred thirty-five dollars [on Feb. 4, 1983]?

    A. Yes, sir, I believe that’s correct. . . .

    Q. [W]ould your records reflect how many hours he had gotten paid for the previous pay period?

    A. Yes, sir, they do.

    Q. Okay. And approximately how much—what does that reflect?

    A. On January the 28th, 1983, he received a check for seventy-one dollars and three cents, net pay.

    Carlos DeLuna Feb. 4, 1983 Paycheck, Issued by Triarch Corporation (noting that DeLuna was paid $135.49 on Feb. 4, 1983 and that the check was cashed that day at the Mercantile National Bank in Corpus Christi, Texas).

    Cox did not explain how he, a deputy sheriff, became immersed in the details of a murder case handled by the city police, not the county sheriff’s office, and how he could conduct the point-by-point interrogation he describes. He claimed his questions were not intended as an “investigation” but that he was “just curious.” Bruce Whitman & James S. Liebman’s Notes on Interview with Paul Rivera, Corpus Christi Police Detective, and Elmer Cox, Nueces County Sheriff’s Deputy (Aug. 25, 2004) at 1.

    Cox did not explain his failure to report the sensational information he claims he heard to superiors, as sheriff’s department procedures required. Cf. infra note 119–120 and accompanying text (documenting standard operating procedures requiring Cox to report the information he said he had received from DeLuna).

  118. p. 143 “He was sure…a capital prisoner like DeLuna.”
    David Petrusaitis, Former Corpus Christi Sheriff’s Deputy, Signed Notarized Statement (Mar. 3, 2005) at 1:

    My name is David Petrusaitis and I am a Deputy Sheriff at the Johnson County Sheriff’s Office where I have been employed for 3-yrs. I’m presently working in the Detective Crimes Against Property Division. In 1981 I was employed by the Nueces County Sheriffs Office and was assigned primarily to the patrol division and to the Nueces County Jail in 1982–1983 [strikethrough in original].

    While working as a patrolman at the Nueces County Sheriffs Office I sometimes transported prisoners. This was not a common task but sometimes patrolmen were required to transport prisoners for various reasons. While at the Nueces County Sheriff’s Office, I performed transports to and from different places with different officers. I never made a transport to or from TDC Hunstville Death Row with any officer at any time.

    I knew of the Wanda Lopez killing in 1983 but I was never aware of the circumstances of the case other than Ms. Lopez was killed at the Diamond Shamrock gas station/quick mart store located at SPID. I did not know the details of the case, as it happened in the city of Corpus Christi and was handled by CCPD officers [not by the Sheriffs Office].

    It is my understanding Deputy Elmer Cox, who was a Deputy and still is a Deputy with the Nueces County Sheriffs Office, has mentioned that I was present with him during a transport of inmate Carlos DeLuna from TDC Huntsville Death Row to Nueces County for a court hearing and that during the transport Carlos DeLuna admitted to stabbing the girl (Wanda Lopez) in the robbery. As I said before, I was never involved in a transport with a death row inmate from or to Hunstville while working at the Nueces County Sheriff’s Office. If I had been and I had overheard a res gestae admission from an inmate to a murder during the course of the transport I would have written down exactly what was said and documented it with a date and time and filed a follow up report with the Sheriff’s Office. I would also have made sure the follow up report was forwarded to the Nueces County Prosecuting Attorney. This was then and still is standard police procedure.

    I swear and affirm under the laws of perjury of the State of Texas that the following declaration is true and accurate.

  119. p. 144 “‘If I had been…with the Sheriff’s Office.’”
    David Petrusaitis, Former Corpus Christi Sheriff’s Deputy, Signed Notarized Statement (Mar. 3, 2005).

  120. p. 144 “‘This was then and still is standard police procedure.’”
    David Petrusaitis, Former Corpus Christi Sheriff’s Deputy, Signed Notarized Statement (Mar. 3, 2005).

  121. p. 144 “A year later…he didn’t mention Elmer Cox.”
    Steve Mills & Maurice Possley, The Secret That Wasn’t: Violent Felon Bragged that He Was Real Killer,Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory (discussing Paul Rivera’s disagreement with aspects of Eddie Garza’s recollections but making no mention of Rivera’s or to Sgt. Elmer Cox or to Cox’s claim that DeLuna had made admissions him and Petrusaitis). Archived at: http://perma.cc/K5QZ-JJUC.

  122. p. 144 “…when he made a coarse remark about the shooting of Sergeant Rick Garcia…”
    See
    Carlos DeLuna Mirror Mugshot, Corpus Christi Police Dep’t, (Jan. 21, 1983). The placard hung around DeLuna’s neck gives his Corpus Christi Police Department identification number (98714), and the date of the photograph (1–21–83). See infra Figure 9.1.

  123. p. 144 “…behind the 7-Eleven on Brownlee and Mary…”
    See
    Carlos Hernandez Mirror Mug Shot 74204, Corpus Christi Police Dep’t, (Apr. 4, 1983).

    The placard hung around Hernandez’s neck gives his number, 74204, and the date of the photograph: 4–04–83; infra Figure 9.1.

  124. p. 144 “When Detective Eddie Garza…men in the photos looked.”
    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 6, 2004) at 00:19:12–00:20:17:

    Q. Eddie, I’ve handed you a picture. Could you identify the photos? A photo, a picture of two men. Do you know these men?

    A. (holds up a photo of two men’s faces, points to the face on the right side of the photo) I know this guy. This is Carlos Hernandez. (points to the face on the left) This picture is similar to Carlos Hernandez, maybe it was when he was younger or something like that. The only thing I see different in these two guys is the eyes. The eyes themselves are a little bit different, but I do say that this (points to the face on the right) is Carlos Hernandez and this person right here (points to the face on the left) looks a lot like him but, like I said, it would be at maybe a younger age. The only thing different I see is the eyes.

    See Videotaped Interview Exhibit B (Eddie Garza Videotaped Interview Exhibit #16).

  125. p. 144 “He identified a photo of DeLuna as Hernandez at a younger age.”
    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 6, 2004) at 00:19:12–00:20:17.

  126. p. 144 “After studying the pictures…a slight difference in the eyes.”
    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 6, 2004) at 00:19:12–00:20:17.

    The difference in the eyes is a recurring theme with regard to Carlos Hernandez. See Transcribed Videotape Interview of Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:43:14–01:44:45:

    Q. Mr. Garza, would you compare Carlos DeLuna to Carlos Hernandez.

    A. Carlos DeLuna was not the type of violent person that I knew. He was sort of mild, like I said, he was slow in thinking. And comparing him to Carlos Hernandez: Carlos Hernandez, you would look at the guy, and you look straight in his eyes and you could see that cold, cold person, like he could stare straight through you. And it was a sort of a frightening, mean look that Carlos Hernandez had. Compared to Carlos DeLuna, it was totally different. The eyes were totally different. You can tell a person, when a person has meanness and a person is violent, you can see it right straight in the eyes. I handled many, many criminals, and you get a cold feeling when you look at a person like that that has a sordid stare. Carlos DeLuna was not that type of person. You could talk to him and he would look you straight in the eye. You wouldn’t feel threatened. You look at Carlos Hernandez and you look at him straight in the eye, you kind of feel a threat there. That’s how I compare them.

  127. p. 144 “Even then…looking at more than one person.”
    See
    Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:19:12–00:20:17.

  128. p. 145 “Rose Rhoton…Carlos Hernandez as her brother.”
    Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 21:01:35–21:02:40:

    Q. I’m going to show you another picture. I’ve marked this one number three. Take a look and see if you recognize anybody there.

    A. This is Carlos.

    Q. Which one did you indicate was Carlos? Please show us.

    A. Sorry. I’m not even sure if this is Carlos.

    Q. Which one did you think was him?

    A. I was thinking this one (points to man on left side of photo)I don’t know who this (points to woman in center)is.

    Pictured in the photo in question are Carlos Hernandez (left), Margie Tapia (center) and Ephraim Hernandez (right). Videotaped Interview Exhibit C (Rose Rhoton Videotaped Interview Exhibit #3).

  129. p. 144 “When Freddy Schilling…thought they were both Hernandez.”
    Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 14:48:44–14:51:23.

    Q. Let me show it to you, it’s [Exhibit] “F.S. number four.” And if you’ll just hold that up and describe what your reaction was.

    A. (holds photo) Well, my reaction was, when I’d first seen this picture, I really thought they were both of Carlos Hernandez. Because Carlos looked so much like this (points to the photo on the left side of the paper) when he was younger. This (points to photo on the right) is more of when he was all wasted, drinking a lot and alcoholic. But this one (points to photo on the left again)right here, like when he first came out of prison, it really . . . . Like I said, it sent chills through my body when I seen it. Then when he told me that this (points to photo on left) was Carlos DeLuna and this (points to photo on right) was Carlos Hernandez, I said, “God damn, I can believe that, that’s probably where the mistake was made.” ‘Cause it really, really looked like Carlos. (holds up the photo to the camera) You can see, right there, the resemblance. I really, really thought it was Carlos [Hernandez] when I first seen these pictures here. I didn’t know anything about Carlos DeLuna, I’ve never met the man, I’ve never seen him, I don’t know what he looked like. But when I seen them, right there, the first time they came to me, I said, “Carlos.” But when I got a closer look at them I seen that it wasn’t really Carlos. He told me it was Carlos DeLuna, I said, that’s really something, because he looks so much like him. So much. So much. So much. I mean, I would have made a mistake. I would have said, “It’s Carlos Hernandez.”

    Videotaped Interview Exhibit B (Freddy Schilling Videotaped Interview Exhibit #4);

    James S. Liebman’s Notes on Peso Chavez’s Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 1 (“When I showed Mr. Schilling the two photographs I had, he identified them as Carlos Hernandez. When I told him that the younger photograph was Carlos DeLuna he stated, ‘Man he’s a ringer of Carlos Hernandez when he first got out of prison. That gives me the goose bumps’.”);

    supra Prologue, Notes 25–30 and accompanying text.

  130. p. 145 “I didn’t know anything about Carlos DeLuna, I’ve never met the man.”
    See
    Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 14:48:44–14:51:23 (quoted supra note 129);

    James S. Liebman’s Notes on Peso Chavez’s Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 1.

  131. p. 146 “When Hernandez’s lawyer…without a mustache.”
    Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 07:54:20–08:06:01:

    Q. OK, I’m going to hand you a piece of paper here. This is again JK, Jon Kelly, 12/9/04, number 3. Mr. Kelly, you’re holding a picture there that you are holding in your hand.

    A. Right.

    Q. Can you take a look at it. When you saw it over here on the desk, tell me what you said . . . .

    A. As it was being handed to me, I glanced at it, and remember, I’m practiced at looking at pictures. I glanced at it, I said, “that’s my boy,” meaning Carlos Hernandez. Then, upon reflection, and looking a little closer, and remembering that, at the time . . . . Carlos, it’s Carlos Hernandez without a moustache. Looking closer I recognized that it was DeLuna, Carlos DeLuna, who, I had seen a previous picture of him. But initially . . . It would have been of great assistance to have these photos in a line-up, and I believe DeLuna was already saying, fairly early in the case, that Carlos Hernandez was the defendant. Could have been him [Carlos Hernandez] too. He [Carlos Hernandez] looks just like him [Carlos DeLuna]. [they begin to take his mike off] I mean, that’s true, they should have done a line-up.”

    Videotaped Interview Exhibit B (Jon Kelly Videotaped Interview Exhibit #3);

  132. p. 146 “Shirley Currie…Hernandez at a younger age.”
    Peso Chavez’s Notes on Interview with Shirley Currie, Friend of Carlos Hernandez (Aug. 17, 2004) at 2 (“When I showed Ms. Currie the side by side photographs of Carlos Hernandez and Carlos DeLuna she identified the younger photograph of Carlos DeLuna as being Carlos Hernandez. She stated, ‘As a younger man—yes.’”).

  133. p. 146 “Mary Ellis…mistook a picture of DeLuna as Hernandez.”
    James S. Liebman’s Notes on Sita Sovin’s Interview with Mary Ellis, Friend of Carlos Hernandez (Oct. 22, 2004) at 2 (“She looked at a picture of Carlos DeLuna and said that at first glance she thought it was Carlos Hernandez, although on close inspection she could see that it wasn’t.”).

  134. p. 144 “Linda Perales…mistook a picture of Hernandez at DeLuna.”
    Sita Sovin & Lauren Eskenazi’s Notes on Interview with Mary Ann Perales Benavides, Witness Against Carlos DeLuna (Sep. 15, 2004) at 2:

    We showed Mary Ann the photograph of Carlos Hernandez, his brother Frankie, and the unnamed pregnant woman. Mary Ann identified the man on the right (CH) as Carlos DeLuna. She said the eyes looked the same. The dark hair was similar. However, she noted that Carlos DeLuna was heavier than the man in the photograph and said that CDL had a rounder face than the man in the photograph. Mary Ann states that from a distance one might confuse CH with CDL.

  135. p. 146 “…spoke to Deluna often, did the same…”
    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 03:39:23–03:42:32:

    Q. [Handing Boudrie an exhibit numbered] “K.B. number one” and today’s date. (hands her a photo) Look at that and maybe hold it up and say who, anybody there you recognize.

    A. Ok. This guy’s got a tattoo. It looks kind of like Carlos DeLuna, but I don’t think it is. But I don’t know who this person is.

    Q. Karen, I’m going to hand you another one. This is labeled ‘K.B. number two’ on the back. See if you recognize anybody in that picture.

    A. I think the guy in the cowboy hat [actually Carlos Hernandez] is Carlos DeLuna. It’s certainly his eyes, it looks like Carlos’s [DeLuna's] eyes.

    See Videotaped Interview Exhibit A (Karen Boudrie-Evers Videotaped Interview Exhibit #1);

    Videotaped Interview Exhibit C (Karen Boudrie-Evers Videotaped Interview Exhibit #2).

  136. p. 146 “…a police office who had arrested both men.”
    James S. Liebman’s Notes on Interview with Robert Veregara, Corpus Christi Police Officer (Nov. 2, 2005) at 1 (“He said he knew both CH [Carlos Hernandez] and CDL [Carlos DeLuna]. I showed him my collection of 3-way mirror pics of CH and he shuffled thru them. When he got to the April 1983 3-way mirror pic of CH, he said ‘oh, that’s DeLuna.’ As for the other pix, he said he recognized CH but doesn’t remember ever arresting him.”);

    see also R.H. Veregara, Corpus Christi Police Officer, CCPD Arrest Report (May 25, 1996) at 1 (reporting prior arrest of Carlos Hernandez, DOB 7/14/54 by Veregara).

  137. p. 146 “When shown pictures…mistake one for the other.”
    Transcribed Videotape Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Feb. 23, 2005) at 11:30:04–11:31:25:

    Q. Ok. And I want to just ask you, again, do you remember, I think it was in August of last year, August of 2004, [another investigator] and I came to your office over at the IRS. And you took us upstairs to this beautiful conference room with a view of the bay and everything. And we spoke to you then, remember that?

    A. I remember.

    Q. And at that point we showed you a picture of Carlos Hernandez, and we also showed you a picture of Carlos DeLuna. Do you remember that?

    A. I remember when Mr. Chavez showed me a picture, when all this first started, of a Carlos DeLuna. I never knew him. But he showed me the picture and told me that, he told me he’d already been executed and I started crying. I got emotional in that I didn’t know that he’d already been executed for something he hadn’t done. And then when you showed me the picture of the two of them, I recognized Carlos Hernandez right off, but also could see how it was easy to mistake the two.

    Peso Chavez & James S. Liebman’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004) at 4 (“[Investigator] Peso [Chavez] shows Gloria the pic of Carlos DeLuna. Response without prompting: ‘That looks like Carlos Hernandez.” Later she comes back to point, spontaneously. ‘He [Hernandez] looks like him [DeLuna].’”).

  138. p. 146 “‘God forbid.’”
    Sita Sovin and Lauren Eskenazi’s Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Oct. 29, 2004) at 4.

Testimony in Court and Depositions

  1. Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  2. Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);
  3. 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);
  4. Joel Infante, Corpus Christi Police Identification Technician, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);
  5. Freddie 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);
  6. Trial Transcript, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 17, 1983);
  7. Wayne Waychoff, Employer of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983);
  8. Ernest Dave Wilson, Corpus Christi Police Fingerprints Examiner, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 17, 1983);

Other Primary Records

  1. George Aguirre, Witness to Events Outside Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983);
  2. Arrest Report for Carlos DeLuna, Corpus Christi Police Dep’t (May 23, 1980);
  3. Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (July 29, 1978);
  4. Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Aug. 19, 1978);
  5. Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Jan. 10, 1980);
  6. Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Jan. 21, 1980);
  7. Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (May 4, 1980);
  8. Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Oct. 26, 1981);
  9. Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Oct. 10, 1982);
  10. Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Apr. 3, 1983);
  11. Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (May 9, 1985);
  12. Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Mar. 28, 1986);
  13. Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (May 5, 1987);
  14. Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (July 16, 1987);
  15. Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Apr. 15, 1989);
  16. Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (May 25, 1996);
  17. Arrest Sheet No. C16196, Offense No. 81230044, for Carlos DeLuna, Corpus Christi Police Dep’t (Jan. 12–15, 1979);
  18. Arrest Warrant for Carlos Hernandez, Nueces Cty. (Feb. 8, 1984);
  19. Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983);
  20. Allan Bayle, Former Scotland Yard Fingerprint Expert, Fingerprint Analysis (July 3, 2004, Sep. 6, 2004, and June 8, 2005);
  21. D.M. Blank, Corpus Christi Police Officer, CCPD Arrest Report (Oct. 10, 1982);
  22. CDL–CH Height-Weight Comparison (Jan. 25, 2010);
  23. J. Cervantes, Corpus Christi Police Sergeant, CCPD Supplementary/Narrative Report (Mar. 15, 1994);
  24. J. Cervantes, Nueces County Sheriff’s Dep’t, Field Arrest Report (Mar. 15, 1994);
  25. Complaint, Texas v. Hernandez, No. 85806–2 (Nueces Cty. Ct. No. 2 Nov. 6, 1983);
  26. Criminal History Record for Carlos Hernandezes (May 2, 1983);
  27. M. DeLeon, Corpus Christi Police Officer, CCPD Arrest Report (Apr. 15, 1989);
  28. Carlos DeLuna Feb. 4, 1983 Paycheck, Issued by Triarch Corporation (Feb. 4, 1983);
  29. Carlos DeLuna Mirror Mugshot, Corpus Christi Police Dep’t, (Jan. 21, 1983);
  30. E-mail from James S. Liebman to William Belford (July 12, 2005, 10:14 AM);
  31. Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report , Corpus Christi Police Dep’t (Feb. 12, 1983);
  32. Fingerprint Record No. 55682 of Carlos Hernandez, Corpus Christi Police Dep’t (Feb. 4, 1972);
  33. Fingerprint Record No. 74204, Major Case Fingerprints of Carlos Hernandez, Corpus Christi Police Dep’t (Oct. 26, 1981, with additional notations made Apr. 4, 1983);
  34. Juvenile Record for Carlos Hernandez (Case No. 9699), Corpus Christi Police Department (March 21, 1971);
  35. R.N. Garcia, Corpus Christi Police Sergeant, CCPD Arrest Report (Mar. 27, 1986);
  36. D. Gonzalez, Corpus Christi Police Officer, CCPD Arrest Report (Jan. 21, 1987);
  37. Google Maps http://goo.gl/Pgpxk (May 5, 2012). Archived at: http://perma.cc/GZ8Z-VK9L
  38. J. Granger, Corpus Christi Police Officer, CCPD Arrest Report (July 29, 1978);
  39. Carlos Hernandez and Carlos DeLuna Timeline 1951–1999;
  40. Carlos Hernandez Major Case Prints, Corpus Christi Police Dep’t (Oct. 26, 1981);
  41. Carlos Hernandez Mirror Mugshot 74204, Corpus Christi Police Dep’t (Apr. 4, 1983);
  42. Carlos Hernandez Online Criminal Record;
  43. D. Hewparch, Corpus Christi Police Officer, CCPD Arrest Report (Aug. 19, 1978);
  44. Joel Infante, Corpus Christi Police Identification Technician, Field Investigation Report (Feb. 4, 1983);
  45. Letter from James F. Waller, Jr., Supervisor, Texas Dep’t of Public Safety, to Sgt. Jesse Cervantes, Corpus Christi Police Sergeant (July 12, 1994);
  46. Bruno Mejia, Corpus Christi Police Dep’t, Officer, Supplementary Report (Feb. 4, 1983);
  47. Mot. to Withdraw Exhibits, Texas v. DeLuna, 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 22, 1983);
  48. Nueces Cty. Sheriff’s Dep’t, Jail Card for Carlos DeLuna (Feb. 8, 1983);
  49. Nueces Cty. Sheriff’s Dep’t, Re-Arrest Report for Carlos Hernandez (May 6, 1980);
  50. Order and Notice of Withdrawal of Pre-Revocation Warrant of Arrest, Texas Dep’t of Criminal Justice, Bd. of Pardons and Paroles (May 23, 1980);
  51. David Petrusaitis, Former Corpus Christi Sheriff’s Deputy, Signed Notarized Statement (Mar. 3, 2005);
  52. D.G. Pulido, Corpus Christi Police Officer, CCPD Arrest Report (Jan. 10, 1980);
  53. Paul Rivera, Corpus Christi Police Detective, CCPD Arrest Report (May 4, 1980);
  54. L. Serna, Corpus Christi Police Officer, CCPD Arrest Report (Apr. 3, 1983);
  55. K. Starr, Corpus Christi Police Sergeant, CCPD Arrest Report (Oct. 26, 1981);
  56. Texas Dep’t of Criminal Justice, Bd. of Pardons and Paroles, Certificate of Parole for Carlos Hernandez (Dec. 7, 1977);
  57. Texas Dep’t of Criminal Justice, Bd. of Pardons and Paroles Division, Minutes from Feb. 26, 1975 to May 18, 2000, Carlos Hernandez;
  58. Texas Dep’t of Criminal Justice, Bd. of Pardons and Paroles Division, Minutes of Carlos Hernandez (May 27, 1980);
  59. Tex. Dep’t of Criminal Justice, Bd. of Pardons and Paroles, Notice of Alleged Violation of Release, Carlos Hernandez, List of Court Records (Dec. 6, 1983);
  60. Texas Dep’t of Criminal Justice, Clemency and Parole System, Minutes Browse Screen, Name: Hernandez, Carlos (Aug. 13, 2004);
  61. Texas Dep’t of Criminal Justice Prison Admission Record, Texas Dep’t of Corrections Bureau of Records & Identification (July 26, 1983);
  62. B.T. Uhler, Corpus Christi Police Officer, CCPD Arrest Report (July 16, 1987);
  63. R. Vasquez, Corpus Christi Police Sergeant, CCPD Arrest Report (May 9, 1985);
  64. R.H. Veregara, Corpus Christi Police Officer, CCPD Arrest Report (May 25, 1996);
  65. Witness Subpoena for Carlos Hernandez, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 6, 1984);
  66. W.H. Yeager, Corpus Christi Police Officer, CCPD Arrest Report (May 5, 1987);

Transcribed Videotape Interviews

  1. Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004);
  2. Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005);
  3. Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 5, 2004);
  4. Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004);
  5. Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Texas (Feb. 26, 2005);
  6. Transcribed Videotape Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas, (Feb. 23, 2005);
  7. Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005);

Notes from Other Interviews

  1. Lauren Eskenazi & Sita Sovin’s Notes on Interview with Mary Ann Perales Benavides, Witness Against Carlos DeLuna (Sep. 15, 2004);
  2. Peso Chavez’s Notes on Interview with Shirley Currie, Friend of Carlos Hernandez (Aug. 17, 2004);
  3. James S. Liebman’s Notes on Bruce Whitman’s Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 11, 2004);
  4. James S. Liebman’s Notes on Sita Sovin’s Interview with Mary Ellis, Friend of Carlos Hernandez (Oct. 22, 2004);
  5. Tamara Theiss’s Notes on Interview with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases (Feb. 27. 2005);
  6. James S. Liebman & Bruce Whitman’s Notes on Interview with Eddie Garza, Corpus Christi Police Detective (Aug. 25, 2004);
  7. Lauren Eskenazi & Sita Sovin’s Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Sep. 16, 2004);
  8. Sita Sovin and Lauren Eskenazi’s Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Oct. 29, 2004);
  9. Peso Chavez & James Liebman’s Notes on Interview with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16–20, 2004);
  10. James S. Liebman’s Notes on Interview with Jon Kelly, Lawyer for Carlos Hernandez (Jan. 21, 2005);
  11. James S. Liebman’s Notes on Interview with Paul Rivera, Corpus Christi Police Detective (July 14, 2004);
  12. James S. Liebman & Bruce Whitman’s Notes on Interview with Paul Rivera, Corpus Christi Police Detective, and Elmer Cox, Nueces County Sheriff’s Deputy (Aug. 25, 2004);
  13. James S. Liebman’s Notes on Peso Chavez’s Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (July 22 and 26, 2004);
  14. Peso Chavez & James S. Liebman’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004);
  15. Peso Chavez’s Notes on Interview with Freddie Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004);
  16. James S. Liebman’s Notes on Peso Chavez’s Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004);
  17. James S. Liebman’s Notes on Interview with Robert Veregara, Corpus Christi Police Officer (Nov. 2, 2004);

News Reports

  1. Sara Lee Fernandez & Mike Baird, Cases Not Closed: Police Continue Homicide Investigations, Corpus Christi Caller-Times, June 20, 2005, at http://www.caller.com/news/2005/jun/20/cases-not-closed/. Archived at: http://perma.cc/C8SL-6B64.
  2. Steve Mills & Maurice Possley, The Secret that Wasn’t: Violent Felon Bragged that He Was Real Killer, Chi. Trib., June 27, 2006, http://articles.chicagotribune.com/2006-06-27/news/0606270137_1_gas-station-stabbed-killing/. Archived at: http://perma.cc/V2UA-TUMH.

Figure 9.1:

image

Three-way-mirror mug shots of Carlos DeLuna on January 21, 1983 (top left), and Carlos Hernandez on April 4, 1983 (top right), and close-ups of DeLuna’s and Hernandez’s left profiles (bottom left) and right profiles (bottom right).