1. p. 315 “‘Tell everyone on Death Row to keep the faith and don’t give up.’”
    Texas Dep’t of Criminal Justice, Offender Information Last Statement for Carlos DeLuna (Dec. 7, 1989), available at http://www.tdcj.state.tx.us/death_row/dr_info/delunacarloslast.html. Archived at:  http://perma.cc/RK2G-XVKT.
  2. p. 315 “I didn’t do it, but I know who did.”
    See supra Chapter 3, notes 129–131 and accompanying text.
  3. p. 315 “…wet, agitated, and smelling of beer…”
    See supra Chapter 2, note 254–256 and accompanying text.
  4. p. 315 “‘I’ll help you…if you help me.’”

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

    see supra Chapter 3, note 131 and accompanying text.

  5. p. 315 “Although it took…well-founded fears…”
    See supra Chapter 7, notes 228–230 and accompanying text; supra Chapter 8, notes 68–69; supra Chapter 17, notes 88–91, 103–105 and accompanying text.
  6. p. 315 “Carlos said…to his family…”

    Transcribed Videotape Interview with Vicky Gutierrez, Half-Sister of Carlos DeLuna, in Garland, Texas (Feb. 27, 2005) at 00:23:17 (“When I would go visit him in jail, he would say that he didn’t do it. He was always saying he didn’t do it. That they were going to execute him. That’s all he would say, he said that he didn’t do it.”);

    Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:32:36 (“He told me he didn’t do it. I asked him, ‘Carlos, did you do this?’ I asked him when he was in Death Row. I asked him, ‘Did you do this?’ He said, ‘No, I didn’t do it. If you would just go to Corpus, this is where this guy lives. His name is Carlos Hernandez.’ He committed the crime.”);

    Bruce Whitman’s Notes on Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 11, 2004) at 1 (“I just wanted to know if he did kill that girl? His response to me was, no I didn’t.”);

    see supra Chapter 5, note 102 and accompanying text; supra Chapter 15, notes 82–83 and accompanying text; supra Chapter 16, notes 163–167 and accompanying text.

  7. p. 315 “…friends…”

    See, e.g., Transcribed Videotape Interview with Rosie Esquivel, Girlfriend of Carlos DeLuna While He Was on Death Row, in Garland, Texas (Feb. 27, 2005) at 23:55:34 (“Usually if someone does kill someone they usually end up bragging to someone else, and Carlos never did that. He maintained until the end, when he was executed, that he was innocent. And they should have listened to him. They treated his case unfairly. It was unjustified, what they did.”);

    see also supra Chapter 16, notes 5–12 and accompanying text.

  8. p. 315 “…lawyers…”

    Transcribed Videotape Interview with Hector De Peña Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 12:06:40, 12:12:18, 12:12:44 (“We tried, with a great deal of diligence, to try and get that information from him [Carlos DeLuna], because we felt it was important in terms of his defense as to whether or not he was actually involved or not involved. . . . But he would never reveal it, basically indicating to us, ultimately, that if he did reveal it he wouldn’t be safe either outside the penitentiary or in the penitentiary. . . . He was adamant that he was not guilty and he wanted his day in court. . . . He was adamant that he was not involved in the girl’s killing.”);

    see supra Chapter 11, notes 69–82, 275–278 and accompanying text.

  9. p. 315 “…give him a lie-detector test…”

    Transcript of Karen Boudrie-Evers’s TV Reports on DeLuna/Lopez Case (1984–85) at 00:02:32 ([quoting DeLuna:] “When I had my turn in court, I offered to take a lie-detector test or any kind of test the district attorney wanted. Mr. Steve Schiwetz, the district attorney, refused. . . .”);

    see supra Chapter 12, notes 1–3 and accompanying text; supra Chapter 13, notes 208–211, 221–223 and accompanying text; supra Chapter 15, notes 318–321 and accompanying text (all discussing the prosecutors’ awareness of DeLuna’s claim of innocence and his request, evidently declined by prosecutor Steven Schiwetz, to take a lie detector test).

  10. p. 315 “…media who would listen…”

    See, e.g., Transcript of Karen Boudrie-Evers’s TV Reports on DeLuna/Lopez Case (1984–85) at 02:09–02:32 (quoted supra Chapter 15, notes 311–323 [need number] and accompanying text);

    Linda Carrico, DeLuna Is Scheduled to Be Executed Tomorrow,Corpus Christi Caller-Times, Oct. 14, 1986, at B1:

    Death Row inmate Carlos DeLuna contends he will die for a crime he did not commit if he is executed for the 1983 fatal shooting of a Corpus Christi service station clerk. . . . DeLuna, now 24, maintains he is innocent even though a jury found him guilty of Ms. Lopez’s death and two appeals courts upheld that conviction and death sentence. In a Caller interview, DeLuna said he was arrested because he was in the area and authorities needed a suspect. DeLuna claimed he was across the street and saw the killing, but walked away without reporting what he saw. “I knew since I had been convicted before in Dallas County they would pin this one on me,” DeLuna said. . . . DeLuna claims he is a victim of mistaken identity. He said a friend, Carlos Hernandez killed the clerk but authorities refuse to believe him.

    DeLuna Executed for the 1983 Robbery-Slaying of Woman, Galveston Daily News, Dec. 8, 1989, at A11 (“Convicted killer Carlos DeLuna, saying he had no hate and professing support for his fellow death row inmates, was executed early Thursday for the 1983 Robbery-Slaying of a Corpus Christi Woman. . . . DeLuna had insisted all along that he was not responsible for the death of Wanda Jean Lopez, 24″); Cindy Tumiel, Convicted Killer Executed After Court Rejects Appeals, Corpus Christi Caller-Times, Dec. 7, 1989, at B1 (“Carlos DeLuna was put to death early today for the robbery and slaying of a Corpus Christi service station attendant . . . . DeLuna has continued to maintain his innocence, claiming that the murder was committed by a friend named Carlos Hernandez.”);

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:30:50 (“Every time I talked to Carlos, and in every letter, he talked about how his life had gone astray but he always denied committing this crime.”);

    James S. Liebman’s Notes on Interview with Linda Carrico, Corpus Christi Newspaper Reporter (Sept. 2004) at 1 (“One issue I was interested in was death sentences imposed in Corpus Christi. I set up an appointment to interview the CC inmates on death row. Most of the time these people had never testified at trial, so I wanted to interview them. I would get permission from the prison, but most of the time the inmate wouldn’t come out and talk to me. One of the few to come out and talk to me was Carlos DeLuna.”);

    see supra Chapter 15, notes 20–24, 47–49, 121–125, 311–327, 338 and accompanying text; supra Chapter 16, notes 94, 200, 205–210, 235, 265 and accompanying text.

  11. p. 315 “After his conviction…Hernandez was the killer.”
    See supra Chapter 15, notes 20–24, 47–49, 82–83, 121–125, 160–161, 202–204, 311–327, 338 and accompanying text; supra Chapter 16, notes 6–16, 24, 162–167, 170–192, 196–210, 235, 265 and accompanying text.
  12. p. 316 “In correspondence…Hernandez as the culprit.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:30:50–01:31:35 (“Every time I talked to Carlos, and in every letter, he talked about how his life had gone astray but he always denied committing this crime.”);

    see supra Chapter 15, notes 20–24, 47–49, 121–125, 311–327, 338 and accompanying text; supra Chapter 16, notes 196–210 and accompanying text.

  13. p. 316 “With nothing left…execute an innocent man.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:25:30 (“I said, ‘Carlos, is there anything you want to tell me? Do you want to tell me anything about what really happened?’ He said, ‘No, they’re putting to death an innocent man.’ And I think at that point it really hit me that maybe they were. He had nothing to lose at this point.”).

  14. p. 316 “As the Reverend…meet his Maker.”

    Transcribed Videotape Interview with Carroll Pickett, Texas Death House Chaplain, in Huntsville, Texas (Feb. 26, 2005) at 21:45:38–22:11:40:

    And I asked him [Carlos DeLuna], did he want . . . to tell [me] the truth. He said, “Sure.” I did them all that way. . . . “Go ahead, I want to know the whole story.” He said, “I’m not so much afraid of dying, it’s how, and what’s going to happen after that.” So I explained it all to him. And then he said, “Can we talk privately?” So we began to talk privately. And many of the convicts, between 10:15 and midnight, confessed to a lot of things for which they were not convicted. I began in the beginning saying some of them are just bragging. I began to check them out with friends of mine, without telling them. They were true. There was a lot of confession. At ten o’clock to midnight is a very traumatic situation. I went to my doctor, and he told me, “One of these days you’re going to pay for all this, because you’re taking in a lot of stuff you can’t get out.” And he was a cardiologist in Victoria. And I may be, right now, in that position at this very minute [given the heart trouble Pickett was suffering at the time of the interview]. But Carlos wanted to talk about it, and we discussed those two issues: Why did you let her [the victim] talk on the phone? And why did you stay [under] the truck? And he said, “I didn’t do it.” That’s as clear as a bell to me. . . . And I believed him. . . . In my opinion, having watched ninety-five die in the execution chamber—I watched hundreds that died—because we had the hospital. We had an intensive care. We had a Death Row in the hospital. The third floor, I had a hundred people that died over there from heart attacks, C.O.P.D., AIDS, cancer, you name it. And I went through this for sixteen years, listening to them on their last days and nights. I spent way too many hours, I suppose, listening to their last confession. But some of them I believed. And some of them I checked out, and they were innocent people. I fully believe Carlos DeLuna was an innocent man, and I will always believe that.”

    See supra Chapter 16, notes 94–98, 105, 168–193 and accompanying text.

  15. p. 316 “Even before Carlos…run away from the police.”
    See supra Chapter 5, notes 166, 210 and accompanying text; Chapter 16, notes 94–95 and accompanying text.
  16. p. 316 “When the prison-hardened minister…carefully prepared…”
    See supra Chapter 16, notes 73–81, 88–95, 100–105, 168–193, 213–234 and accompanying text.
  17. p. 316 “Carlos confessed…’I didn’t do it.’”
    See supra Chapter 16, notes 186–193 and accompanying text.
  18. p. 316 “His final words…keep fighting.”

    Transcribed Videotape Interview with Carroll Pickett, Texas Death House Chaplain, in Huntsville, Texas (Feb. 26, 2005) at 22:19:01–22:22:08 (“But Carlos and I practiced what he was going to say. If you notice the real words, Carlos never admitted to the crime. He did not apologize or ask forgiveness from the family of who was killed. His concern was for his family. He was concerned for the friends he had on Death Row. One of his last words, which are very, very important, ‘Don’t give up.’ Because many of them are striving to prove their innocence. 120, I believe it is, in America, have been taken off Death Row in the last three years or four years, who were found to be innocent. I believe Carlos was one of those.”);

    see supra Chapter 16, notes 241–248 and accompanying text.

  19. p. 316 “Hernandez proudly admitted…following the killing.”
    See supra Chapter 8, notes 45–74, 85–111 and accompanying text; supra Chapter 9, notes 7–9, 56–59 and accompanying text; supra Chapter 17, notes 31–33, 40, 44–50 and accompanying text.
  20. p. 316 “He broadcast…weeks of the killing.”
    See supra Chapter 9, notes 7–9, 56–59 and accompanying text; see also supra Chapter 8, notes 108–111.
  21. p. 317 “The had caught…knife in his pocket.”
    See supra Chapter 9, notes 73–90 and accompanying text.
  22. p. 317 “Hernandez’s newly shorn…adult life…”
    See supra Chapter 6, note 143 and accompanying text & Figure 6.2; supra Chapter 7, notes 57, 222 and accompanying text; supra Chapter 9, notes 87–88 & Figure 7.2 and accompanying text; supra Chapter 17, Figures 17.1, 17.2.
  23. p. 317 “His precipitous…known address…”
    See supra Chapter 9, notes 35, 88 and accompanying text
  24. p. 317 “…police and subpoena servers.”
    See supra Chapter 12, notes 11–12 and accompanying text.
  25. p. 317 “Although there is no way…reach the younger man.”
    See supra Chapter 9, notes 91–92 and accompanying text; supra Chapter 11, notes 69–72, 277–280 and accompanying text.
  26. p. 317 “If it did…lot in 1979…”
    See supra Chapter 7, notes 79, 227 and accompanying text.
  27. p. 317 “…in Hernandez’s orbit…”
    See supra Chapter 6, notes 199–207; supra Chapter 8, notes 63–69 and accompanying text; supra Chapter 9, notes 91–92 and accompanying text; supra Chapter 13, notes 193–198, 267–271 and accompanying text.
  28. p. 317 “…until the eve of trial.”
    See supra Chapter 11, notes 69–72, 275–278 and accompanying text.; supra Chapter 12, notes 45–46 and accompanying text.
  29. p. 317 “As Carlos DeLuna…’knife on Wanda’s life.’”
    See supra Chapter 8, notes 45–74, 85–111; Chapter 17, notes 31–33, 40, 44–59 and accompanying text.
  30. p. 317 “He confessed…mid-1980s…”
    See supra Chapter 8, notes 98–107 and accompanying text.
  31. p. 317 “…in the late 1980s…”
    See supra Chapter 17, notes 11, 31–33, 40, 44–50 and accompanying text.
  32. p. 317 “…in the early 1990s.”
    See supra Chapter 8, notes 87–90 and accompanying text.
  33. p. 317 “Given the chatter…Staples and Mary…”
    See supra Chapter 9, notes 7–9, 54–56 and accompanying text.
  34. p. 317 “…from multiple directions…”
    See supra Chapter 8, notes 85–86 and accompanying text.
  35. p. 317 “…confided to her sister…”
    See supra Chapter 8, notes 94–97 and accompanying text.
  36. p. 317 “…Albert Peña overheard…”
    See supra Chapter 8, notes 108–11 and accompanying text.
  37. p. 317 “Cindy Maxwell…knows the truth.”
    See supra Chapter 8, notes 94–97 and accompanying text; supra Chapter 17, notes 31–33, 74 and accompanying text.
  38. p. 317 “So may Rosa…’very painful’ memories.”

    See Peso Chavez’s Notes on Attempt to Interview Rosa Anzaldua (Feb. 18, 2005) at 1 (“Ms. Anzaldua was very pleasant in her manner and speech but kindly asked that she not be bothered by anyone else in regard to this matter. She stated, ‘I don’t want to remember those days—it was very painful—I ask that no one come here again.’ . . . I asked if it would be possible to send her written questions that she could answer at her convenience—she stated no. I then left.”);

    supra Chapter 6, notes 118–122 and accompanying text.

  39. p. 317 “Rosa’s car…at the time…”
    See supra Chapter 8, note 56 and accompanying text.
  40. p. 317 “…evening of the killing…”
    See supra Chapter 2, notes 206–214 and accompanying text.
  41. p. 318 “…west of the Circle K.”
    See supra Chapter 2, notes 239–241 and accompanying text; supra Chapter 13 notes 52–53 and accompanying text.
  42. p. 318 “And so may…Hernandez confessed…”
    See supra Chapter 7, notes 187–192, 211 and accompanying text.
  43. p. 318 “…repeating what was said.”
    See, e.g., Swindler & Berlin v. Hamilton, 524 U.S. 399, 410 (1998) (holding that attorney-client privilege survives the client’s death); Cf. Tex. Evid. R. 503(a)(3) (providing only confidential conversations between lawyers and their clients are privileged and defining confidentiality in a way that would likely exclude conversations occurring in a public place, such as a bar, where some of Kelly’s conversations with Hernandez occurred).
  44. p. 318 “Answers may lie…in Botary’s care…”
    See supra Chapter 7, notes 199–203 and accompanying text.
  45. p. 318 “…disappears at Botary’s desk.”
    See supra Chapter 15, notes 7–10 and accompanying text & Figure 15.1.
  46. p. 318 “He was a frighteningly…rare trips to prison…”
    See supra Chapter 6, notes 27–60, 89–122, 178–207, 220-222 and accompanying text; supra Chapter 7, notes 59, 143–148, 209–211, 225–228 and accompanying text; supra Chapter 9, notes 10–49 and accompanying text; supra Chapter 17, notes 13–23, 85–99, 103–107 and accompanying text.
  47. p. 318 “…during the 1980s and 1990s…”
    See supra Chapter 6, note 142 and accompanying text; supra Chapter 8, notes 45–72 and accompanying text; supra Chapter 9, notes 67–71 and accompanying text; supra Chapter 13, note 268 and accompanying text; supra Chapter 17, notes 11–12 and accompanying text.
  48. p. 318 “…mall to buy presentable clothes.”
    See supra Chapter 6, notes 139–142 and accompanying text.
  49. p. 318 “It is not the ghost of Chipita Rodriguez…”
    See supra Prologue, notes 9–10 and accompanying text.
  50. p. 318 “Carlos’s sister…accountant for a software company.”

    Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 19:44:14, 19:46:06 (“I’m 41 years old. I live in Houston, Tex. . . . I’m a staff accountant for Zephyr Development, a software company. And I’ve been there for the past seven and a half years.”)

  51. p. 318 “Her son served…worst of the fighting there.”

    Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 19:44:14, 19:45:28 (“[I have] 2 kids, a daughter that’s 23 years old and a son that’s 21 years old. . . . Our son was in Fallujah, the first time he went to Iraq for almost 6 months. And then he was stationed at Fallujah for another 6 months, almost 6 months, for a total of almost about a year in Iraq. And he’s a Marine. He came home, he’s 21 years old and he came home for a visit. And we had a wonderful visit with him. Wonderful, wonderful son. To be able to serve his country. And he’s based back in Camp LeJeune and hopefully, he’ll be home, back April 5.”).

  52. p. 318 “Rose avoids…memories are too painful.”

    Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 21:20:34 (“I don’t even like going to Corpus. I hate Corpus. I can’t stand it. Every time we go to Corpus—if we have to go there for whatever reason—it just brings all that past memories. All I want to remember of Carlos is that moment when he hugged me and he said he loved me. I saw the peace in his face even though he was afraid, that peace in his heart. That’s the reason why I don’t even want to go back to Corpus and see that grave of my brother, because I know he should not be there. He should have never been executed, never.”).

  53. p. 318 “She is…opponent of the death penalty.”

    Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at. 21:30:45:

    I’m against Death Row. Not just because my brother was in Death Row, we’re talking about a life. Executing someone, are you sure that that person committed such a crime? Are we sure? Can you prove it? Execution, I believe, is just totally wrong, even if my brother wasn’t in the situation he was in. There should be something to be able to help both parties, to be able to prove this as far as—Even if it was proven that he or she did commit such a crime. Executing someone isn’t going to bring anybody back. It’s been done. I know both parties are mad, upset, not only the parents that lost the loved one, but also the other party. Their kids are in the situation that they’re in. There has to be a better situation than executing, there has to be. I’m 100 percent against it.

  54. p. 319 “Her parents raised…children of her own.”

    Transcribed Videotape Interview with Richard Louis Vargas, Brother of Wanda Lopez, in Corpus Christi, Texas (Dec. 4, 2004) at 6:40:39–6:41:44:

    Q. And did Wanda have any children? A. One. A little girl. Q. What’s her name? A. [Name provided]. Q. And so that’s your niece. A. That’s my niece. . . . Q. So your parents were close to your niece. A. Actually, they brought her up.

  55. p. 319 “Wanda’s brother…lives in Corpus Christi.”

    Transcribed Videotape Interview with Richard Louis Vargas, Brother of Wanda Lopez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:35:27 (providing a Corpus Christi address to the interviewer).

  56. p. 319 “He keeps a scrapbook on his sister…”

    Bruce Whitman’s Notes on Interview with Richard Louis Vargas, Brother of Wanda Lopez (Nov. 21, 2004) at 3.

  57. p. 319 “…her grave from time to time.”

    Bruce Whitman’s Notes on Interview with Richard Louis Vargas, Brother of Wanda Lopez (Nov. 21, 2004) at 4.

  58. p. 319 “His anger…as his execution approached…”
    See supra Chapter 15, notes 202–205 and accompanying text.
  59. p. 319 “”My heart goes out to Mr. Hernandez’s other victims and also to the DeLuna family, whose loss I share.’”

    Signed Statement of Louis Richard Vargas, Brother of Wanda Jean Vargas Lopez (June 2006):

    On February 4, 1983, my sister Wanda Jean Vargas Lopez, was killed at a Diamond Shamrock in Corpus Christi, Texas. This senseless killing devastated our family and took the life of one of the most loving human beings we ever knew. At the time, I was assured by the authorities that a full investigation took place and proved that Carlos DeLuna was the killer. After carefully reviewing the information uncovered and printed by Steve Mills and Maurice Possley in the Chicago Tribune, I am convinced that Mr. DeLuna did not kill my sister and that Carlos Hernandez was the real murderer. Because of an incomplete investigation by the authorities, the wrong man was executed, and Mr. Hernandez was permitted to go free and brutally hurt other innocent victims. My heart goes out to Mr. Hernandez’s other victims and also to the DeLuna family whose loss I share. And I also want to say how grateful I am to the witnesses who have come forward to reveal the truth about who admitted killing my sister. My only hope is that my sister did not die in vain, and that as a result of this tragic injustice, the State of Texas will do whatever it takes to be sure no man is ever executed again for a crime he did not commit. My family has now suffered twice through the devastating ordeal of my sister’s death. I have cooperated fully with the Chicago Tribune to bring the truth to light. Please direct all inquiries to my lawyer . . . .

    Louis Richard Vargas /s/

  60. p. 319 “Upon his death…Corpus Christi community.”

    Tex. Senate Res. No. 386, In Memory of Edward S. Garza (Mar. 5, 2007).

  61. p. 319 “Carlos Hernandez’s brother-in-law…the same year.”
    Telephonic Interview with Gloria Sanchez (Jan. 24, 2012) (reporting that Freddy Schilling died in September 2007; information subsequently confirmed by investigative data-base search).
  62. p. 319 “He is survived by four children…”

    Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez,in Corpus Christi, Texas (Feb. 24, 2005) at 13:49:50.

  63. p. 319 “…three with Paula Hernandez…”

    Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 3 (“I first met Paula when she was 16/17 years old. We had three children. Eduardo, who lives in Corpus Christi—I don’t know where he lives. John Michael is in prison and Melissa (her name is now Julie Ann) gave her up for adoption.”).

  64. p. 319 “…who died in 1994 of cervical cancer…”
    See supra Chapter 6, notes 62–63 and accompanying text.
  65. p. 319 “…his stepdaughter Pricilla.”

    See Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 14:26:07–14:26:40.

  66. p. 319 “Pricilla still bears…house on Carrizo Street.”
    See supra Chapter 8, notes 25–34 and accompanying text.
  67. p. 319 “Neither Pricilla…to do with Fidela.”

    See, e.g., Bruce Whitman’s Notes on Interview with Johnny Arsuaga, Cousin of Carlos Hernandez and John Arsuaga (Nov. 3, 2004) at 2 (noting that many of Fidela’s relatives want nothing to do with her);

    Bruce Whitman’s Notes on Interview with Pricilla Jaramillo, Niece of Carlos Hernandez (Aug. 9, 2004) at 1 (noting that Pricilla described Fidela as “crazy,” and that living with her was “chaotic”);

    James S. Liebman’s Notes on Interview with Pricilla Jaramillo, Niece of Carlos Hernandez (Dec. 3, 2004) at 1, 3 (noting that Pricilla described Fidela as unreliable and volatile, and further offering that Fidela was an inconsiderate caretaker);

    Peso Chavez’s Notes on Interview with John Michael Schilling, Nephew of Carlos Hernandez (Aug. 12, 2004) at 1 (“I can’t even describe that woman [his grandmother Fidela Hernandez]. She’s very bad—no good—she didn’t like any of us.”);

    supra Chapter 6, notes 69, 158 and accompanying text.

  68. p. 319 “The matriarch perhaps consoles…to invest.”
    See supra Prologue, note 46 and accompanying text; supra Chapter 6, notes 65–68, 73, 83–84, 87–88 and accompanying text [including re: her brother Solis in Calif.]; supra Chapter 17, notes 111–113 and accompanying text.
  69. p. 319 “Both Kenneth Botary…in Corpus Christi.”
    For Ken Botary, see Law Offices of Kenneth G. Botary, Yellow Pages Goes Green, http://www.yellowpagesgoesgreen.org/Corpus+Christi-TX/Law+Offices+Of+Kenneth+G+Botary/2004596 (last visited Mar. 30, 2012). Archived at: http://perma.cc/DM4E-GG5N. For Steve Schiwetz, see Steve Schiwetz Law Offices, Yellow Pages, http://www.yellowpages.com/corpus-christi-tx/mip/steve-schiwetz-law-offices-15648527 (last visited Mar. 30, 2012). Archived at: http://perma.cc/P97K-BKDC.
  70. p. 319 “Around the time…then in New Orleans.”

    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:22:20:

    In 1983 I went to work for my first television job in Corpus Christi, Texas, at the CBS affiliate, KZTV. I worked there for a couple of years, then I moved to the NBC affiliate in Corpus Christi, Texas. So I was there [in Corpus Christi] for a total of six years, until 1989. Then I moved to Georgia to start up a television station in Georgia as the news director and main anchor there. And after a couple of years I moved to New Orleans to work at the FOX affiliate in New Orleans, where I worked on-air as an anchor and reporter for about nine and a half years. Then I got out of TV news and started my own public relations and advertising and video company, which I’ve been running for the past three years now. It’s still in New Orleans, primarily.

  71. p. 319 “She now runs…Carlos DeLuna case.”
    Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:22:20; see Boudrie Communications LLC, http://www.boudriecommunications.com/about.html (last visited Mar. 30, 2011) (profiling Boudrie Communications LLC in Kenner, Louisiana). Archived at http://perma.cc/LN5W-4AUR; Karen Boudrie Greig, Last Call from Death Row: Seeking the Truth During a Final Conversation, New Orleans Mag., Aug. 2012, http://www.myneworleans.com/New-Orleans-Magazine/August-2012/Last-Call-From-Death-Row/. Archived at http://perma.cc/3S5T-BTDW Watch Video (MP4)
  72. p. 320 “He looked into the eyes…did not commit.”

    Transcribed Videotape Interview with Carroll Pickett, Texas Death House Chaplain, in Huntsville, Texas (Feb. 26, 2005) at 22:10:44:

    In my opinion, having watched ninety-five die in the execution chamber . . . I watched hundreds that died . . . because we had the hospital. We had an intensive care. We had a Death Row in the hospital. The third floor, I had a hundred people that died over there from heart attacks, C.O.P.D., AIDS, cancer, you name it. And I went through this for sixteen years, listening to them on their last days and nights. I spent way too many hours, I suppose, listening to their last confession. But some of them I believed. And some of them I checked out . . . . I fully believe Carlos DeLuna was an innocent man, and I will always believe that.

  73. p. 320 “Prompted in part…tortuous execution.”
    See supra Chapter 16, notes 82–83, 251–265 and accompanying text.
  74. p. 320 “While working…issue of the death penalty.”

    Transcribed Videotape Interview with Carroll Pickett, Texas Death House Chaplain, in Huntsville, Texas (Feb. 26, 2005) at 22:49:58 (“Nobody ever knew where I stood. I couldn’t tell an inmate, ‘I’m in favor of it,’ because he wouldn’t talk to me. I couldn’t tell the press, ‘I’m against it,’ because the warden would fire me. So I just stayed neutral, stayed neutral.”).

  75. p. 320 “Since leaving…staunch anti-death-penalty activist.”

    Transcribed Videotape Interview with Carroll Pickett, Texas Death House Chaplain, in Huntsville, Texas (Feb. 26, 2005) at 22:53:45, 22:54:55:

    So I went [to a debate with Nueces County District Attorney, Carlos Valdez] to speak. There were four of us who spoke that day. And I had already completed my transformation into saying this [the death penalty] is wrong. It is wrong to kill people to show people that killing people is wrong. Partly because of the innocent being killed, partly because of people like Carlos, who was just a kid that I think was innocent, but he was young anyway, mentally retarded, socially retarded, educationally retarded.

  76. p. 320 “He has offered…Within These Walls: Memoirs of a Death House Chaplin.
    Rev. Carroll Pickett with Carlton Stowers, Within These Walls: Memoirs of a Death House Chaplain (2002).
  77. p. 320 “Pickett was also the subject…that of Carlos DeLuna.”
    At the Death House Door (Independent Film Channel 2008), http://kartemquin.com/films/at-the-death-house-door. Archived at: http://perma.cc/3D59-QCJW.
  78. p. 339 “Had things gone…death penalty in 1982.”
    Tex. Dep’t of Crim. Just., Executed Offenders, http://www.tdcj.state.tx.us/death_row/dr_executed_offenders.html (last visited Mar. 30, 2012). Archived at: http://perma.cc/9PXF-PG5Y.
  79. p. 321 “The case came to light…quite shaky, it turns out…”
    See supra Chapter 3, notes 23–35, 83–101, 111–28 and accompanying text.
  80. p. 321 “Worse, Aguirre was unable…in the opposite direction.”
    See supra Chapter 2, notes 149–52 and accompanying text; supra Chapter 11, notes 119, 212–214 and accompanying text; supra Chapter 13, notes 99–100 and accompanying text.
  81. p. 321 “Liebman and Jaffe’s search…between 1973 and 1995.”
    See Andrew Gelman et al., A Broken System: The Persistent Pattern of Reversals of Death Sentences in the United States, 1 J. Empirical Legal Stud. 209, 214 (2004); James S. Liebman et al., A Broken System, Part II: Why There Is So Much Error in Capital Cases, and What Can Be Done About It, 58 (2002), available at http://www2.law.columbia.edu/brokensystem2/report.pdf.
  82. p. 321 “Nearly all of that error…deserved to die for it.”
    See Andrew Gelman et al., A Broken System: The Persistent Pattern of Reversals of Death Sentences in the United States, 1 J. Empirical Legal Stud. 209, 218–23 (2004); James S. Liebman et al., A Broken System, Part II: Why There Is So Much Error in Capital Cases, and What Can Be Done About It, 40–43 (2002), available at http://www2.law.columbia.edu/brokensystem2/report.pdf. Archived at: http://perma.cc/Y2ZA-8B3Q.
  83. p. 322 “The Perales sisters…attack on Wanda Lopez.”
    See supra Chapter 11, notes 175–88 and accompanying text; supra Chapter 13, notes 192–99 and accompanying text.
  84. p. 322 “An example is the failure…Jesse Escochea answered it.”
    See supra Chapter 2, notes 109, 115–18 and accompanying text; supra Chapter 11, notes 228–43 and accompanying text.
  85. p. 322 “Another is the coincidence…Circle K at Kostoryz.”
    See supra Chapter 2, notes 206–48 and accompanying text.
  86. p. 322 “A third fortuity…Carlos DeLuna in 1983…”
    See supra Chapter 11, notes 23–44 and accompanying text.
  87. p. 322 “…killing of Dahlia Sauceda in 1980…”
    See supra Chapter 7, notes 8–19, 53, 95–134 and accompanying text.
  88. p. 322 “…subsequent arrest for the same murder.”
    See supra Chapter 7, notes 184–203 and accompanying text.
  89. p. 322 “Carlos Hernandez’s family…farther north and east.”
    See supra Chapter 5, notes 10–11 and accompanying text; supra Chapter 6, notes 1–3 and accompanying text; references supra note 46.
  90. p. 322 “Although Carlos DeLuna…in 1977 and 1978…”
    See supra Chapter 6, notes 199–207 and accompanying text; supra Chapter 8, notes 63–69 and accompanying text; supra Chapter 9, notes 91–92 and accompanying text; supra Chapter 12, notes 45–48 and accompanying text.
  91. p.322 “…Casino Club and the nomadic Aida Sosa…”
    See supra Chapter 5, notes 152–57 and accompanying text; supra Chapter 6, notes 1–6, 26 and accompanying text; supra Chapter 13, notes 194–95 and accompanying text; supra Chapter 15, notes 82–85 and accompanying text.
  92. p. 322 “That person was Linda Perales…abused niece Pricilla.”
    See supra Chapter 8, notes 75–81 and accompanying text.
  93. p. 323 “After that, the files…beyond reproach.”
    See infra notes 182–83 and accompanying text.
  94. p. 323 “Despite steps…coming to light at the trial…”
    See supra Chapter 2, notes 108–14 and accompanying text; supra Chapter 11, notes 198–211 and accompanying text; supra Chapter 13, notes 48–51, 150–53 and accompanying text.
  95. p. 323 “…dispatch tape as a personal memento.”
    See supra Chapter 11, note 201 and accompanying text; see also supra Chapter 2, notes 112–14 and accompanying text.
  96. p. 323 “That tape proved…subsequent manhunt.”
    See supra Chapter 2, notes 116–249 and accompanying text.
  97. p. 324 “When Illinois governor…’The Failure of the Death Penalty in Illinois.’”
    Ken Armstrong & Steve Mills, Death Penalty Support Erodes, Chi. Trib., Mar. 7, 2000, at 1, available at http://articles.chicagotribune.com/2000-03-07/news/0003070315_1_death-penalty-tribune-poll-illinois-voters. Archived at: http://perma.cc/X63U-HF6H. For the Chicago Tribune series, see Ken Armstrong & Steve Mills, Death Row Justice Derailed: Bias, Errors and Incompetence in Capital Cases Have Turned Illinois’ Harshest Punishment into Its Least Credible, Chi. Trib., Nov. 14, 1999, at 1, available at http://articles.chicagotribune.com/1999-11-14/news/9911150001_1_death-row-capital-cases-capital-punishment. Archived at: http://perma.cc/X8VW-63SG. Ken Armstrong & Steve Mills, Inept Defenses Cloud Verdicts: With Their Lives at Stake, Defendants in Illinois Capital Trials Need the Best Attorneys Available. But They Often Get Some of the Worst, Chi. Trib., Nov. 15, 1999, at 1, available at http://articles.chicagotribune.com/1999-11-15/news/9911150176_1_new-trial-or-sentencing-illinois-supreme-court-sentencing-hearing. Archived at: http://perma.cc/9VG4-REZU. Steve Mills & Ken Armstrong, The Inside Informant, Chi. Trib., Nov. 16, 1999, at 1, available at http://articles.chicagotribune.com/1999-11-16/news/9911180109_1_murder-confessions-court-and-police-records-hours-of-tape-recordings. Archived at: http://perma.cc/MYS9-NJ73. Steve Mills & Ken Armstrong, A Tortured Path to Death Row, Chi. Trib., Nov. 17, 1999, at 1, available at http://articles.chicagotribune.com/1999-11-17/news/chi-991117deathillinois4_1_confession-stanley-howard-jon-burge. Archived at: http://perma.cc/A3TP-TJ4D. Steve Mills & Ken Armstrong, Convicted by a Hair, Chi Trib., Nov. 18, 1999, at 1, available at http://articles.chicagotribune.com/1999-11-18/news/chi-991118deathillinois5_1_hair-evidence-death-penalty-cases-amy-schulz. Archived at: http://perma.cc/56W2-FAKK.
  98. p. 324 “When Ryan closed out…state’s capital system.”
    Governor George Ryan, Speech at Northwestern University College of Law (Jan. 11, 2003), available at http://www.nytimes.com/2003/01/11/national/11CND-RTEX.html. Archived at http://perma.cc/Z6MB-UQPA:

    After Mr. Porter’s case there was the report by Chicago Tribune reporters Steve Mills and Ken Armstrong documenting the systemic failures of our capital punishment system. Half of the nearly 300 capital cases in Illinois had been reversed for a new trial or resentencing. Nearly Half! 33 of the death row inmates were represented at trial by an attorney who had later been disbarred or at some point suspended from practicing law. Of the more than 160 death row inmates, 35 were African American defendants who had been convicted or condemned to die by all-white juries. More than two-thirds of the inmates on death row were African American. 46 inmates were convicted on the basis of testimony from jailhouse informants. I can recall looking at these cases and the information from the Mills/Armstrong series and asking my staff: How does that happen? How in God’s name does that happen? I’m not a lawyer, so somebody explain it to me. But no one could. Not to this day.

  99. p. 324 “Liebman approached Mills and Possley in November 2005.”
    Steve Mills & Maurice Possley, I Didn’t Do It. But I Know Who Did, Chi. Trib., June 25, 2006, at 1, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story (“The newspaper learned of De Luna from a Columbia University law professor who had begun to dig up evidence that pointed to Hernandez, who died in 1999. The possibility of De Luna’s innocence played no role in his final appeal, which focused on his lawyers’ failure to present any mitigating evidence at his sentencing.”). Archived at: http://perma.cc/L9MV-HBJ4. Steve Mills & Maurice Possley, About the Chicago Tribune Special Report: Did this Man [shown in accompanying photograph] Die . . . for this Man’s [also shown] Crime?, Chi. Trib., June 24, 2006, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story. Archived at:  http://perma.cc/L9MV-HBJ4:

    The Tribune learned of Carlos De Luna, who was executed in 1989 for a murder in Corpus Christi, after James Liebman, a professor at Columbia Law School in New York City, contacted the newspaper. Liebman has co-authored studies that found high rates of court reversals due to serious error in capital cases. In subsequent research with students on behalf of the NAACP Legal Defense and Educational Fund, he came across the De Luna case. Liebman asked a private investigator to go to Corpus Christi and look into De Luna’s claim during his trial that another man was the real killer. A woman told the investigator the other man had bragged about committing the murder. Believing De Luna’s execution was worth a deeper look, Liebman contacted the Tribune. “This was no longer a legal or academic enterprise,” he said.

  100. p. 324 “In June 2006…three-part series on the case.”
    Steve Mills & Maurice Possley, I Didn’t Do It. But I Know Who Did, Chi. Trib., June 25, 2006, at 1, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story. Archived at: http://perma.cc/H5MB-C2W5. Steve Mills & Maurice Possley, A Phantom, or the Killer? A Prosecutor Said Carlos Hernandez Didn’t Exist. But He Did, and his MO Fit the Crime, Chi. Trib., June 26, 2006, at 1, available at http://articles.chicagotribune.com/2006-06-26/news/0606260189_1_jurors-hernandez-home-gas-station. Archived at: http://perma.cc/A9D-AFF6. Steve Mills & Maurice Possley, The Secret that Wasn’t, Chi. Trib., June 27, 2006, at 1, available at http://www.chicagotribune.com/chi-tx-3-story,0,2893368.htmlstory. Archived at: http://perma.cc/DZQ9-BVDS
  101. p. 324 “Based on ‘interviews…killed Lopez in 1983.’”
    Steve Mills & Maurice Possley, I Didn’t Do It. But I Know Who Did, Chi. Trib., June 25, 2006, at 1, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story. Archived at: http://perma.cc/H5MB-C2W5.

  102. p. 325 “Relying on accounts…’murder Hernandez committed.’”
    Steve Mills & Maurice Possley, I Didn’t Do It. But I Know Who Did, Chi. Trib., June 25, 2006, at 1, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story. Archived at: http://perma.cc/H5MB-C2W5. See also supra Chapter 8, notes 46–112 and accompanying text; supra Chapter 9, notes 7–9, 56–58 and accompanying text; supra Chapter 17, notes 31–33, 42–46 and accompanying text.
  103. p. 325 “‘…Hernandez’s lengthy rap sheet…’”
    Steve Mills & Maurice Possley, A Phantom, or the Killer? A Prosecutor Said Carlos Hernandez Didn’t Exist. But He Did, and his MO Fit the Crime, Chi. Trib., June 26, 2006, at 1, available at http://www.google.com/url?q=http%3A%2F%2Farticles.chicagotribune.com%2F2006-06-26%2Fnews%2F0606260189_1_jurors-hernandez-home-gas-station&sa=D&sntz=1&usg=AFQjCNGJhPwEVjFYoKbq9yGkyBw_PDNf7w (“[A] Tribune investigation shows that the circumstances of Lopez’s murder eerily echo the details of Hernandez’s lengthy rap sheet—gas station robberies, knife attacks and several assaults on women.”). Archived at: http://perma.cc/ZQ4T-HEQL. See also supra Chapters 6–9, 17.
  104. p. 325 “‘…pursue Hernandez as a possible suspect…’”
    Steve Mills & Maurice Possley, I Didn’t Do It. But I Know Who Did, Chi. Trib., June 25, 2006, at 1, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story. Archived at: http://perma.cc/H5MB-C2W5. See also supra Chapters 2–4, 9, 10, 12.
  105. p. 325 “‘…no money was taken at all’ from the store…”
    Steve Mills & Maurice Possley, The Secret that Wasn’t, Chi. Trib., June 27, 2006, at 1, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory; see also supra Chapter 4, notes 102–104 and accompanying text. Archived at: http://perma.cc/WZT7-3WYM.
  106. p. 325 “‘…discovery of possible innocence after a prisoner’s execution.’”
    Steve Mills & Maurice Possley, I Didn’t Do It. But I Know Who Did, Chi. Trib., June 25, 2006, at 1, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story. Archived at: http://perma.cc/8RXT-AM68.
  107. p. 325 “For their work…Pulitzer Prize in National Reporting.”
    The Pulitzer Prizes, The 2007 Pulitzer Prize Winners: National Reporting, http://www.pulitzer.org/citation/2007-National-Reporting (last visited Mar. 30, 2012). Archived at: http://perma.cc/5NVM-A848.
  108. p. 325 “They were featured…telling of part of Carlos DeLuna’s story.”
    At the Death House Door (Independent Film Channel 2008), http://kartemquin.com/films/at-the-death-house-door. Archived at: http://perma.cc/AVT2-DNV7.
  109. p. 325 “In that sense…such as Nick Charles.”
    Dashiell Hammett, The Thin Man (Vintage 1989) (1934).
  110. p. 326 “We hope…his many other crimes.”
    See, e.g., supra Chapter 8, notes 45–112 and accompanying text; supra Chapter 17, notes 31–35, 40–50 and accompanying text.
  111. p. 326 “Given the tight security…returns to the street.”
    See Allen Ault, I Ordered Death in Georgia, Daily Beast (Sept. 25, 2011), http://www.thedailybeast.com/newsweek/2011/09/25/ordering-death-in-georgia-prisons.html (presenting views of a former chief of Georgia’s corrections department, who notes the irony that Death Row rehabilitates prisoners). Archived at: http://perma.cc/3RL4-NP5F.
  112. p. 327 “They include Ruben Cantu…”
    See Grant Jones & Sam Milsap, Legislature Should Seriously Reconsider the Death Penalty, Hous. Chron. (Dec. 13, 2012), available at http://www.chron.com/opinion/outlook/article/Legislature-should-seriously-reconsider-the-death-4116758.php (op-ed jointly authored by two former Texas district attorneys, including Sam Milsap, whose office presided over the Bexar County (San Antonio) conviction and execution of Ruben Cantu, about whom Mr. Milsap wrote that he “may well have been innocent”: “Long after Ruben Cantu was put to death in 1993, an investigation by this newspaper [the Houston Chronicle]) persuasively argued that he was wrongfully convicted and executed. Two decades after the trial, the only eyewitness recanted his testimony and explained that he felt pressured by the police to identify Cantu as the shooter. This witness had nothing to gain by changing his position.”). Archived at: http://perma.cc/7867-ENHJ. Lise Olsen, Did Texas Execute an Innocent Man?, Hous. Chron. (July 24, 2006), available at http://www.chron.com/disp/story.mpl/front/3472872.html (raising questions about a San Antonio, Texas capital conviction and execution that were premised on the identification of seventeen-year-old Ruben Cantu by a single eyewitness who has since recanted his claim that Cantu was the killer and presenting a sworn statement by Cantu’s codefendant, who was convicted but escaped execution for the crime, that Cantu was not involved). Archived at: http://perma.cc/EV3H-KTZB.
  113. p. 327 “…Larry Griffin…”
    See Terry Ganey, After Execution, Case Is Reopened, St. Louis Post-Dispatch (July 12, 2005), at A1 (describing NAACP report finding that the critical witness who identified executed inmate Larry Griffin as the killer had not even been at the crime scene and that a person injured by a stray bullet had seen the shooters and stated that Griffin was not one of them) , available at http://business.highbeam.com/435553/article-1G1-133964265/after-execution-case-reopened. Archived at: http://perma.cc/MVL6-683A. Kate Zernike, Executed Man May Be Cleared in New Inquiry, N.Y. Times (July 19, 2005), available at http://www.nytimes.com/2005/07/19/national/19death.html?pagewanted=1&th&adxnnl=1&emc=th&adxnnlx=1310932831-BuJo%20E5HvBsbbbcnhl68CA. Archived at: http://perma.cc/HBE6-TMX9. But cf. Robert Patrick & Heather Ratcliffe, Review Defends Execution, Prosecutor’s Finding, St. Louis Post-Dispatch, July 12, 2007, at A1, http://business.highbeam.com/435553/article-1G1-166337396/review-defends-execution-prosecutor-finding-new-witness (describing investigation by prosecutor’s office disputing the NAACP’s claims). Archived at: http://perma.cc/4P2T-H4W4.
  114. p. 327 “…Claude Jones…”
    See generally Dave Mann, DNA Tests Undermine Evidence in Texas Execution, Tex. Observer (Nov. 11, 2010), available at http://www.texasobserver.org/cover-story/texas-observer-exclusive-dna-tests-undermine-evidence-in-texas-execution (reporting results of recent posthumous DNA testing, which revealed that a hair found at a robbery-murder crime scene, which was identified at Claude Jones’s trial as “matching” his hair using since discredited “microscopic hair analysis,” did not belong to Jones; noting that, although the hair provided virtually the only evidence that Jones was the killer, then-Governor and President-elect George W. Bush declined to permit DNA testing prior to Jones’s Dec. 7, 2000 execution). Archived at: http://perma.cc/DH9V-436F.
  115. p. 327 “…David Spence…”
    See Raymond Bonner & Sara Rimer, A Closer Look at Five Cases That Resulted in Executions of Texas Inmates, N.Y. Times (May 14, 2000), available at http://partners.nytimes.com/library/politics/camp/051400wh-bush-cases.html?scp=1&sq=%22david%20spence%22&st=cse (reporting that two of six jailhouse informants who testified against Spence at his capital trial have recanted their stories since he was executed, and that experts studying bite marks used as crucial evidence against Spence found that the marks do not match Spence’s teeth). Archived at: http://perma.cc/6S7V-8BEP. Cindy V. Culp, Lake Waco Murders: Efforts Underway to Exonerate Man Convicted of Famed Slayings, Waco Tribune-Herald, May 5. 2011, at http://www.wacotrib.com/registration/subscription-landing/?rurl=http%3A%2F%2Fwww.wacotrib.com%2Fnews%2FLake-Waco-murders-Efforts-underway-to-exonerate-man-convicted-of-famed-slayings.html (discussing efforts to exonerate life-sentenced co-defendant of David Wayne Spence; Spence was executed for the crime in 1997); Bob Herbert, The Wrong Man, N.Y. Times (July 25, 1997). Archived at: http://perma.cc/9GE5-Y8J3Available at http://www.nytimes.com/1997/07/25/opinion/the-wrong-man.html (noting that the lead detective on David Spence’s case has come to believe that Spence was innocent). Archived at: http://perma.cc/E88C-2374.
  116. p. 327 “…Cameron Todd Willingham.”
    See David Grann, Trial by Fire, The New Yorker (Sept. 7, 2009), available at http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_grann (casting serious doubt on nearly all of the evidence used to conclude that a house fire that killed Cameron Todd Willingham’s daughters was intentionally set, rather than accidental, and exposing the scientifically unsound methods used to conclude that the fire was caused by arson); Steve Mills & Maurice Possley, Man Executed on Disproved Forensics, Chi. Trib. (Dec. 9, 2004). Archived at: http://perma.cc/3674-VRY6Available at http://www.chicagotribune.com/news/nationworld/chi-0412090169dec09,0,1173806.story (discussing absence of reliable evidence supporting Willingham’s conviction and execution). Archived at: http://perma.cc/U7MB-MTXN.
  117. p. 327 “Together with these other cases…to have troubled his.”
    See supra Chapter 7, notes 150–157 and accompanying text; supra Chapter 8, notes 60–64, 102 and accompanying text; supra Chapter 17, notes 31–33 and accompanying text.
  118. p. 327 “Corpus Christi prosecutors…to the ground and fleeing.”
    See supra Chapter 2, notes 4–8 and accompanying text; supra Chapter 13, notes 101–111 and accompanying text. Cf. Steve Mills & Maurice Possley, The Secret that Wasn’t, Violent Felon Bragged that He was Real Killer, Last of Three Parts, Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory (noting Schiwetz’s belief that DeLuna was guilty, even without the eyewitness identification). Archived at: http://perma.cc/K5QZ-JJUC.
  119. p. 327 “The identification occurred…lineup at the station house.”
    See supra Chapter 2, notes 1–48 and accompanying text; supra Chapter 3, notes 16–25 and accompanying text; supra Chapter 13, notes 101–111 and accompanying text; infra notes 122–124 and accompanying text.
  120. p. 327 “The witness was under stress…immediately sprinted away.”
    See supra Chapter 2, notes 30–38 and accompanying text; supra Chapter 3, notes 93–95 and accompanying text.
  121. p. 328 “Rather than allowing…on the handcuffed suspect.”
    See supra Chapter 3, notes 82–100 and accompanying text.
  122. p. 328 “Before the identification…they had their man.”
    See supra Chapter 3, notes 70–73, 123–26 and accompanying text.
  123. p. 328 “The identification took place across ethnic lines.”
    See supra Chapter 3, notes 96–100, 118–121 and accompanying text; see also supra Chapter 13, notes 117–118 and accompanying text.
  124. p. 328 “The best-known solution…double-blind techniques.”
    See, e.g., Alan M. Gershel, A Review of the Law in Jurisdictions Requiring Electronic Recording of Custodial Interrogations, 16 Rich. J.L. & Tech. 1 (2010) (advocating videotaping of interrogations); Katherine R. Kruse, Instituting Innocence Reform: Wisconsin’s New Governance Experiment, 2006 Wis. L. Rev. 645, 660 & n.71, 661–62 (discussing videotaping of interrogations and sequential, double-blind eyewitness lineups); John Schwartz, Changes to Police Lineup Procedures Cut Eyewitness Mistakes, Study Says, N.Y. Times (Sept. 18, 2011), http://www.nytimes.com/2011/09/19/us/changes-to-police-lineup-procedures-cuteyewitness-mistakes-study-says.html (describing evidence that sequential, double-blind lineups “catch fewer innocent suspects”). Archived at: http://perma.cc/4PXE-ZFL4. Suzanne Smalley, Police Update Evidence Gathering: Suspect Identification Is Focus of Changes, Boston Globe (July 20, 2004), http:// www.psychology.iastate.edu/~glwells/boston_globe_july_2004.pdf (listing jurisdictions requiring double-blind lineups). Archived at: http://perma.cc/T8HE-XDMW. Thomas P. Sullivan, Police Experiences with Recording Custodial Interrogations, 88 Judicature 132, 132-33 (2004).
  125. p. 328 “Which one…like the perpetrator?”
    See, e.g., Gary L. Wells, Eyewitness Identification: Systemic Reforms, 2006 Wis. L. Rev. 615, 618 (2006).
  126. p. 328 “In turn, double-blind…is the likely suspect.”
    See, e.g., Amy L. Bradfield, Gary L. Wells & Elizabeth A. Olson, The Damaging Effect of Confirming Feedback on the Relation Between Eyewitness Certainty and Identification Accuracy, 87 J. Applied Psychol. 112, 117–18 (2002).
  127. p. 329 “Examples of this latter sort…the killer entered the store.”
    See James S. Liebman et al., The Evidence of Things Not Seen, 98 Iowa L. Rev. 577, 585–86 (2013).
  128. p. 329 “Because police officers…obviously contradictory evidence.”
    Martin F. Davies, Belief Persistence After Evidential Discrediting: The Impact of Generated Versus Provided Explanations on the Likelihood of Discredited Outcomes, 33 J. Experimental Soc. Psychol. 561, 562 (1997); see also Craig A. Anderson, Abstract and Concrete Data in the Perseverance of Social Theories: When Weak Data Lead to Unshakeable Beliefs, 19 J. Experimental Soc. Psychol. 93, 95 (1983).
  129. p. 329 “The unconscious confusions…the error rate close to zero.”
    See, e.g., Brandon L. Garrett, Convicting the Innocent 50 (2011).
  130. p. 329 “Along with eyewitness…matches only the defendant.”
    See James S. Liebman et al., The Evidence of Things Not Seen, 98 Iowa L. Rev. 577, 601–02 (2013).
  131. p. 330 “‘In reaching conclusions…does not have the feature.”
    See James S. Liebman et al., The Evidence of Things Not Seen, 98 Iowa L. Rev. 577, 637–42 (2013).
  132. p. 330 “As noted earlier…corroborate the big evidence.”
    See James S. Liebman et al., The Evidence of Things Not Seen, 98 Iowa L. Rev. 577, 636 (2013).
  133. p. 330 “Examples of such clues…perpetrator’s clothing or person.”
    See James S. Liebman et al., The Evidence of Things Not Seen, 98 Iowa L. Rev. 577, 654–55 (2013).
  134. p. 330 “Ignoring these small indications…big evidence of guilt.”
    See James S. Liebman et al., The Evidence of Things Not Seen, 98 Iowa L. Rev. 577, 588–95, 657 (2013).
  135. p. 330 “A match…millions of people in the general population…”
    See James S. Liebman et al., The Evidence of Things Not Seen, 98 Iowa L. Rev. 577, 606 (2013).
  136. p. 331 “The same is true…very powerful.”
    See James S. Liebman et al., The Evidence of Things Not Seen, 98 Iowa L. Rev. 577, 601 (2013).
  137. p. 331 “Any single remembered…evidence of guilt.”
    See James S. Liebman et al., The Evidence of Things Not Seen, 98 Iowa L. Rev. 577, 603 (2013).
  138. p. 331 “It is fair to conclude…nonunique evidence.”
    See James S. Liebman et al., The Evidence of Things Not Seen, 98 Iowa L. Rev. 577, 587–88, 658–59 (2013).
  139. p. 331 “Because of the tendency…seemingly big evidence.”
    See James S. Liebman et al., The Evidence of Things Not Seen, 98 Iowa L. Rev. 577, 628–29 (2013).
  140. p. 332 “Only seven of the thirty…cigarette brand.”
    See James S. Liebman et al., The Evidence of Things Not Seen, 98 Iowa L. Rev. 577, 585–86 (2013).
  141. p. 332 “Two of thirteen…found in his possession.”
    See James S. Liebman et al., The Evidence of Things Not Seen, 98 Iowa L. Rev. 577, 655 (2013).
  142. p. 332 “We will never know…confessed to it.”
    See James S. Liebman et al., The Evidence of Things Not Seen, 98 Iowa L. Rev. 577, 585–86, 652 (2013).
  143. p. 332 “Our investigation twenty years…weapon of choice.”
    See James S. Liebman et al., The Evidence of Things Not Seen, 98 Iowa L. Rev. 577, 585–86, 652  (2013).
  144. p. 336 “No more surprising…nonmatches that emerged at trial.”
    See James S. Liebman et al., The Evidence of Things Not Seen, 98 Iowa L. Rev. 577, 673­–87 (2013).
  145. p. 332 “Thus far, however…executing the innocent.”
    See James S. Liebman et al., The Evidence of Things Not Seen, 98 Iowa L. Rev. 577, 685–88 (2013).
  146. p. 333 “Making matters worse…procedures needed to ensure its accuracy.”
    See James S. Liebman & Peter Clarke, Minority Practice, Majority’s Burden: The Death Penalty Today,9 Ohio St. J. Crim. L. 255, 277, 301 (2011).
  147. p. 333 “Two well-documented results…capital verdicts they impose.”
    See James S. Liebman & Peter Clarke, Minority Practice, Majority’s Burden: The Death Penalty Today,9 Ohio St. J. Crim. L. 255, 274–75 (2011).
  148. p. 333 “As a result…fixing faulty capital verdicts.”
    See James S. Liebman & Peter Clarke, Minority Practice, Majority’s Burden: The Death Penalty Today,9 Ohio St. J. Crim. L. 255, 316–20 (2011).
  149. p. 334 “Largely because of these…erroneous ones.”
    See James S. Liebman, The Overproduction of Death, 100 Colum. L. Rev. 2030, 2032 (2000).
  150. p. 334 “Sheriffs and district attorneys…fail to obtain capital verdicts.”
    See James S. Liebman, The Overproduction of Death, 100 Colum. L. Rev. 2030, 2032 (2000).
  151. p. 334 “These incentives aggravate…believe the suspect is guilty.”
    See James S. Liebman, The Overproduction of Death, 100 Colum. L. Rev. 2030, 2082–95 (2000).
  152. p. 334 “Thereafter, for the reasons…small nonmatches that turn up…”
    See supra notes 133–37 and accompanying text.
  153. p. 334 “”
    See James S. Liebman, The Overproduction of Death, 100 Colum. L. Rev. 2030, 2056 (2000).
  154. p. 334 “But the well-documented failure…largely negates this solution.”
    See James S. Liebman, The Overproduction of Death, 100 Colum. L. Rev. 2030, 2098-2100 (2000); James S. Liebman & Peter Clarke, Minority Practice, Majority’s Burden: The Death Penalty Today,9 Ohio St. J. Crim. L. 255, 297 (2011).
  155. p. 334 “It allows death-prone communities…at those latter stages.”
    See James S. Liebman, The Overproduction of Death, 100 Colum. L. Rev. 2030, 2129–32 (2000).
  156. p. 335 “Nor, finally, can we…high-quality defense lawyers.”
    See Andrew Gelman et al., A Broken System: The Persistent Pattern of Reversals of Death Sentences in the United States, 1 J. Empirical Legal Stud. 209, 230–31, 255 (2004).
  157. p. 335 “If their opponents can characterize…losing their seat.”
    See James S. Liebman, The Overproduction of Death, 100 Colum. L. Rev. 2030, 2098–2100 (2000).
  158. p. 335 “Outside judges who are paid…to handle future cases.”
    See supra Chapter 11, notes 131–137 and accompanying text.
  159. p. 335 “Death-prone communities exacerbate…courts in other communities.”
    See Andrew Gelman et al., A Broken System: The Persistent Pattern of Reversals of Death Sentences in the United States, 209 J. Empirical Legal Stud. 209, 246 (2004).
  160. p. 335 “After the police arrested…a reluctant Kevan baker…”
    See supra Chapter 4, notes 111–116 and accompanying text; see also supra Chapter 2, notes 268–272 and accompanying text; supra Chapter 3, notes 16–25,  and accompanying text.
  161. p. 335 “By 6:00 A.M. the following day…and implicated Hernandez.”
    See supra Chapter 4, notes 112–16 and accompanying text.
  162. p. 335 “Armed with the identification…and a wad of chewing gum.”
    See supra Chapter 10, notes 85–112 and accompanying text.
  163. p. 335 “Nor did she or the prosecutors…and a clump of hair.”
    See supra Chapter 10, notes 85–112 and accompanying text.
  164. p. 336 “Police and prosecutors also ignored…out of character for DeLuna.”
    See supra Chapter 2, notes 42–105 and accompanying text; supra Chapter 3, notes 111­­–114 and accompanying text; supra Chapter 11, notes 204–214 and accompanying text.
  165. p. 336 “Given Corpus Christi police…enough to Lopez’s rescue…”
    See supra Chapter 11, notes 226–53 and accompanying text.
  166. p. 336 “…identified DeLuna as the culprit…”
    See supra Chapter 3, notes 82–100 and accompanying text.
  167. p. 336 “No more surprising is…nonmatches that emerged at trial.”
    See James S. Liebman et al., The Evidence of Things Not Seen, 98 Iowa L. Rev. 577, 651–56 (2013).
  168. p. 336 “Liebman’s 2000 and 2002…county has shown itself to be.”
    Andrew Gelman et al., A Broken System: The Persistent Pattern of Reversals of Death Sentences in the United States, 209 J. Empirical Legal Stud. 209, 209 (2004) (“We collected data on the appeals process for all death sentences in U.S. states between 1973 and 1995. . . . Multilevel regression models fit to the data by state and year indicate that high reversal rates are strongly associated with higher death-sentencing rates . . . .”).
  169. p. 336 “The greater the proportion…sentence imposed there.”
    See supra note 117.
  170. p. 336 “One one measure of red-flag…1976 after a ten-year legal hiatus.’
    Death Penalty Information Center – Executions by County, http://www.deathpenaltyinfo.org/executions-county (last updated Sept. 12, 2011). Archived at: http://perma.cc/N3C2-JKJJ
  171. p. 336 “Given Nueces County’s relatively small…its propensity to execute.”
    See Death Penalty Information Center – Executions by County, http://www.deathpenaltyinfo.org/executions-county (last updated Sept. 12, 2011) (calculating per capita execution rates using execution numbers from the Death Penalty Information Center and county-by-county population data from the 2000 Census.). Archived at: http://perma.cc/N3C2-JKJJ.
  172. p. 336 “No wonder, then…executes someone.”
    See supra Prologue, notes 9–10 and accompanying text.
  173. p. 337 “Also true to form…the mad he had seen attacking Lopez.”
    See supra Chapter 12, notes 10–18 and accompanying text; supra Chapter 9, notes 59–71 and accompanying text.
  174. p. 337 “Worse, prosecutors told…armed robberies of gas stations.”
    See supra Chapter 13, notes 306–307 and accompanying text; supra Chapter 15, notes 121–123 and accompanying text.
  175. p. 337 “Hector De Pena…much less a death penalty trial.”
    See supra Chapter 11, notes 25–33, 41–44 and accompanying text.
  176. p. 337 “Although more experienced…date set for DeLuna’s trial.”
    See supra Chapter 11, notes 90–93, 115–120 and accompanying text.
  177. p. 337 “Neither launched an investigation…independent investigation of their own.”
    See supra Chapter 11, notes 275–281 and accompanying text; supra Chapter 12, notes 18–19 and accompanying text.
  178. p. 337 “Then at trial…weaknesses in the prosecution’s evidence.”
    See e.g., supra Chapter 11, notes 119, 212–214, 281 and accompanying text; supra Chapter 13, notes 99–100, 310–335 and accompanying text.
  179. p. 337 “DeLuna’s appellate lawyers…his conviction and death sentence.”
    See supra Chapter 15, notes 63–67, 92–238 and accompanying text.
  180. p. 338 “Wallace Moore, a retired judge…a real investigation.”
    See supra Chapter 11, notes 1123–44, 55–56,87–89, 110–129, 138–147 and accompanying text.
  181. p. 338 “The Texas Court of Criminal Appeals…abbreviated and uninformative briefs.”
    See e.g., Carol S. Steiker & Jordan M. Steiker, A Tale of Two Nations: Implementation of the Death Penalty in “Executing” Versus “Symbolic” States in the United States, 84 Tex. L. Rev. 1869, 1885–86 (2006) (discussing failure of the Texas appeal system to provide adequate counsel in death penalty cases); Ned Waplin, Why Is Texas #1 in Executions?, Death Penalty Info. Ctr. (Dec. 5, 2000), http://www.deathpenaltyinfo.org/node/583 (“[T]he amount the state is willing to pay lawyers for these [post-conviction] appeals is sufficiently low that most defendants still do not receive counsel for their appeals.”). Archived at: http://perma.cc/UE5B-7A6U. Supra Chapter 15, notes 63–64, 106, 119 and accompanying text.
  182. p. 338 “The Texas courts…merited several years.”
    See supra Chapter 15, notes 110–113 and accompanying text.
  183. p. 338 “And the federal habeas court…’Carlos Hernandez probably never existed.’”
    See supra Chapter 15, notes 166–175 and accompanying text.
  184. p. 338 “This is because once executions…the evidence.”
    See supra Chapter 11, notes 259–65 and accompanying text.
  185. p. 339 “Their refusal to allow DNA…were undoubtedly guilty.”
    See James S. Liebman et al., A Broken System, Part II: Why There Is So Much Error in Capital Cases, and What Can Be Done About It 58 (2002), available at http://www2.law.columbia.edu/brokensystem2/report.pdf. Archived at: http://perma.cc/Y2ZA-8B3Q. James S. Liebman, The New Death Penalty Debate: What’s DNA Got to Do With It?, 33 Colum. Hum. Rts. L. Rev. 527, 553 (2002); James S. Liebman, Overproduction of Death, 100 Colum. L. Rev. 2030, 2050 n. 84 (2000); James S. Liebman & David Mattern, Correcting Criminal Justice Through Collective Experience Rigorously Examined, ___ So. Cal. L. Rev. ___ (forthcoming 2014). Cf. Ethan Bronner, Lawyers, Saying DNA Cleared Inmate, Pursue Access to Data, N.Y. Times, Jan. 3, 2013, available at http://www.nytimes.com/2013/01/04/us/lawyers-saying-dna-cleared-inmate-pursue-access-to-data.html?pagewanted=1&_r=1&ref=todayspaper (discussing a man who confessed to the rape of an elderly woman, whose admission is in doubt after DNA testing conclusively established another felon was the rapist. Because the state controlled access to its database of felons’ DNA, it took eighteen months of litigation to get the state to test the DNA against its database. Lawyers for the man claim that his case is “proof that laws are needed to remove the databases from the exclusive grip of prosecutors and law enforcement to make them available to defense lawyers.”). Archived at: http://perma.cc/X3KV-2SZU.
  186. p. 339 “Had things gone only…death penalty in 1982.”
    Tex. Dep’t of Crim. Just., Executed Offenders, http://www.tdcj.state.tx.us/death_row/dr_executed_offenders.html (last visited Mar. 30, 2012). Archived at: http://perma.cc/8S7A-RDWG.
  187. p. 339 “Central to DeLuna’s obscurity…inch or two below the surface.”
    See generally supra Chapters 11–15.
  188. p. 339 “As lawyer Rene Rodriguez…she likely would be alive today.”
    See supra Chapter 11, notes 217–253 and accompanying text; see also supra Chapter 2, notes 116–132 and accompanying text.
  189. p. 339 “Neither did the Corpus Christi…earlier call had taken place.”
    See supra Chapter 11, notes 195–255 and accompanying text; see also supra Chapter 2, notes 106–132 and accompanying text; supra Chapter 13, notes 150–153 and accompanying text.
  190. p. 339 “Indeed, the police probably…were the guilty party.”
    See supra Chapter 1, notes 63–70 and accompanying text; supra Chapter 2, notes 116–132 and accompanying text; supra Chapter 13, notes 154 and accompanying text.
  191. p. 339 “It is accepted anti-death-penalty lore…of the local white community.”
    Cf. James S. Liebman, Overproduction of Death, 100 Colum. L. Rev. 2030, 2078 (2000):

    An outsider only recently arrived in the community—often a rural or small-town community—is charged with taking the life of a local citizen. Typically, the outsider is young, poor, urban, male, and African American or Latino; if he is white, he is probably a drifter and probably has a criminal record in another State. The victim, on the other hand is probably white, a respected member of the community, most usually a merchant or law enforcement officer. The accused and the victim do not know each other; the latter had no particular reason to expect that the crime would occur as and when it did; in all likelihood, the homicide occurred in the course of some other serious felony, usually a robbery. The evidence against the accused seems strong. Such an offense obviously will shock, frighten, and enrage the community. That of course is why the community reserves its most severe punishment for such offenses.

  192. p. 339 “Wanda Lopez’s worthy and unimpeachable life…”
    See supra Chapter 1, notes 19–24 and accompanying text; supra Chapter 4, notes 18–22, 26, 56, 90 and accompanying text; supra Chapter 13, notes 19–30, 35 and accompanying text.
  193. p. 340 “…was dishonored…her killer carried out that responsibility.”
    See supra Chapter 1, notes 13–26, 51–52, 63–70 and accompanying text; supra Chapter 2, notes 116–132 and accompanying text; supra Chapter 3, notes 70–101, 132 and accompanying text; supra Chapter 4, notes 111–116 and accompanying text; supra Chapter 9, notes 59–71, 90, 93–105 and accompanying text; supra Chapter 10, passim; supra Chapter 11, notes 216–255 and accompanying text; supra Chapter 12, notes 7–19 and accompanying text; supra Chapter 15, notes 1–10, 44–50, 69, 192 and accompanying text.
  194. p. 340 “Her obscurity in life…but no one found.”
    See supra Chapter 4, notes 59, 87–93, 110–116 and accompanying text; supra Chapter 10, passim.
  195. p. 340 “If thus is the case of…the cauldron of state killing.”
    For other examples, see infra notes 110–14 and accompanying text.
  196. p. 340 “As the Reverend Pickett pointed out…last words of the condemned.”
    Transcribed Videotape Interview with Carroll Pickett, Texas Death House Chaplain, in Huntsville Texas (Feb. 26, 2005) at 22:17:05:

    Even Carlos’s final words are not accurate in that book [prepared by the Texas Department of Corrections to record death row inmates' last meals, last statements and other such information]. In fact, they’re not accurate in any book, or in a magazine. I would tell the convicts and the inmates, “The only way they’re going to quote exactly what you say is if you say nothing.” And this is true of many people. What Carlos said—I’m five inches from his leg. I would hear what he said, I would—We practiced, ok? He and I practiced at 11:30 what he wanted to say. So I knew what he wanted to say. Some of them wanted me to help them do it, and I couldn’t do it. I was not allowed to. But I know that there was a person writing down, exactly, his words. And [Houston Chronicle reporter] Kathy [Fair] got them pretty close. But the ones in this book, and the ones that were on TV. And I’m not knocking reporters. The media just doesn’t —They’re down there in shock. Ted Koppel is considered one of the greatest people in the world in the media. And he watched an execution. He came to watch the execution of Mario Marquez, who was mentally retarded, who was very much, in my mind, like Carlos. Very much like him. And I was interviewed by Ted Koppel. And I told him, “If you witness this, you’re not going to hear or report exactly what he says.” He said, “What do you mean?” I said, “Because your emotions are going to be involved.” And he went on his TV program and quoted what he [Mario Marquez] said, and it was totally wrong.

    See supra Chapter 16, notes 151–156, 241 and accompanying text.

  197. p. 340 “‘Both of us…men who well may have been innocent.’”
    Grant Jones & Sam Milsap, Legislature Should Seriously Reconsider the Death Penalty, Hous. Chron. (Dec. 13, 2012), available at http://www.chron.com/opinion/outlook/article/Legislature-should-seriously-reconsider-the-death-4116758.php. Archived at: http://perma.cc/8CJ-7QMC.
  198. p. 341 “‘The two men bore…photographs of one man for the other.’”
    Grant Jones & Sam Milsap, Legislature Should Seriously Reconsider the Death Penalty, Hous. Chron. (Dec. 13, 2012), available at http://www.chron.com/opinion/outlook/article/Legislature-should-seriously-reconsider-the-death-4116758.php. Archived at: http://perma.cc/8CJ-7QMC.
  199. p. 341 “‘We submit that we cannot.’”
    Grant Jones & Sam Milsap, Legislature Should Seriously Reconsider the Death Penalty, Hous. Chron. (Dec. 13, 2012), available at http://www.chron.com/opinion/outlook/article/Legislature-should-seriously-reconsider-the-death-4116758.php. Archived at: http://perma.cc/8CJ-7QMC.
  200. p. 341 “‘If such an event…shouted from the rooftops.’”
    Kansas v. Marsh, 548 U.S. 163, 188 (2006) (Scalia, J., concurring).

Court Decisions

  1. Kansas v. Marsh, 548 U.S. 163 (2006);
  2. Swindler & Berlin v. Hamilton, 524 U.S. 399 (1998);

Other Primary Records

  1. Communications LLC, http://www.boudriecommunications.com/about.html (last visited Mar. 30, 2011). Archived at: http://perma.cc/LN5W-4AUR.
  2. Law Offices of Kenneth G. Botary, Yellow Pages Goes Green, http://www.yellowpagesgoesgreen.org/Corpus+Christi-TX/Law+Offices+Of+Kenneth+G+Botary/2004596 (last visited Mar. 30, 2012). Archived at: http://perma.cc/M2JT-9N2T.
  3. Mark Schauer, Corpus Christi Police Officer, Supplemental Report (Feb. 8, 1983);
  4. Steve Schiwetz Law Offices, Yellow Pages, http://www.yellowpages.com/corpus-christi-tx/mip/steve-schiwetz-law-offices-15648527 (last visited Mar. 30, 2012). Archived at: http://perma.cc/XP4H-LKXC.
  5. Tex. Dep’t of Crim. Just., Executed Offenders, http://www.tdcj.state.tx.us/death_row/dr_executed_offenders.html (last visited Mar. 30, 2012). Archived at: http://perma.cc/4M3V-RJL7.
  6. Texas Dep’t of Criminal Justice, Offender Information Last Statement for Carlos DeLuna (Dec. 7, 1989), available at http://www.tdcj.state.tx.us/death_row/dr_info/delunacarloslast.html. Archived at: http://perma.cc/RK2G-XVKT.
  7. Tex. Senate Res. No. 386, In Memory of Edward S. Garza (Mar. 5, 2007);
  8. Signed Statement of Louis Richard Vargas, Brother of Wanda Jean Vargas Lopez (June 2006);

Transcribed Videotape Interviews

  1. Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005);
  2. Transcribed Videotape Interview with Hector De Peña Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Tex. (Feb. 23, 2005);
  3. Transcribed Videotape Interview with Rosie Esquivel, Girlfriend of Carlos DeLuna While He Was on Death Row, in Garland, Texas (Feb. 27, 2005);
  4. Transcribed Videotape Interview with Vicky Gutierrez, Half-Sister of Carlos DeLuna*, in Garland, Texas (Feb. 27, 2005);
  5. Transcribed Videotape Interview with Carroll Pickett, Texas Death House Chaplain, in Huntsville, Texas (Feb. 26, 2005);
  6. Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Texas (Feb. 25, 2005);
  7. Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005);
  8. Transcribed Videotape Interview with Louis Richard Vargas, Brother of Wanda Lopez, in Corpus Christi, Texas (Dec. 4, 2004);

Notes from Other Interviews

  1. Peso Chavez’s Notes on Attempt to Interview Rosa Anzaldua (Feb. 18, 2005);
  2. Bruce Whitman’s Notes on Interview with Johnny Arsuaga, Cousin of Carlos Hernandez and John Arsuaga (Nov. 3, 2004);
  3. James S. Liebman’s Notes on Interview with Linda Carrico, Corpus Christi Newspaper Reporter (Sept. 2004);
  4. Bruce Whitman’s Notes on Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 11, 2004);
  5. Bruce Whitman’s Notes on Interview with Pricilla Jaramillo, Niece of Carlos Hernandez (Aug. 9, 2004);
  6. James S. Liebman’s Notes on Interview with Pricilla Jaramillo, Niece of Carlos Hernandez (Dec. 3, 2004);
  7. Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, (Aug. 5, 2004);
  8. Peso Chavez’s Notes on Interview with John Michael Schilling, Nephew of Carlos Hernandez (Aug. 12, 2004);
  9. Bruce Whitman’s Notes on Interview with Louis Richard Vargas, Brother of Wanda Lopez (Nov. 21, 2004);

News Reports

  1. Ken Armstrong & Steve Mills, Death Penalty Support Erodes, Chi. Trib., Mar. 7, 2000, available at http://articles.chicagotribune.com/2000-03-07/news/0003070315_1_death-penalty-tribune-poll-illinois-voters. Archived at: http://perma.cc/X63U-HF6H.
  2. Ken Armstrong & Steve Mills, Death Row Justice Derailed: Bias, Errors and Incompetence in Capital Cases Have Turned Illinois’ Harshest Punishment into Its Least Credible, Chi. Trib., Nov. 14, 1999, available at http://articles.chicagotribune.com/1999-11-14/news/9911150001_1_death-row-capital-cases-capital-punishment. Archived at: http://perma.cc/X8VW-63SG.
  3. Ken Armstrong & Steve Mills, Inept Defenses Cloud Verdicts: With Their Lives at Stake, Defendants in Illinois Capital Trials Need the Best Attorneys Available. But They Often Get Some of the Worst, Chi. Trib., Nov. 15, 1999, available at http://articles.chicagotribune.com/1999-11-15/news/9911150176_1_new-trial-or-sentencing-illinois-supreme-court-sentencing-hearing. Archived at: http://perma.cc/9VG4-REZU.
  4. Allen Ault, I Ordered Death in Georgia, Daily Beast (Sept. 25, 2011), http://www.thedailybeast.com/newsweek/2011/09/25/ordering-death-in-georgia-prisons.html. Archived at: http://perma.cc/L7TQ-6YLD.
  5. Raymond Bonner & Sara Rimer, A Closer Look at Five Cases That Resulted in Executions of Texas Inmates, N.Y. Times (May 14, 2000), available at http://partners.nytimes.com/library/politics/camp/051400wh-bush-cases.html?scp=1&sq=%22david%20spence%22&st=cse. Archived at: http://perma.cc/D874-MYFN.
  6. Ethan Bronner, Lawyers, Saying DNA Cleared Inmate, Pursue Access to Data, N.Y. Times, Jan. 3, 2013, http://www.nytimes.com/2013/01/04/us/lawyers-saying-dna-cleared-inmate-pursue-access-to-data.html?. Archived at: http://perma.cc/X3KV-2SZU.
  7. Transcript of Karen Boudrie-Evers’s TV Reports on DeLuna/Lopez Case (1984–85);
  8. Linda Carrico, DeLuna Is Scheduled to Be Executed Tomorrow, Corpus Christi Caller-Times, Oct. 14, 1986;
  9. Cindy V. Culp, Lake Waco Murders: Efforts Underway to Exonerate Man Convicted of Famed Slayings, Waco Tribune-Herald, May 5. 2011, at http://www.wacotrib.com/registration/subscription-landing/?rurl=http%3A%2F%2Fwww.wacotrib.com%2Fnews%2FLake-Waco-murders-Efforts-underway-to-exonerate-man-convicted-of-famed-slayings.html. Archived at: http://perma.cc/9GE5-Y8J3.
  10. Terry Ganey, After Execution, Case Is Reopened, St. Louis Post-Dispatch, July 12, 2005, available at http://business.highbeam.com/435553/article-1G1-133964265/after-execution-case-reopened. Archived at: http://perma.cc/MVL6-683A.
  11. Karen Boudrie Greig, Last Call from Death Row: Seeking the Truth During a Final Conversation, New Orleans Mag., Aug. 2012, http://www.myneworleans.com/New-Orleans-Magazine/August-2012/Last-Call-From-Death-Row/. Archived at: http://perma.cc/J3YL-J83T.
  12. David Grann, Trial by Fire, The New Yorker (Sept. 7, 2009), available at http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_grann. Archived at: http://perma.cc/3674-VRY6.
  13. Bob Herbert, The Wrong Man, N.Y. Times (July 25, 1997), available at http://www.nytimes.com/1997/07/25/opinion/the-wrong-man.html. Archived at: http://perma.cc/E88C-2374.
  14. Grant Jones & Sam Milsap, Legislature Should Seriously Reconsider the Death Penalty, Hous. Chron. (Dec. 13, 2012), available at http://www.chron.com/opinion/outlook/article/Legislature-should-seriously-reconsider-the-death-4116758.php. Archived at: http://perma.cc/7867-ENHJ.
  15. Dave Mann, DNA Tests Undermine Evidence in Texas Execution, Tex. Observer (Nov. 11, 2010), available at http://www.texasobserver.org/cover-story/texas-observer-exclusive-dna-tests-undermine-evidence-in-texas-execution. Archived at: http://perma.cc/VSC6-AL5D.
  16. Steve Mills & Ken Armstrong, The Inside Informant, Chi. Trib., Nov. 16, 1999, available at http://articles.chicagotribune.com/1999-11-16/news/9911180109_1_murder-confessions-court-and-police-records-hours-of-tape-recordings. Archived at: http://perma.cc/MYS9-NJ73.
  17. Steve Mills & Ken Armstrong, A Tortured Path to Death Row, Chi. Trib., Nov. 17, 1999, available at http://articles.chicagotribune.com/1999-11-17/news/chi-991117deathillinois4_1_confession-stanley-howard-jon-burge. Archived at: http://perma.cc/A3TP-TJ4D.
  18. Steve Mills & Ken Armstrong, Convicted by a Hair, Chi. Trib., Nov. 18, 1999, available at http://articles.chicagotribune.com/1999-11-18/news/chi-991118deathillinois5_1_hair-evidence-death-penalty-cases-amy-schulz. Archived at: http://perma.cc/56W2-FAKK.
  19. Steve Mills & Maurice Possley, About the Chicago Tribune Special Report: Did this Man die … for this Man’s Crime?, Chi. Trib., June 24, 2006, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story. Archived at: http://perma.cc/H5MB-C2W5.
  20. Steve Mills & Maurice Possley, I Didn’t Do It. But I Know Who Did, Chi. Trib., June 25, 2006, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story. Archived at: http://perma.cc/H5MB-C2W5.
  21. Steve Mills & Maurice Possley, Man Executed on Disproved Forensics, Chi. Trib. (Dec. 9, 2004), available at http://www.chicagotribune.com/news/nationworld/chi–0412090169dec09,0,1173806.story. Archived at: http://perma.cc/U7MB-MTXN.
  22. Steve Mills & Maurice Possley, A Phantom, or the Killer? A Prosecutor Said Carlos Hernandez Didn’t Exist. But He Did, and his MO Fit the Crime, Chi. Trib., June 26, 2006, available at articles.chicagotribune.com/2006-06-26/news/0606260189_1_jurors-hernandez-home-gas-station. Archived at: http://perma.cc/A9D-AFF6.
  23. Steve Mills & Maurice Possley, The Secret that Wasn’t, Chi. Trib., June 27, 2006, available at http://www.chicagotribune. com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory. Archived at: http://perma.cc/K5QZ-JJUC.
  24. Lise Olsen, Did Texas Execute an Innocent Man?, Hous. Chron. (July 24, 2006), available at http://www.chron.com/disp/story.mpl/front/3472872.html. Archived at: http://perma.cc/EV3H-KTZB.
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