HRLR
Los Tocayos Carlos
Chapter 10
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Text: A | A | A
All Chapter 10 Footnotes

George Aguirre had warned Lopez about a guy with a knife by the ice machine east of the store.22 Lopez couldn't see the guy, because the store's east wall was solid brick,23 and she couldn't see anyone unless they were at the pumps or the front door.24 So, when she called 911, how did she know that this particular man—who she said didn't have a weapon out yet25 and was asking to buy cigarettes26—was a bad guy with a knife?

Garza also didn't like the way the police had gotten Baker and Aguirre to identify DeLuna at the Sigmor at night—all by himself with his hands cuffed behind his back, spotlighted in flashlight beams.27 "You don't identify a person by just [asking] somebody, 'Hey, look at this person, is that the one you saw?'" Garza explained. That just invites the witness to say "'yeah, that's the guy,' because you've got him in custody [and] take it for granted." That's the wrong way to do an identification.28

The investigating officers should have held a line-up at the police station, mixing up the suspect with others and having them all stand behind a one-way mirror. That way the witnesses wouldn't have been afraid and wouldn't have been forced to make an anxious up-or-down decision on one particular suspect. Having Baker and Aguirre view a bunch of people to see if any one of them stood out as the perpetrator—the way the Arsuagas did with photographs before selecting DeLuna out of the bunch29—would have been a lot more reliable.30

But the out-of-town investigators wanted Eddie Garza to focus on Escobedo's scene investigation,31 and that's what he did.

* * * * *

The first thing you look for in a scene investigation, the former homicide detective explained, is whether the suspect has something on him that you know came from the crime scene—property he ran off with or blood from the victim.32

Examining the file and photos with that in mind, Garza focused immediately on the knife wound through the victim's left breast and the struggle between her and the stabber as she hemorrhaged blood.33

The autopsy showed that the wound was deep. The knife had pierced the victim's left lung and caused "a great deal of . . . very rapid bleeding." Multiple liters of blood had oozed from the wound. Some may have "spurted" from severed arteries between her ribs.34

Baker had seen the two "wrestling" as the attacker tried "to carry the clerk into the back room of the store" and she furiously resisted. Then the man "released the girl and walked out."35 One photo showed bruising around her right eye.36 Others showed several feet of scuff marks in blood where the man viciously yanked her towards the back room.37

The scene was about as bloody as it could be from a single wound. There were large pools of standing blood,38 and as drops rained down from the victim's chest wound and hit the floor, they rebounded upwards in a mist of droplets.39 Everything near the victim that rose above the floor—cabinets, doors, boxes—was coated with spatter several inches off the ground, and in some places a couple of feet.40

Garza reasoned that any person standing near the victim—not to mention wrestling with her—had to have the same coating of spatter on the sides and tops of his shoes and pant legs.41

In the struggle near the back room door, drops of blood flew onto an eighteen-inch cabinet top along the back wall of the clerk's area and over it onto the back wall, about four feet off the ground.42

From the thick pools of blood on the floor and the scuff marks and footprints in blood,43 Garza was also convinced that the perpetrator left the store with a coating of blood on the bottom of his shoes.44 Large portions of the bottom of the victim's sandals were darkly discolored with blood.45 A close-up of the right shoe showed blood soaked well into the rubber sole and staining the sandal's leather sides and straps.46

George Aguirre, Witness to Events Outside Shamrock Gas Station, Statement to Corpus Christi Police Dep't (Feb. 4, 1983) ("While paying the lady I told her about that man with the knife outside. She asked if he was with me, I said no.");

George Aguirre, Witness to Events Outside Shamrock Gas Station, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 16–17 ("So I finished putting the gas and I went to pay the attendant and I told the attendant that the guy out there had a knife in his pocket so she—I told her that the guy outside had a knife, and she asked me if he was with me, and I said no, he wasn't.");

George Aguirre, Witness to Events Outside Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 226 ("I told her that the guy outside had a knife in his pocket and it was open and she asked me if he was with me.");

see supra Chapter 2, notes 75–86, 174 and accompanying text.

Crime Scene Photograph 25500026, Corpus Christi Police Dep't (Feb. 4, 1983) (showing the solid brick wall on the east of the ice-machine, to the side of the Sigmor store).

See Crime Scene Photograph 25500003, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500004, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500020, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500021, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500024, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500028, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500033, Corpus Christi Police Dep't (Feb. 4, 1983) (all showing the signs and merchandise that blocked the clerk's view of the front sidewalk to the east of the front door).

Police Dispatch Tape, Corpus Christi Police Dep't at 00:01:05–00:01:09, 00:01:24–00:01:27 ("Male Voice: [?] Wanda Lopez: [?] eighty-five" [the cost of cigarettes at the time]; "Q. Does he have the knife pulled out? A. Not yet.").

Police Dispatch, Corpus Christi Police Dep't at 00:01:05–00:01:09 ("Male Voice: [?] Wanda Lopez: [?] eighty-five" [the cost of cigarettes at the time]);

see Crime Scene Photograph 25500009, Corpus Christi Police Dep't (Feb. 4, 1983) (showing the pack of Winston cigarettes at the end of the clerk's counter where sales occur).

See supra Chapter 3, notes 69–101 and accompanying text.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:50:43–01:53:38:

You don't identify a person by just having somebody [say], "Hey, look at this person, is that the one you saw?" And some people, some witnesses, at the time, have a tendency, "yeah, that's the guy," because you've got him in custody. And they take it for granted, "yeah, that's the guy, that's the right guy they got, yeah, I'm going to go ahead and tell them that's the right guy." But there's other things that have to go with it. You have to mix that identification along with other people . . . and do a live line-up. . . . But then when you look again and you look at whatever person you have in custody, you try to group that to what the witnesses told you they saw, and then try to match other people that go with that match and then put them all in a live line-up: that is the proper way to do it. Not just say, "yeah, that is the guy that you have."

See supra Chapter 3, notes 111–128 and accompanying text; see also Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 07:10:22–07:12:49:

Q. Part of the evidence in this case was as follows, and again, I'll ask your reaction to it. As you've pointed out, Carlos DeLuna was found underneath a truck nearby the station within half an hour, forty minutes of the incident itself. At the gas station, the police had found four people who claimed that they had seen individuals around that area. They put those four people together at a location, at the gas station, where they were conversing with each other for those twenty, thirty minutes when they were out looking. They then, instead of taking Mr. DeLuna to a police station, they—

A. [interrupts] You don't have to tell me. They drove him up in a police car and asked them if they could identify the guy sitting in the back seat between two cops, right?

Q. With his hands handcuffed behind his back.

A. Yeah. Standard practice by idiots. Yeah. I mean, it's not that uncommon here. I'm [also] troubled . . . by the [witnesses] sitting and comparing, or standing around [together] and comparing notes for half an hour.

See supra Chapter 3, notes 69–102, 111–128 and accompanying text.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:50:43–01:53:28:

To me it was an improper identification. The offender himself should have been put in a line-up or else—You don't identify a person by just having somebody [say], "Hey, look at this person, is that the one you saw?" And some people, some witnesses, at the time, have a tendency, "yeah, that's the guy," because you've got him in custody. And they take it for granted, "yeah, that's the guy, that's the right guy they got, yeah, I'm going to go ahead and tell them that's the right guy." But there's other things that have to go with it. You have to mix that identification along with other people . . . and do a live line-up. Bring the witnesses in, and let them pick that person out from a group of people that sort of match the same description of the individual that you have in custody. And you put them behind the glass and you have the witnesses come into that room and point out. Let them look at the people, let them turn sideways, forwards, backwards, and see what they saw. Sometimes people see a person from the back, they never get to see the front of that person, but yet, if you talk to them, oh yeah, they saw the whole guy, and they sort of describe facial hairs and things like that on them . . . . But then when you look again and you look at whatever person you have in custody, you try to group that to what the witnesses told you they saw, and then try to match other people that go with that match and then put them all in a live line-up: that is the proper way to do it. Not just say, "yeah, that is the guy that you have."

See Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:52:06–01:53:28 ("[Y]ou have to piece the identification together with the evidence, physical evidence, tying that particular person to that crime scene and to the crime itself. If you don't have both, then you've got to look at the identification that the person that identified it made, and you've got to look at it real hard and real good because it might not be the proper identification if you don't have the physical evidence to go along with that identification.");

supra Chapter 3, note 102 and accompanying text; see also 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 ("Now a lawyer in private practice, [Steven] Schiwetz [who prosecuted Carlos DeLuna] acknowledged that the case relied heavily on eyewitness testimony. 'Sometimes it's reliable. Sometimes it isn't reliable,' he said in an interview. 'And sometimes, in cases like this, you're not entirely sure how reliable it is.'").

See, e.g., Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:38:57–00:40:07, 00:42:13–00:42:50 ("Mr. Garza, let's go back, now, again, to the crime scene of the Wanda Lopez murder. And again, I refer you to the police reports that I provided and the photographs that have been provided to you, which include all of the photographs and police reports that have been made available to us in our research project."; "Now, talking—back to the crime scene at the Wanda Lopez killing. . . .").

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:45:51–00:47:15:

And when the person is arrested, if that person has anything on his person, whether it be blood stains on his shoes, his soles, whether he took anything from the scene, whether there would be blood that would match the victim's blood that was in there, whether this person had a fight with an individual that might have linked him more closely to the crime, whether he had—what type of clothing he was wearing at the time that he was arrested, that would link him back to the crime scene.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:49:19–00:50:56 ("[W]hen Carlos DeLuna was arrested . . ., I would have actually taken the shoes and any part of his garments that he had. There had to be one stain of blood somewhere, as much blood as was at that crime scene, there had to be one speck of blood that they could have connected.");

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:32:34–01:33:49:

But the people that arrested this guy and the investigator in charge of the case, that's the first thing they should have been looking for, for any type of evidence on this man's hands that would relate. If there was that much blood, definitely the offender would have had some type of blood stains in between his fingernails. That's—they didn't let him wash his hands or nothing, that's the first thing they should have checked: his fingernails for blood.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:08:29–00:08:36 ("I've read some of the reports and I've studied some of the photographs that were taken at the crime scene.");

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:38:57–00:40:07 ("Q. I refer you to the police reports that I provided and the photographs that have been provided to you, which include all of the photographs and police reports that have been made available to us in our research project. You've had an opportunity to read the police reports."); Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:48:34–00:49:19:

Q. Based on your review of the crime scene photos, would you, do you feel or have an expectation that there should have been a transfer of evidence from the crime scene to the person who committed this crime?

A. There should have been. There should have been something because there was enough evidence, whether it be a stain or a bloody footprint. There was enough blood on the floor and on the carpet that would have left an imprint of the shoe that the person was wearing that had actually committed the crime.

See Crime Scene Photograph 25500005, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500006, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500007, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500008, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 255000010, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500015, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500019, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500030, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500031, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500037, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500038, Corpus Christi Police Dep't (Feb. 4, 1983).

Corpus Christi Police Dep't, Ambulance Service Dispatch Report No. 00980 (Feb. 4, 1983) (describing the victim as a "25 y.o. woman, [unreadable], apparent stab wound to Left chest [unreadable word] found lying on sidewalk unconscious, lg amount of blood on sidewalk, breathing shallow, slow pulse. . . . Bleeding level: 4"; noting also IV and blood transfusion given);

Wanda Lopez Medical Records, Memorial Medical Center Chart (Feb. 4, 1983) (describing blood transfusions given to Wanda Lopez of "1 unit type specific blood . . . . 2 units type specific blood");

Kevan Baker, Witness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep't (Feb. 4, 1983) ("I approached the lady coming out the front door. She had blood all over her.");

Steven Fowler, Corpus Christi Police Sergeant, Supplementary Report (Feb. 4, 1983) ("As we arrived, I observed the clerk lying on her . . . side in front of the door. She was covered with blood, and there was also blood on the sidewalk and the door.");

Autopsy Findings for Wanda Lopez, Joseph Rupp, Nueces County Medical Examiner (Feb. 5, 1983) at 2:

The wound is oriented in the 8 to 2 o'clock direction, and is 1½" in length. The wound is just at the lower level of the breasts. The wound penetrates the 7th intercostal space into the left chest cavity, and passes almost completely through the lower lobe of the left lung. This wound goes from front to back, from left to right in a slightly downward direction. As a result of these two stab sounds, there is approximately 2 liters of blood in the left chest cavity.

Kevan Baker, Witness to Attack on Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 274 (describing appearance of Wanda Lopez immediately after the attack: "Q. Did you see blood on her. A. Yes, lots.");

Joseph C. Rupp, Medical Examiner, Trial, Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 21, 1983) at 209–12 (describing the knife wound that "penetrated into the left chest cavity . . . and penetrated the lung" causing it to collapse, and causing a "great deal of bleeding, very rapid bleeding"; "a great deal of blood had come out into the chest cavity . . . greater than two quarts of blood in the left chest cavity" or "about two liters of blood," and there also would have been external bleeding "of the dripping type," and because "there are some arteries between the ribs . . ., there could be some spurting");

Mark Wagner, Paramedic, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 177 (testifying that Wanda Lopez had an "apparent stab wound to the left chest");

see Crime Scene Photograph 25500035, Corpus Christi Police Dep't (Feb. 4, 1983) (showing medics working on Wanda Lopez at the crime scene and revealing extensive blood staining on her shirt);

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) (noting that she had obtained the beige pull over top, bra and white Sigmor smock "worn by the victim at the time of the incident," which were "heavily stained with blood");

see also Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:15:36–01:17:44:

Blood spatter[ ] just depends on how violent the act is. And you will have splatters in different directions. You can actually determine what part of the room that person was in or how much velocity a person was attacked with that would splatter blood through walls to different areas of furniture within the room. You can actually almost put the crime scene together as to areas of how violent the act was. . . . Blood splatters can also occur as blood is really rushing out from someone's body, but the majority of the splatters are from actual blows to the body that are also being administered. Somebody can get hit and splatters will go against the wall. And if you hit a big vein or something like that, naturally blood is going to gush out and go in different directions, as to where the person is running, moving, or being pushed.

Kevan Baker, Eyewitness to Attack on Wanda Lopez, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 26 ("Q. What did you do [while attempting to pump gas at the Sigmor Shamrock station] when you heard the bang on the window? A. I just went ahead and squeezed—I had the nozzle in my trunk or in my gas tank I just went ahead and squeezed it to see if the nozzle would work or if it would pump gas and it didn't, so then I looked up and saw two people wrestling inside the store.");

Bruno Mejia, Corpus Christi Police Officer, Supplementary Report (Feb. 4, 1983) at 1–2 ("Kevan Baker . . . 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 . . . . Mr. Baker, advised me that he then observed the subject attempt to carry the clerk into the back room of the store. . . . As he [Baker] neared the [back room] door, Mr. Baker advised that the subject released the girl and walked out of the store . . . .").

Baker testified that the man and woman had begun wrestling before he looked up and that they continued for perhaps forty-five seconds more. Kevan Baker, Eyewitness to Attack on Wanda Lopez, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 26, 38–39;

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:15:36–01:17:44:

[Y]ou will have splatters in different directions. You can actually determine what part of the room that person was in or how much velocity a person was attacked with that would splatter blood through walls to different areas of furniture within the room. You can actually almost put the crime scene together as to areas of how violent the act was. . . . Blood splatters can also occur as blood is really rushing out from someone's body, but the majority of the splatters are from actual blows to the body that are also being administered. Somebody can get hit and splatters will go against the wall. And if you hit a big vein or something like that, naturally blood is going to gush out and go in different directions, as to where the person is running, moving, or being pushed.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:20:14–01:20:31, 01:32:09–01:32:26:

To me, the way the [victim's] shoes were found there was one found in one area, one was upside, the other one was right-side up. Indicates that she was running for her life and actually ran out of her shoes just trying to get away from the perpetrator. . . . A person trying to defend herself, if that's the only weapon that she has, is her nails, should have revealed some kind of scrapings. And if it wasn't done, somebody dropped the ball and didn't do the proper examining on this body.

See also Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:08:19–00:08:36, 00:14:00–00:14:25:

Q. Did you have an opportunity to review the police reports and the crime scene photos in the last month or so?

A. Yes, I have. I've read some of the reports and I've studied some of the photographs that were taken at the crime scene. . . . I had received the reports that have been supplied by me and photographs that have been supplied by me. I have studied these reports, and I also add that I have recollection of the crime itself when it was committed, from information that was going around by the detective in charge of the case.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 00:44:14–00:45:16 ("I am speaking in general of many things after reviewing the pictures that you gave to me to review and the reports that I went through.").

Crime Scene Photograph 25500035, Corpus Christi Police Dep't (Feb. 4, 1983) (showing medics working on Wanda Lopez at the crime scene and revealing extensive bruising from her eyebrow to her cheekbone above and below her right eye).

Crime Scene Photograph 25500005, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500007, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 255000010, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500015, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500019, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500030, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500037, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500038, Corpus Christi Police Dep't (Feb. 4, 1983) (all showing scuff marks in blood on the floor);

see also Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:20:14–01:20:31 ("To me, the way the [victim's] shoes were found there was one found in one area, one was upside, the other one was right-side up. Indicates that she was running for her life and actually ran out of her shoes just trying to get away from the perpetrator.").

Crime Scene Photograph 25500005, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500007, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 255000010, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500015, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500019, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500030, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500037, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500038, Corpus Christi Police Dep't (Feb. 4, 1983) (all showing pools of blood on the floor);

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:03:15–01:04:42 ("Photograph number 11 shows another partial print where there was a pool of blood and someone stepped on it and squashed the blood over to the side.").

See Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:15:36–01:17:44:

Blood spatter[ ] just depends on how violent the act is. And you will have splatters in different directions. You can actually determine what part of the room that person was in or how much velocity a person was attacked with that would splatter blood through walls to different areas of furniture within the room. You can actually almost put the crime scene together as to areas of how violent the act was. . . . Blood splatters can also occur as blood is really rushing out from someone's body, but the majority of the splatters are from actual blows to the body that are also being administered. Somebody can get hit and splatters will go against the wall. And if you hit a big vein or something like that, naturally blood is going to gush out and go in different directions, as to where the person is running, moving, or being pushed.

Crime Scene Photograph 25500005, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500007, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500008, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 255000010, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500015, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500030, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500038, Corpus Christi Police Dep't (Feb. 4, 1983) (all showing blood spatter);

Crime Scene Photograph 25500019, Corpus Christi Police Dep't (Feb. 4, 1983) (showing blood spatter on sodas stacked three cases high that in one place reached up to the highest of the three layers of cases);

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983):

There was an area approximately 32 inches to the left of the door which had a large pool of thick blood and substance on the ground. From here I observed that there was blood smeared about 23 inches up from the ground on the metal molding, to the right of this area was more blood smears, which was approximately 24 inches from the ground on the metal molding, to the right of this area, still approaching the door, was another area which had blood smears on the glass, this was measured at approximately 43 inches from the ground level. The sidewalk measures approximately 34 inches in width, and there was blood smeared in different areas of the side walk in and around the ground immediately outside of the door. . . . I also observed that there was blood smeared on the door handle on the inside of the door, and on the lower left hand side of the door there was blood smeared on the door frame. I saw that there was a trail of blood, and foot prints in blood, leading from behind the counter, heading toward the door. . . . The trail led back behind the check out counter where the whole area was in total disarray and more blood was found in the area.

See Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 00:59:14:

Th[e] person [who made this shoeprint] was walking away from the cash register, and it would have to be the offender because, according to other photographs, the victim was wearing some type of shower clogs which had no heel, it was just a straight, flat bottom. This is [a] heel print from a shoe. I would be looking, if I were the investigator, I would be looking very, very closely to try to match that heel print right there to the shoes that the offender would have been wearing. And being stepping into blood, you know that his shoes, at time of arrest, had to have some type of blood on them if there was this much blood at the scene.

See supra note 39. Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:28:42:

Again, there [were] footprints and imprints in the blood at the crime scene. If the offender would have been at that crime scene, definitely there would have been a transfer of blood to the soles of the shoes, the sides of the shoes, or even the shoelaces would have had some type of blood splatters, as much blood as was at the crime scene. The offender would have had some type of transfer over to his shoes if he was wearing them inside the place. And, probably the length of the shoe itself should have been taken at the time and entered into documentation in the report of the officer investigating the case.

See also Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:58:58:

DeLuna . . . didn't have any blood on him. And, you know, what kind of police work is that? I mean, I've been around enough murder cases, been around enough blood to make anybody vomit. And you stab somebody in an artery or something and people start bleeding like a stuck pig. And it squirts. And it, it-it—You get blood on you. It's hard not to. And I find that somewhat suspect [that there was no blood on DeLuna].

Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 07:06:14:

And if there's blood and people get blood on their hands there's going to be fingerprints all over the place, so you're going to be looking for prints. You're going to be looking too . . . for footprints. I mean, just think of the characteristics of tennis shoes, the characteristics of any shoes! Oh, my god, if any of the stuff was being handled, it just, it begs, doesn't it, to have a lot of forensic people there, to have a lot of photographs, to have a lot of fingerprint work. If there isn't, clearly something is seriously, seriously lacking, because if there was a struggle, these people were rolling in it, and, you know, you'd be screaming bloody murder in terms of, that's exactly what happened, isn't it. It's a bloody murder. And you'd be looking for that, certainly on the man that was caught. You'd be looking for blood. If there wasn't, you'd start to wonder, wouldn't you? I mean, that to me, that's the one thing that troubles me about this case is that I don't believe that DeLuna had much blood on him, if any. Well, he didn't go take a bath! And they found him, what? Within half an hour? Well, doesn't that leave one to question what the heck is going on?

Crime Scene Photograph 25500001, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500017, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500018, Corpus Christi Police Dep't (Feb. 4, 1983) (all showing blood drops on the cabinet top and wall along the back (north) end of the clerk's area);

see Crime Scene Photograph 25500037, Corpus Christi Police Dep't (Feb. 4, 1983) (showing the proximity of the cabinet and wall in relation to the back room).

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983):

There was an area approximately 32 inches to the left of the door which had a large pool of thick blood and substance on the ground. From here I observed that there was blood smeared about 23 inches up from the ground on the metal molding, to the right of this area was more blood smears, which was approximately 24 inches from the ground on the metal molding, to the right of this area, still approaching the door, was another area which had blood smears on the glass, this was measured at approximately 43 inches from the ground level. The sidewalk measures approximately 34 inches in width, and there was blood smeared in different areas of the side walk in and around the ground immediately outside of the door. . . . I also observed that there was blood smeared on the door handle on the inside of the door, and on the lower left hand side of the door there was blood smeared on the door frame. I saw that there was a trail of blood, and foot prints in blood, leading from behind the counter, heading toward the door. . . . The trail led back behind the check out counter where the whole area was in total disarray and more blood was found in the area.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 00:59:14:

Th[e] person [who made this shoeprint] was walking away from the cash register, and it would have to be the offender because, according to other photographs, the victim was wearing some type of shower clogs which had no heel, it was just a straight, flat bottom. This is [a] heel print from a shoe. I would be looking, if I were the investigator, I would be looking very, very closely to try to match that heel print right there to the shoes that the offender would have been wearing. And being stepping into blood, you know that his shoes, at time of arrest, had to have some type of blood on them if there was this much blood at the scene.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:28:42:

Again, there was footprints and imprints in the blood at the crime scene. If the offender would have been at that crime scene, definitely there would have been a transfer of blood to the soles of the shoes, the sides of the shoes, or even the shoelaces would have had some type of blood splatters, as much blood as was at the crime scene. The offender would have had some type of transfer over to his shoes if he was wearing them inside the place. And, probably the length of the shoe itself should have been taken at the time and entered into documentation in the report of the officer investigating the case.

Crime Scene Photograph 25500008, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500011, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500030, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500031, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500037, Corpus Christi Police Dep't (Feb. 4, 1983) (all showing an extensive amount of blood on the bottom of Wanda Lopez's right sandal):

see Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) ("The soles of her [Wanda Lopez's] feet were observed to be bloodied");

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) at 297–98, 300 ("I observed that there was a female laying on the ground directly to the left of the door of the Sigmor service station. She was on the ground. I could tell that she was bleeding, she was wearing brown slacks and a white top. She was barefooted, there was blood on the soles of her feet. . . . I also saw that there was some blood smeared on the door."; "I also noted there was blood on the floor and footprints in the [floor] tiles.");

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) at 308–09 (describing "a pair of slaps [slap shoes]" found at the crime scene; "both had some blood substance . . . on the sole of the shoe");

see also Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:59:14 (discussing photos of victim's shoes).

Crime Scene Photograph 25500011, Corpus Christi Police Dep't (Feb. 4, 1983);

see also Crime Scene Photograph 25500008, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500038, Corpus Christi Police Dep't (Feb. 4, 1983) (all revealing, via magnification, heavy blood staining that soaked into the sole of Wanda Lopez's right shoe and on the side of the sole).

Chapter 10
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