HRLR
Los Tocayos Carlos
Chapter 10
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All Chapter 10 Footnotes

There was talk when they pulled DeLuna out from under the pick-up truck that he had blood on his shirt,65 a detail that was reported as fact in at least one news article on the case.66

When Eddie Garza reviewed the file, he discovered that wasn't true.

After police arrested DeLuna at Franklin and Nemec at the end of a forty-minute manhunt,67 they retrieved his canvas sneakers, white long-sleeve shirt, and black slacks,68 seized $149 in cash bills that was rolled up in his pants pocket,69 and examined and photographed his body, naked from the waist up.70

There was no blood on him, his clothes, or the money. Not a drop.71

Several days after the arrest, Escobedo sent the pants, shirt, shoes and paper money to the state crime lab for testing with a chemical called luminal that can find even the tiniest trace of blood.72 There was none.73 At the police station, an officer had even swabbed DeLuna's skin for traces of blood. The swabs went to the lab as well,74 and they too came back negative for blood.75

Those negative results were enough, by themselves, to convince Garza that DeLuna was not the killer. There was no way, the longtime detective flatly said, that someone could've left the blood shower the culprit caused with no blood on his shoes, clothes, hands, face, or any contraband from the scene. If DeLuna had been at the crime scene, Garza believed, there "definitely . . . would have been a transfer of blood" to each of those things, and especially the "soles," "sides" and "laces" of DeLuna's shoes.76

The shoe sides and laces were important. Although the weather was "clear" at the time of the crime,77 it had rained an eighth of an inch in the morning,78 and scene photos revealed some moisture on the ground.79 In Garza's opinion, however, what little standing water that was left wouldn't have been enough to dissolve bloodstains in porous cloth on shoes, as well as pant cuffs, pants themselves, and a shirt. To remove bloodstains from fabric requires scrubbing and bleach–not something a fleeing suspect had access to.80 Yet, the state lab techs couldn't find even a microscopic speck of blood on the sides or laces of DeLuna's shoes or on the rest of his clothing.81

Garza was also adamant about the shirt. "If a person with a white shirt would have been at this crime scene [there] would have been a transfer of blood somewhere or another to that white shirt."82

The same, he thought, was true of the cash in DeLuna's pocket: "if any money came from that crime scene, there should have been some speck of blood on [it]."83

"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 . . . could have connected DeLuna to the crime scene. And that was not there."84

image

Figure 24: Detail of photographs outside the Sigmor store documenting moisture conditions on the pavement and grassy areas between 8:16 p.m. and 8:40 p.m. while medics worked on Wanda Lopez (visible in photo at left). DeLuna was arrested at 8:49 p.m.

* * * * *

There were other mismatches between what police found on DeLuna when they arrested him and what had to be true of any man fleeing that particular crime scene.

Kevan Baker had described the assailant yanking the victim by her thick shoulder-length hair before throwing her to the ground and fleeing.85 Although Escobedo and Infante didn't notice it, one of their photographs shows a horrifying clump of longish frizzy hair in the passageway out of the clerk's area—where the attacker must have flung it as he fled.86 In cases involving close contact between victim and assailant, routine police practice includes a scan of the suspect's fingernails, garments, and body for foreign hair.87 No hair was found after police scanned and swabbed DeLuna body and lab techs analyzed his clothes.88

Another mystery involved the cash found in DeLuna's pocket when he was arrested. In store manager Stange's estimate, no more than twenty or at most forty dollars were missing.89 Officer Schauer reported that, after arresting DeLuna, he searched the suspect's pockets for a weapon. He found none, but did find $149 in "a wad of paper currency rolled up in [DeLuna's] right pants pocket."90 After arriving at the police station, Schauer put the "rolled up" bills on a table and noticed that "the twenties were observable on the bottom of the roll." He left the bills "rolled up into a . . . bunch" until he "started unflapping it to count it" but was interrupted and "rolled it back up" so he could count it later.91

In the middle of a bloody and chaotic stabbing, struggle, and escape, with blood-stained bills flying everywhere, how would the stabber have had time to "roll up" twenty-five bills, organizing them by denomination and not getting any blood on them before placing the bundle in his pocket?92

* * * * *

See Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 15:49:16–15:50:18 ("Q. How did you hear that the individual that they had in the car, the suspect, had been found nearby? How did you hear that? A. That was going around the parking lot. The people that were milling around the parking lot. And that was other police officers, some of the other investigators. . . . We do know the suspect was found under a car. We don't know if a chase was involved. I believe they had his bloody shirt.");

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 15:51:30–15:53:00 ("I believe they [police officers] stated they had a suspect and he was under a car, but I don't recall at the time whether it was stated that he was under a car or found under a car. But if nothing else, we did hear that later. Before the police officers all left, and before the suspect left, we had learned that he had been located under a car. They did find a bloody shirt, I couldn't tell you if that was at the scene or not.").

Condemned Man Appeals Case to Supreme Court, Hous. Chron., Dec. 6, 1989, at 28 ("DeLuna was found hiding beneath a parked vehicle about a quarter of a mile from the store, barefoot and without a shirt. His bloody shirt and shoes were found in a yard the next day.").

See supra Chapter 2, notes 249–258 and accompanying text.

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 10, 1983) at 1 (identifying the following as stored in the "Property room" after the case: ". . . five dollar bill . . . stainless steel lockblade knife . . . pair of men's black slack's [sic] . . . pair of men's white tennis shoes and a man's long sleeve white shirt");

Letter from James F. Waller, Jr., Supervisor, Chemistry Laboratory, to Sergeant Olivia Escobedo at 4 (Feb. 17, 1983) ("On February 9, 1983, you personally submitted the following: . . . 2. A pair of men's black pants 3. One pair of white tennis shoes 4. One long sleeve men's shirt. It was requested that examinations be made to determine the presence of blood on the submitted items, and if, present, the origin and type. . . . No blood was found on the pants, shirt, or shoes.");

Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 135–36:

Q. Did you mark the pants that the suspect [DeLuna] had on?

A. If I remember correctly, I tried to mark them with a pencil or something on the inside.

Q. But they were removed from him; is that correct, and also booked into property?

A. Yes, sir.

Q. And you did that yourself?

A. Yes, sir. (State's Exhibits 15 and 16 were marked for identification.)

Q. Let me ask you to look at State's Exhibit Number 15 and the contents therein, State's Exhibit Number 16. Just look at them yourself.

A. Well, I marked this paper.

Q. Do you recognize those two exhibits?

A. Yes, sir. Those are the pants I took from him.

See supra Chapter 2, note 252, 263–267 ; supra Chapter 3, note 60 and accompanying text (discussing the discovery near the arrest scene of DeLuna's white shirt and canvas tennis shoes).

Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Undated) at 1 ("I searched the suspect for weapons and found a wad of paper currency rolled up in his right hand pants pocket. I later determined that there were (3) twenty dollar bills, (7) ten dollar bills, (1) five dollar bill, and (14) one dollar bills.").

See Marcia Packer, Corpus Christi Police Department, Field Investigation Report (Feb. 5, 1983) at 1 ("At approximately 10:30 p.m. 2–4–83 Officer Schauer requested I take swab samples from suspect Carlos DeLuna who had been picked up earlier on an aggravated robbery charge. I took three samples from the suspect's face, throat and chest. I also took five pictures of the suspect upon the request of Sgt. G. Garrett. Swab[;] samples were turned over to C. Parker.");

Letter from James F. Waller, Jr., Supervisor, Chemistry Laboratory, to Charles J. Parker, Identification Analyst (Feb. 16, 1983) at 1 ("On February 16, 1983 you personally submitted some Q-tip swabs stained with suspected blood. It was requested that examinations be made to determine if the stain was blood. We have completed our examinations and wish to report that the stain was not blood.").

Letter from James F. Waller, Jr., Supervisor, Chemistry Laboratory, to Sergeant Olivia Escobedo at 1 (Feb. 17, 1983) ("On February 9, 1983, you personally submitted the following: . . . 2. A pair of men's black pants 3. One pair of white tennis shoes 4. One long sleeve men's shirt. It was requested that examinations be made to determine the presence of blood on the submitted items, and if, present, the origin and type. . . . No blood was found on the pants, shirt, or shoes.");

Statement of Steven Schiwetz, Prosecutor at Trial of Carlos DeLuna, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 331 ("The State has announced that its intention is to call Mr. Don Thain . . . of the [DPS], whose testimony will be to the effect that there was no blood found on any of these items [referring to DeLuna's shoes, pants and shirt.");

Donald Thain, Texas Dep't of Public Safety Blood Analyst, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 366–70 (testifying to results of state laboratory's forensic analyses of the shoes, shirt, and pants forwarded to the lab by Detective Escobedo):

Q. Did you inspect this shirt to see if it had blood on it?

A. Yes.

Q. Were you able to determine if there was any?

A. I could find no blood on it. . . .

Q. Did you inspect these pants to see if you could find any blood on them?

A. Yeah. I could find no blood on them. . . .

Q. And did you inspect these shoes to see if they had any blood on them?

A. Yes.

Q. And did they?

A. No. [He goes on to describe failure to find blood on cash bills seized from Carlos DeLuna.]

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. . . . Yet, when Carlos DeLuna was arrested—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, Carlos DeLuna, 'yes, you were at the crime scene, this blood matches Wanda Lopez.' And that was not there.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:59:14–01:00:00 ("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. 6, 2004) at 01:16:48–01:17:44:

Q. In your experience as a homicide detective, when you see blood-spatter evidence and an indication that the crime was a knifing type of crime or death, do you expect to see blood splatters transferred to the perpetrator?

A. 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. 6, 2004) at 01:28:29–01:28:42 (noting that DeLuna's white tennis shoes were found near where he was arrested and were tested and found negative for blood evidence);

Steve Mills and Maurice Possley, 'I Didn't Do It But I Know Who Did,' New Evidence Suggests a 1989 Execution in Texas Was a Case of Mistaken Identity, First of Three Parts, Chi. Trib., June 25, 2006 ("The clothes and shoes—as well as swabs from his [DeLuna's] face—were sent to the state crime lab for testing. No blood was found."; "none of the bills tested positive for blood.");

see Letter from James F. Waller, Jr., Supervisor, Chemistry Laboratory, to Sergeant Olivia Escobedo at 1 (Feb. 17, 1983) ("On February 9, 1983, you personally submitted the following: . . . 2. A pair of men's black pants 3. One pair of white tennis shoes 4. One long sleeve men's shirt. It was requested that examinations be made to determine the presence of blood on the submitted items, and if, present, the origin and type. . . . No blood was found on the pants, shirt, or shoes.");

Ruben Rivera, Nueces County Deputy Constable, Trial Test., Texas v. DeLuna, No. 83-CR.194-A (Nueces Cty., 28th Dist. Tex. July 17, 1983) at 107 (noting that arresting officers found "no blood" on DeLuna at the time of his arrest);

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

I remember coming into the gas station. Ms. Lopez was already being treated by the emergency response people. She couldn't talk to anyone. She had been stabbed . . . . I remember that there was blood everywhere inside the gas station. You could tell from all the blood that DeLuna had grabbed Ms. Lopez and dragged her over from behind the counter to where the coolers were . . . . Then I heard on the radio when DeLuna was pulled out from under the truck. I think that the police brought DeLuna back to the gas station right away so the witnesses could look at him. DeLuna was sober when they found him. He did not have any blood on him.

Letter from James F. Waller, Jr., Supervisor, Chemistry Laboratory, to Sergeant Olivia Escobedo (Feb. 17, 1983) at 1 ("On February 9, 1983, you personally submitted the following: . . . . 2. A pair of men's black pants 3. One pair of white tennis shoes 4. One long sleeve men's shirt. It was requested that examinations be made to determine the presence of blood on the submitted items, and if, present, the origin and type.");

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 297–300, 310–11 (describing transmittal of shirt, shoes, pants and money seized from Carlos DeLuna to the Texas Dep't of Public Safety forensic laboratory to be tested for blood);

see also Zandieh Saeid et al., Using Luminal Solution for Identification Washing Blood and DNA Typing, 14 Sci. J. Forensic Med. 143 (2008) (describing the ability of luminal, the chemical criminalistics labs use to identify the presence of blood, to identify very small amounts of blood).

Letter from James F. Waller, Jr., Supervisor, Chemistry Laboratory, to Sergeant Olivia Escobedo at 1 (Feb. 17, 1983) ("On February 9, 1983, you personally submitted the following: . . . 2. A pair of men's black pants 3. One pair of white tennis shoes 4. One long sleeve men's shirt. It was requested that examinations be made to determine the presence of blood on the submitted items, and if, present, the origin and type. . . . No blood was found on the pants, shirt, or shoes.");

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:49:19–00:50:56 ("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, Carlos DeLuna, 'yes, you were at the crime scene, this blood matches Wanda Lopez.' And that was not there.");

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:28:42–01:29:58:

[T]here w[ere] 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. . . . Again, if a person with a white shirt would have been at this crime scene it would have been a transfer of blood somewhere or another to that white shirt.

See Steve Mills and Maurice Possley, The Secret That Wasn't: Violent Felon Bragged That He Was Real Killer, Last of Three Parts, Chi. Trib., June 27, 2006 ("[Garza] noted that none of the blood spattered on the floor of the station was collected for testing, so there was no way to determine whether the attacker's blood was present. The only items sent for blood testing were the knife [sic, the knife was not tested for blood], De Luna's clothing and a $5 bill."); Statement of Prosecutor Steven Schiwetz, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 331 ("The State has announced that its intention is to call Mr. Don Thain . . . of the [DPS], whose testimony will be to the effect that there was no blood found on any of these items [referring to DeLuna's shoes, pants and shirt.");

Donald Thain, Texas Dep't of Public Safety Blood Analyst, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 366–70 (testifying to results of state laboratory's forensic analyses of the shoes, shirt, and pants forwarded to the lab by Detective Escobedo):

Q. Did you inspect this shirt to see if it had blood on it?

A. Yes.

Q. Were you able to determine if there was any?

A. I could find no blood on it. . . .

Q. Did you inspect these pants to see if you could find any blood on them?

A. Yeah. I could find no blood on them. . . .

Q. And did you inspect these shoes to see if they had any blood on them?

A. Yes.

Q. And did they?

A. No. [He goes on to describe his failure to find blood on cash bills seized from Carlos DeLuna.]

See Marcia Packer, Corpus Christi Police Department, Field Investigation Report (Feb. 5, 1983) at 1 ("At approximately 10:30 p.m. 2–4–83 Officer Schauer requested I take swab samples from suspect Carlos DeLuna who had been picked up earlier on an aggravated robbery charge. I took three samples from the suspect's face, throat and chest. I also took five pictures of the suspect upon the request of Sgt. G. Garrett. Swab samples were turned over to C. Parker.");

Letter from James F. Waller, Jr., Supervisor, Chemistry Laboratory, to Charles J. Parker, Identification Analyst (Feb. 16, 1983) at 1 ("On February 16, 1983 you personally submitted some Q-tip swabs stained with suspected blood.").

Letter from James F. Waller, Jr., Supervisor, Chemistry Laboratory, to Charles J. Parker, Identification Analyst (Feb. 16, 1983) at 1 ("On February 16, 1983 you personally submitted some Q-tip swabs stained with suspected blood. It was requested that examinations be made to determine if the stain was blood. We have completed our examinations and wish to report that the stain was not blood.");

Ruben Rivera, Nueces County Deputy Constable, Trial Test., Texas v. DeLuna, No. 83-CR.194-A (Nueces Cty., 28th Dist. Tex. July 17, 1983) at 107 (noting that arresting officers found "no blood" on DeLuna at the time of his arrest);

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

I remember coming into the gas station. Ms. Lopez was already being treated by the emergency response people. She couldn't talk to anyone. She had been stabbed . . . . I remember that there was blood everywhere inside the gas station. You could tell from all the blood that DeLuna had grabbed Ms. Lopez and dragged her over from behind the counter to where the coolers were . . . . Then I heard on the radio when DeLuna was pulled out from under the truck. I think that the police brought DeLuna back to the gas station right away so the witnesses could look at him. DeLuna was sober when they found him. He did not have any blood on him.

Steve Mills and Maurice Possley, 'I Didn't Do It But I Know Who Did,' New Evidence Suggests a 1989 Execution in Texas Was a Case of Mistaken Identity, First of Three Parts, Chi. Trib. (June 25, 2006) available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story ("The clothes and shoes—as well as swabs from his face—were sent to the state crime lab for testing. No blood was found."). After coming face to face with the assailant as he later exited the Sigmor store, Eyewitness Kevan Baker noted that the man was wearing a grey long-sleeve t-shirt or sweatshirt and a flannel jacket with red in it. See infra note 110; supra Chapter 2, note 46–48 and accompanying text. When the arresting officers discovered DeLuna underneath the pick-up truck, he was shirtless. See supra Chapter 2, notes 250–253 and accompanying text; supra Chapter 3, note 58 and accompanying text. His white dress shirt was discovered in an adjacent yard. See supra Chapter 2, note 262–267 and accompanying text; supra Chapter 3, note 60 and accompanying text. To get DeLuna out from under the truck, the officers grabbed his arms and dragged him on his stomach along the asphalt of the roadway and over a cement curb. Ruben Rivera, Nueces County Deputy Constable, Supplementary Report at 2 (Feb. 7, 1983) ("Officer Schauer and myself pulled subject out from underneath the truck and was hand-cuffed for everyone's safety.");

Ruben Rivera, Nueces County Deputy Constable, Supplementary Report (Feb. 8, 1983) at 3 ("I proceeded to pull subject from underneath said Vehicle.");

Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Undated) at 1:

I was walking north on Franklin from Nemec when two constable deputies from ([Sheriff] Johnnie Alaniz's office) knelt beside an old pickup truck parked on the west side of Franklin about 40 feet north of Nemec. Constable Rivera yelled something and I ran to him. I observed . . . Carlos De Luna . . . lying on his stomach under the truck on wet asphalt. His head was towards McArdle [north] and his feet were pointed towards Nemec [south]. The constable and I pulled the suspect from under the truck and immediately handcuffed him.

Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Feb. 8, 1983):

I contacted the suspect . . . as he was lying on his stomach under a pickup truck in the 4900 block of Franklin. . . . Deputy Constable R. Rivera was kneeling on the pavement of the pickup truck's west side and was ordering the suspect to get out from under the truck. Deputy Constable C. Vargas was on the truck's east side and doing like wise. I knelt next to Constable Rivera and we pulled the suspect by the arms from under the truck and put him stomach down onto the grassy area immediately adjacent to the truck.

Mark Schauer, Corpus Christi Police Officer, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 108 ("I grabbed one arm and Constable Rivera grabbed the other arm and pulled him out" on the curb side of the truck).

Thereafter, arresting Officer Schauer referred in a police report to superficial scratches on DeLuna's chest adjacent to the upper part of his right arm, arresting officer Ruben Rivera testified at trial that he "seemed to remember" scratches on DeLuna's back or shoulder, and Schauer testified at trial that the scratches were on the front of DeLuna's body adjacent to his right arm and that there were no scratches on DeLuna's shoulder or back. See Mark Schauer, Corpus Christi Police Dep't, Officer, Supplementary Report (Feb. 8, 1983) at 2 ("I noticed the suspect had three or four scratch marks under his right arm and on his chest and the blood on them was still fresh. The scratches were only superficial.");

Ruben Rivera, Nueces County Deputy Constable, Trial Test., Texas v. DeLuna, No. 83-CR.194-A (Nueces Cty., 28th Dist. Tex. July 17, 1983) at 107 ("Seems I remember . . . some scratch marks or something like that. I don't know—no blood or anything, just scratch marks somewhere on . . . his back or shoulder, one of his shoulders");

Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 118–20 (describing light scratches on the right part of his body—(indicating) . . . under this part of the arm (indicating)" and recalls no scratches on DeLuna's shoulder or back).

Within an hour after DeLuna's arrest, a technician swabbed DeLuna's chest for blood, and took several photographs of DeLuna his unclothed upper body. See Marcia Packer, Corpus Christi Police Department, Field Investigation Report (Feb. 5, 1983) at 1 ("At approximately 10:30 p.m. 2–4–83 Officer Schauer requested I take swab samples from suspect Carlos DeLuna who had been picked up earlier on an aggravated robbery charge. I took three samples from the suspect's face, throat and chest. I also took five pictures of the suspect upon the request of Sgt. G. Garrett. Swab samples were turned over to C. Parker.").

When sent to the laboratory for testing, the swabs came back negative for blood. Likewise, photographs reveal no evidence of scratches on DeLuna's chest, side, shoulders or arms. Pl.'s Ex. 6, Vargas v. Diamond Shamrock, No. 84–4951-D, 86–5900-D (Nueces Cty., 105th Dist. Tex. 1988) (revealing no scratches on photos of Carlos DeLuna after his arrest);

Pl.'s Ex. 7, Vargas v. Diamond Shamrock, No. 84–4951-D, 86–5900-D (Nueces Cty., 105th Dist. Tex. 1988) (same);

Pl.'s Ex. 8, Vargas v. Diamond Shamrock, No. 84–4951-D, 86–5900-D (Nueces Cty., 105th Dist. Tex. 1988) (same);

Pl.'s Ex. 9, Vargas v. Diamond Shamrock, No. 84–4951-D, 86–5900-D (Nueces Cty., 105th Dist. Tex. 1988) (same);

see Comparison of Carlos DeLuna Photos Documenting Bruised Face at Time of Booking;

see supra Chapter 3, Figure 6 If there were any chest scratches—even though there is no evidence of them in the photographs and chest swabs—their source is unlikely to have been the struggle with Wanda Lopez, because her assailant was fully clothed. A more likely source was acknowledged by arresting officer Rivera at DeLuna's trial: the scratches may have occurred "from lying on the ground or being pulled." Ruben Rivera, Nueces County Deputy Constable, Trial Test., Texas v. DeLuna, No. 83-CR.194-A (Nueces Cty., 28th Dist. Tex. July 17, 1983) at 107 ("A. Seems I remember . . . some scratch marks or something like that. . .no blood or anything, just scratch marks . . . . Q. Conceivably that could have come from lying on the ground or being pulled? A. Possibly.");

Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 118–20, 147–48 (offering opinion on direct examination that the scratches were not "burn-type marks like a person who skids along a concrete" but acknowledging on cross-examination that it is "possible" for DeLuna to "scratch himself" from "bushes or if he happened to crawl under a truck" without a shirt on).

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:28:42–01:29:35:

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.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:54:43–01:55:30:

Q. And again, assessing this crime scene, again, based on your experience as an investigator, would you have an expectation that there would have been a transfer of evidence from the victim to the perpetrator of this crime?

A. Definitely, definitely. There would have been blood somewhere on that person's body, their clothing. There would have been blood on the shoes. If that person would have been at that particular crime scene with as much blood as there was there, yes, definitely, that would have linked that person to that crime.

See also Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:58:58–07:02:25:

A. I know that Carlos Hernandez, some people feel, is the real culprit [in the killing of Wanda Lopez], but it was interesting to me, in hearing about this case, . . . that there was an enormous amount of blood found at the scene. Additionally there were people—this wasn't an ice-house, but in fact was a Sigmor, a convenience store gas station place, and that there were witnesses outside, that the descriptions of the culprit differed from what Mr. DeLuna was found in. That Mr. DeLuna was found and that the eye-witnesses said that the culprit went in a different direction from which, different from which DeLuna was found, and that 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]. Additionally, I think this case was wrapped up within an hour or two. And it was at night when [Detectives] Eddie [Garza] and Paul [Rivera] weren't working, yeah. If Eddie and Paul were there, they might have viewed it differently. . . . But if I had said to him [Detective Rivera], "Where's the blood, dude." You know, he'd think on that, and he'd come back, he might come back a week later and say, "there wasn't any blood on his shoes, I wouldn't look at him [as a suspect]." The people I think, I heard were involved [conducting the DeLuna investigation] were people that I don't think we're that good.

Q. And when you say "those people" you mean the investigators that IDed him?

A. Cops. Yeah, you know, I'm sure there were competent people there, but, you know, you need a lead person. That lead person kind of controls how an investigation goes down. You know, you need to—a solution to a crime is nice, but it's good to make sure you get all the evidence. Clearly, DeLuna in that situation was a man to arrest, but the case didn't need to be wrapped up in an hour. It clearly—This is a capital murder case. This ain't no joke.

Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 07:03:57–07:09:12:

Q. How would you react to the fact that that crime scene was processed over the course of less than two hours, and turned back over to the manager of the gas station that evening, within two hours of the event occurring, to be cleaned out, washed out, and open for business soon thereafter, so that all of that happened at night and there was no investigation done at the scene, possibly during the day or over any course of time beyond two hours? . . .

A. Well, the reaction that one has is that, you know, look: this isn't New York City and this isn't California, but come on now. I mean, how much work could be done. You know, obviously just the description itself begs the answer, doesn't it? I mean, you can close an ice house down for a night and nothing bad is going to happen. Certainly Diamond Shamrock isn't going to go broke. A man's life is at stake. Somebody died. Couldn't you think that's important enough to do it right? Of course not. I mean, it's silly. Return it two hours later? Come on. . . . But, you know, things should have been done maybe in the light of day, just to be sure that it was done right. I don't know who the persons were involved, but that's awful quick, isn't it? You hit that place with pine oil the next—that night, or the next morning, that's lost. All that's lost. Well, I mean, you know. First of all, I represent, I'm more of an emotion person, but come on now. We're talking fingerprints, aren't we? 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'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?

Bruno Mejia, Corpus Christi Police Dep't, Officer, Trial Test. at 68–70, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) (testifying that the weather at the time he—the second officer at the scene—arrived at the gas station was "clear, mild, warm.").

The Old Farmer's Almanac, http://www.almanac.com (last visited May 2, 2011) (showing weather for Corpus Christi on February 4, 1983 as 54.9–68.0 degrees Fahrenheit; 0.12" precipitation; 50.4 dew point); see supra Chapter 3, notes 36 and accompanying text; see infra Chapter 13, notes 45, 169 and accompanying text.

Crime Scene Photograph 25500022, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500023, Corpus Christi Police Dep't (Feb. 4, 1983);

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

Crime Scene Photograph 25500029, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500032, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500034, Corpus Christi Police Dep't (Feb. 4, 1983) (all showing modest extent of standing moisture on outdoor pavement and grass surfaces);

infra Figure 24.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:29:58–01:30:51:

Q. Mr. Garza, it's my understanding that it had rained previous to this crime occurring. I don't believe that it was raining at the time but it had rained within a few hours of that crime. Do you think the rain or the wet ground would have influenced the integrity of those blood samples, had they been there on Mr. DeLuna's clothing?

A. Definitely not. Definitely not. Rain would not have any kind of factor. If there was blood on the clothing, blood on the shoes, the rain that was there—You would have had to actually scrub both items and wash them real good to get blood stains removed from an item that the subject was wearing just moments before the crime.

See Jonathan I. Creamer, et al., Attempted Cleaning of Bloodstains and its Effect on the Forensic Luminal Test, 20 Luminescence 411 (2005) (reporting that only thorough washing of clothing with bleach or other chemicals, not just water, can undermine the ability of forensic luminal testing to identify the presence of blood).

See supra note 73 and accompanying text; infra Chapter 13, note 81 and accompanying text.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:29:47–01:29:58 ("Again, if a person with a white shirt would have been at this crime scene it would have been a transfer of blood somewhere or another to that white shirt.");

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:54:43–01:55:30:

Q. And again, assessing this crime scene, again, based on your experience as an investigator, would you have an expectation that there would have been a transfer of evidence from the victim to the perpetrator of this crime?

A. Definitely, definitely. There would have been blood somewhere on that person's body, their clothing. There would have been blood on the shoes. If that person would have been at that particular crime scene with as much blood as there was there, yes, definitely, that would have linked that person to that crime.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:27:53–01:28:10 ("[B]ut if any money came from that crime scene, there should have been some speck of blood on 149 dollars.").

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:49:19–00:50:56 ("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, Carlos DeLuna, yes, 'you were at the crime scene, this blood matches Wanda Lopez.' And that was not there.").

Kevan Baker, Witness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep't (Feb. 4, 1983) at 1 ("Before I could start to pump gas I heard this bang inside the store. I looked up and I seen this man pulling this lady from behind the counter by the hair. . . . She appeared to be the clerk. When I seen him pulling her by the hair I first thought they were playing, then I noticed he was really pulling her. She was bent over and he was trying to force her into the back room.");

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 267–68, 270, 280–81:

Q. And what did you see?

A. I saw a man and a woman fighting. . . . [The man] was pulling her hair and I thought they were playing at first, that was my first impression, boyfriend/girlfriend.

Q. And was there anything to change your mind about that?

A. Yeah, the longer—longer I stood there, the more seconds I stood there, I realized they weren't playing.

Q. Did either one of them appear to be trying to accomplish some aim?

A. Yes, the gentleman was trying to—definitely pulling the lady by the air, trying to—apparently pull her through the door into the rear of the store.

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 270, 268–269 ("The gentleman had the lady . . . and [was] trying hard to get her into the back of the store."; the man was "pulling" the girl "towards the back door toward, I suppose, a storage room, and she was doing all she could to hold herself back"; the man was trying to "apparently pull her through the door into the rear of the store . . . this door right here . . . . She was trying to hold herself back.");

Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 00:02–01:05 ("I looked up and I seen this Hispanic gentleman pulling on the girl's hair.");

see also Crime Scene Photograph 25500035, Corpus Christi Police Dep't (Feb. 4, 1983) (showing the victim's hair and hair length as medics worked on her at the crime scene).

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

infra Figure 24; see also Crime Scene Photograph 25500005, Corpus Christi Police Dep't (Feb. 4, 1983).

Marcia Packer, Corpus Christi Police Department, Field Investigation Report at 1 (Feb. 5, 1983) (discussing scan of DeLuna's body for evidence or effects of a struggle);

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas. (Dec. 6, 2004) at 00:45:19–00:45:51 ("That person, you have to link him with witnesses' statements, with the physical evidence that is found at the scene, whether it be footprints, fingerprints, palm prints, anything.");

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. . . . [T]hey didn't let him wash his hands or nothing, that's the first thing they should have checked: his fingernails for blood. There was too much blood in the place, even blood on the money that was in the place. Something would have revealed, that if he handled money with blood, it would have transferred over to his hands somewhere or another.

As Garza noted, if foreign hair had been found on Carlos DeLuna's body or clothing, Escobedo had the ability to compare it to Wanda Lopez's hair. See Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) ("I noticed that the victim's purse and a comb were underneath the counter. . . .");

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas. (Dec. 6, 2004) at 01:26:37–01:26:57 (noting the reference in Escobedo's supplementary report to the "comb . . . underneath the counter" and pointing out that "[t]here could have been hair tests taken from the comb to determine whether it was her hair or who else's hair").

Cf Joel Infante, Corpus Christi Police Identification Technician, Field Investigation Report (Feb. 4, 1983) at 1 (indicating that, although Escobedo noted the comb, Infante did not confiscate it, including for use in providing a reference sample of the victim's hair).

Letter from James F. Waller, Jr., Supervisor, Chemistry Laboratory, to Sergeant Olivia Escobedo (Feb. 17, 1983) at 1 ("On February 9, 1983, you personally submitted the following: . . . 2. A pair of men's black pants 3. One pair of white tennis shoes 4. One long sleeve men's shirt. It was requested that examinations be made to determine the presence of blood on the submitted items, and if, present, the origin and type. . . . No blood was found on the pants, shirt, or shoes.");

see other sources cited supra note 73; Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:26:43–01:26:57 ("There could have been hair tests taken from the comb itself and to determine whether it was her hair or who else's hair was on that comb.").

See supra Chapter 4, notes 80–89, 105–109 and accompanying text.

Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Undated) at 2 ("I searched the subject for weapons and found a wad of paper currency rolled up in his right hand pants pocket. I later determined that there were (3) twenty dollar bills, (7) ten dollar bills, (1) five dollar bill, and (14) one dollar bills.").

Mark Schauer, Corpus Christi Police Dep't, Officer, Supplementary Report (Feb. 8, 1983) (noting that before he counted the bills found on DeLuna he "had the wad of bills rolled up and lying on the table. . . (the twenties were observable at the bottom of the roll)").;

Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 113–14 (stating that he the money remained "rolled up into a . . . bunch" until he "started unflapping it to count it," then noticed DeLuna was "counting it as I was unrolling it," at which point Schauer "rolled it back up and . . . counted it later").

See Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas. (Dec. 6, 2004) at 01:27:53–01:28:10 ([B]ut if any money came from that crime scene, there should have been some speck of blood on 149 dollars.").

Chapter 10
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