HRLR
Los Tocayos Carlos
Chapter 10
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All Chapter 10 Footnotes

Not far from the cigarette was a wad of chewed gum. It too must have fallen during the fracas, because it lay on top of the First National Bank calendar that itself probably fell to the ground during the struggle.109

Escobedo and Infante missed the gum entirely. They never tested it for saliva or secreted blood.

Behind Escobedo is a maroon button that didn't come from DeLuna's or the victim's clothing and may have come from the reddish flannel jacket the attacker wore.110 Escobedo noticed the button, but never tested it for prints or blood.

She also spotted a comb under a counter, but didn't bag and save it or test it for hair or fingerprints not belonging to the victim that could've been compared with DeLuna's.111

She didn't even test the beer cans discarded where Aguirre saw the man drinking to see if they had traces of the killer's saliva and secreted blood.112

If any saliva, hair, or prints on the cigarette, gum, button, comb, or beer cans didn't belong to DeLuna, Escobedo would've known she had the wrong man. She never looked.

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Figure 25. (Top) Detail of photo of Detective Olivia Escobedo standing on top of items knocked onto the floor during the struggle; the maroon button is in the bottom left of the frame. (Bottom left) Detail of calendar and (clockwise from calendar's left edge), a wad of pink chewed gum, a roll of fingerprint tape, and a cigarette fragment. (Bottom right) Close-up of a cigarette fragment with a black possibly charred spot on it but no red blood.

* * * * *

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

Crime Scene Photograph 25500008, 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 25500028, Corpus Christi Police Dep't (Feb. 4, 1983);

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

see supra Chapter 4, notes 62–68 and accompanying text.

Kevan Baker, Witness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep't (Feb. 4, 1983) at 1 ("He had on what looked like a flannel shirt with some red in it.");

Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Undated) at 1 ("The bolo advised the suspect was a Hispanic male . . . [who] wore dark pants and a flannel shirt . . . dark wavy, ear-length hair.");

Kevan Baker, Witness to Attack on Wanda Lopez, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 28–29, 39–42 ("I described [to the officer] a shirt that had some red in it."; "I felt that it was something with red in it"; "something long-sleeved"; "possibly a flannel shirt");

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 265–77, 281, 286 (describing the shirt the assailant wore as "something red with flannel or something flannel with red in it");

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:20:42–01:21:00 ("Comparisons of that [maroon] button should have been looked at, in the clothing that the offender was wearing at the time, whether it was jerked off by the victim, or whether it was a button that belonged to some of the victim's clothing, that should have been properly identified in some way or another.").

Compare Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) ("I saw that there was a maroon colored button laying on the red floor mat.")

with Olivia Escobedo, Texas Dep't of Public Safety Laboratory Physical Evidence Submission Form (Feb. 9, 1983) at 2 (submitting only the $5 bill, a pair of black pants, a pair of white shoes, a long sleeve shirt, and Q-tip swabs for testing);

Letter from James F. Waller, Jr., Supervisor, Chemistry Laboratory, to Sergeant Olivia Escobedo (Feb. 17, 1983) (omitting the button from the items sent to the lab to be chemically processed for blood)

and Joel Infante, Corpus Christi Police Identification Technician, Field Investigation Report at 1 (Feb. 4, 1983) (omitting the button from the list of items processed for fingerprints).

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) ("I noticed . . . a comb . . . underneath the counter. . ."; comb is omitted from items Escobedo reports as having been confiscated from the scene);

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) (omitting the comb from the items seized, bagged and marked at the scene); Joel Infante, Corpus Christi Police Identification Technician, Field Investigation Report (Feb. 4, 1983) at 1 (omitting comb from lists of item seized and those processed forensically);

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Texas Dep't of Public Safety Laboratory Physical Evidence Submission Form (Feb. 9, 1983) at 2 (submitting only the $5 bill, a pair of black pants, a pair of white shoes, a long sleeve shirt, and Q-tip swabs for testing; omitting the comb);

Letter from James F. Waller, Jr., Supervisor, Chemistry Laboratory, to Sergeant Olivia Escobedo (Feb. 17, 1983) (omitting the comb from the list of items chemically processed for blood, hair or other identifying substances);

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:26:37–01:26:57 ("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.").

Crime Scene Photograph 25500025, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500026, Corpus Christi Police Dep't (Feb. 4, 1983);

Joel Infante, Corpus Christi Police Identification Technician, Field Investigation Report (Feb. 4, 1983) at 1 (noting that he processed two "beer cans which he found out the back of the gas station on the grass" for prints but not listing them among the items sent for laboratory analysis for blood and secretions);

see George Aguirre, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 222−23 ("There was a person standing by the—I guess this is the ice machine, right by the ice machine drinking a beer. . . . [W]hen I was looking at him, you know, through the corner of my eye, I saw him putting a knife in his left pocket open, the blade was—I saw him holding it by the blade and putting it in his left pocket.");

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:31:08–01:31:31 ("[The cans] should have been packaged up, taken to the lab, and tested for any type of evidence linking the offender. If he had actually placed those cans back there, it would have had something that would identify that offender to those cans.");

supra Chapter 2, notes 76–77 and accompanying text.

Chapter 10
Page: 6 of 14