HRLR
Los Tocayos Carlos
Chapter 10
Page: 8 of 14
Text: A | A | A
All Chapter 10 Footnotes

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Figure 26. Detail from police photos of a trail of bare footprints and blood drops from just outside the passageway through the clerk's counter to the front door.

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Figure 27. (Left) The sidewalk outside the Sigmor store after Wanda Lopez was taken to the hospital. To the left are blood stains, bandages, and debris left by the victim and medics. Barely visible in the bottom right-hand corner are two reddish stains along the assailant's escape route that may be partial shoe prints. (Right) Detail of the two stains.

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Figure 28: (Left) Northern end of clerk's area, including (foreground, near soda cases) Wanda's skid marks; (on and near back-room door) high blood spatter, Wanda's right shoe, and a large pool of blood; and (inside back room) reddish smudge on the concrete floor. (Right) Detail of smudge on back-room floor.



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Figure 29. (Top Left) Passageway through clerk’s counter with full shoe print (midway through passageway) and possible heel print (bottom edge, center). (Top Right) Detail of shoe print and possible heel print. (Bottom left) Route from back room through passageway. (Bottom Center) Detail of clump of hair that Escobedo and Infante did not notice. (Bottom Right) Relationship of clump of hair (center left), full shoe print (top right) and possible partial shoe print (bottom right).

The "footprint is very noticeable," Garza observed. Its maker must have stepped in a pool of blood, because this later step "squashed the blood over to the side."128

The person who left the print, Garza said, "would have to be the offender," because Wanda wore straight-bottomed sandals or was barefoot, and this print has "a heel print from a shoe."129

Unlike the foot-marks Wanda made which so fascinated Escobedo and Infante, these shoe marks were crucial to the investigation, Garza said. They were an "imprint" of himself that the killer had left behind.130 They could rule in or out any suspect whose shoes did or didn't match the marks.131

"That should have been measured," he said, and there "should have been a better quality picture made of this, with a ruler laying beside it."132

"[I]f I were the investigator, I would be looking very, very closely to match the heel print right there to the shoes that the offender would have been wearing."133

Escobedo and Infante, however, never mentioned the shoe print in their reports or testimony. Although they had done so with one of Wanda's footprints,134 they made no close-up or cast of the shoe print and didn't measure it. They made no effort to see whether Carlos DeLuna's shoes, which had no blood on them anywhere, nonetheless matched the print.

Whoever he was, the killer was a lucky man. Escobedo and her technician Infante never noticed the blood-soaked present he had inadvertently left for them.

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Figure 10 (reprise). Clerk’s area portion of the police diagram of the Sigmor Shamrock (see Chapter 3, Figure 5), with additions by the authors.

* * * * *

Among other things, the Sigmor crime scene was a jumble of surfaces that human hands had recently touched.

Natural oils from hands leave behind imprints of the profusion of ridges and valleys in the skin on bits of their fingers and palms.135 Garza saw several surfaces in the photos that the stabber—and in some cases, many other people—must have touched. Many of them, he said, could have yielded fingerprints: more presents, perhaps, that the killer had left behind.136

The trick was to use the right method to recover the prints from each type of surface. Dusting with graphite powder was the method Corpus police used to get prints at the crime scene itself, especially from surfaces they couldn't carry to a laboratory.137 "Superglue" and "ninhydrin" were better for moist, greasy, and other difficult surfaces, especially when the evidence could easily be confiscated at the scene and sent to a police lab for analysis.138

You have to choose your method carefully, Garza explained. Once you use black graphite powder on a surface, it fouls the prints, and other methods won't work.139

Garza saw many surfaces in the photos that he would have tested for prints:

  • The empty cans found where Aguirre saw the killer drinking beer near the ice machine140

  • The ice machine141

  • The front door142

  • The cigarette case and display143

  • The Winston pack the attacker plunked down on the counter144

  • A large pen and a penny next to the cigarette pack145

  • The Formica counter itself, which the killer probably jumped over146

  • The telephone receiver he hung up147

  • The cash drawer148

  • The money bills strewn around the floor149

  • The key to the safe where money was stored150

  • Items the killer and victim probably swept onto the floor while they struggled, including napkins and paper towels,151 the cigarette fragment,152 the maroon button,153 the calendar,154 a plastic Sigmor bag,155 coin wrappers,156 a piece of typing paper,157 and a box of Sigmor sugar packs158

  • Cardboard soda cases that were knocked over during the struggle159

  • A comb found under a counter160

  • A "Kool Tube" on the floor next to Wanda's sandal just outside the storage room161

  • The open door, door knobs and frame to the back room where the attacker tried to drag the victim162

  • The lift-top part of the passageway through the counter where the killer probably exited163

  • The latch that secured the half-door through the counter, which he had to be unlatched to escape164

  • The half-door itself165

  • The clerk's roller chair that someone had pushed out from behind the counter166

  • The buck-knife.167

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:03:15–01:04:42 ("(holds up another photograph) And there are certain footprints leading to [another] photograph . . . , I believe. [The other p]hotograph . . . shows another partial print where there was a pool of blood and someone stepped on it and squashed the blood over to the side. But if you can see, the footprint is very noticeable. That should have been measured also, it should have been a better quality picture made of this, with a ruler laying beside it.");

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.").

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 00:59:14–01:00:00:

Th[e] person [who made this print] 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 00:48:34–00:50:56 ("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.");

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 00:59:14–01:00:00:

Th[e] person [who made this print] 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 01:28:42–01:29:35 ("[T]here was footprints and imprints in the blood at the crime scene.").

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 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. 5, 2004) at 01:03:15–01:04:42:

The proper way to have taken this picture is to put a ruler right beside it. That way you could identify whether it's the victim's footprint or the offender's footprint that was left. Footprint or shoe print, because there's another photograph that kind of shows toes or something like that. But the length of it, by the ruler, would identify what size shoe or what size the foot the person, whether it be the offender or the victim, were wearing. (holds up another photograph) And there are certain footprints leading to [another] photograph . . . show[ing] another partial print where there was a pool of blood and someone stepped on it and squashed the blood over to the side. But if you can see, the footprint is very noticeable. That should have been measured also, it should have been a better quality picture made of this, with a ruler laying beside it.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:28:42–01:29:35 ("[T]he 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. 5, 2004) at 00:59:14–01:00:00;

see also Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 07:06:14–07:09:12:

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 25500012, Corpus Christi Police Dep't (Feb. 4, 1983) (close-up of imprint in blood of ball of Wanda Lopez's foot).

See Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:21:54–01:23:27 ("[T]here's enough oil in a person's body to transfer a palm print or a fingerprint onto any kind of surface.");

see Ernest Dave Wilson, Corpus Christi Police Fingerprint Examiner, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 341–42:

Q. Sergeant Wilson, fingerprints usually will be left on smooth surfaces; is that your testimony?

A. Yes, sir, dry, smooth surfaces.

Q. Okay, dry, smooth surfaces such as a table top counter?

A. It depends on what the counter is made out of, sir.

Q. Okay, if it's Formica or wood type?

A. If it's wood and highly polished, yes, sir, they will leave good prints.

Q. What about Formica or plastic?

A. If it's good, smooth plastic it will leave good latents; Formica, it depends on how much wear and tear it has had being a counter as to how much it will have.

Q. What about a package of cigarettes?

A. It will leave good prints.

Q. What about a glass door?

A. If it's dry it will leave good prints.

Q. What about a telephone.

A. It will leave good prints.

Q. How about a—an aluminum-type handle on a door?

A. If it's smooth and dry it will adhere to a good fingerprint.

Q. How about a handle of a knife?

A. Well, here again, it depends on what the handle's made out of. . . . If it's a smooth, dry surface it should retain fingerprints.

See, e.g., Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 00:34:50:

It's a great possibility to get prints off this knife because this is a smooth surface and you have your brass or copper ends right here and you can very well lift a partial palm-print or a thumbprint or fingerprint off this particular knife. It has been done before and I've seen it done before. You can actually seal this [knife], superglue it, and you can get a print off of this. It might not be enough points in the print to prove that that's that particular person [using a computer database of fingerprints, without having reference prints from a particular suspect] but it will have enough points in there to determine that yes, that [known suspect, with reference prints] is the person that had this knife in his hand.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 00:52:58–00:58:30, 01:11:35–01:11:55, 01:12:11–01:12:30, 01:14:10–01:14:25:

I see . . . a package of Winston cigarettes laying on top of the counter. And to me, if I was thinking, this subject that committed this crime, came in, asked for a package of cigarettes, he was given the package of cigarettes and it was laid on the counter. . . . [I]t is very, very possible to obtain either a palm print, a fingerprint from this knife. . . . [I]f this [cash drawer] was processed properly, something could have been obtained from somewhere around the cash [drawer], some type of print. . . . [noting how prints can be obtained from cellophane packaging] . . . . Any piece of paper found on the floor or around the crime scene should have been put in paper bags, secured, taken to the laboratory, superglued, and they should have been tested for blood type and also any latents. . . . That calendar should have been secured in a large paper sack, taken to the laboratory, swabs should have been taken from the blood on the paper, and then it should have been properly processed for latent prints.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:21:54–01:23:27:

[T]here was other evidence on there that could have been obtained both by the knife itself, [but] just dusting it, is probably not going to bring a finger print. The hands of a perspiring person are going to leave some kind of palm print or something on it. But sometimes, you have to actually use a process they call "superglue," that will actually bring a latent to light if it is there. I don't care how much grease there is. You can obtain a wet can and if you dry that can, and later on superglue it, you're going to get a latent. I don't care what, I've had this happen on another crime scene that I investigated that I had that process done, because I believed you could get a print off a wet can. And I was told "no" by the identification. Yet, they got all five fingers on that can and they got a palm print on that can. So I say that a knife, yes, you could superglue it and get a print somewhere or another. Because there's enough oil in a person's body to transfer a palm print or a fingerprint onto any kind of surface.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:35:40–01:36:02 ("The counter was made of Formica, there would have been prints if—There should have been several prints from people that patronized the business itself. If none were lifted, then it was an improper way to try to lift latents from the counter itself.");

see also 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. . . . 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.");

Joel Infante, Corpus Christi Police Identification Technician, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 21, 1983) at 205 ("Q. Now, I notice when I pick [the knife] up and I hold it like this and I take my finger off it, I can see something of a fingerprint. Is it possible to put your hand on that thing and not leave a print on something like that? A. It's possible the way it's handled that you could, and that you could not leave a print, very, very possible.");

Ernest Dave Wilson, Corpus Christi Police Fingerprint Examiner, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 341–44 (noting that it is difficult to retrieve fingerprints from currency, and that ninhydrin is the substance used to try to do so, and that "good prints" are often available from plastic table tops or counters, cigarette packs, glass doors, telephones, aluminum door handles, and smooth knife handles).

See Joel Infante, Corpus Christi Police Identification Technician, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 192–93 (describing field procedure for using black powder to lift fingerprints at the crime scene, the method he utilized at the crime scene);

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:00:49–01:01:29 (describing the field procedure for lifting fingerprints with graphite powder: "They lift the print with [a] roll of tape . . . . That's how that print is lifted. They actually dust it, they get the figure of a print, the tape is put over it, and then it is lifted and placed on a white four-by-five card, mostly. . . . That card is marked by the person that lifted it, with the print, where he lifted the print from. He has to list it on the card exactly what part that print was lifted from. That's the work of a proper identification person.");

see also Tamara Theiss's Notes on Interview with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases (Feb. 27, 2005) at 2 (discussing the limited materials available in the field kit for field investigations);

Julia Frenette, Lifting Techniques, Clue, http://www.odec.ca/projects/2004/fren4j0/public_html/lifting_techniques.htm (last visited Feb. 3, 2012) ("Once the fingerprints are developed and photographed, there are several techniques that can be used to lift the fingerprints for further analysis and storage. There are hinge lifters, rubber lifters and cellophane tape.").

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 00:34:50:

It's a great possibility to get prints off this knife because this is a smooth surface and you have your brass or copper ends right here and you can very well lift a partial palm-print or a thumbprint or fingerprint off this particular knife. It has been done before and I've seen it done before. You can actually seal this [knife], superglue it, and you can get a print off of this. It might not be enough points in the print to prove that that's that particular person [using a computer database of fingerprints, without having reference prints from a particular suspect] but it will have enough points in there to determine that yes, that [known suspect, with reference prints] is the person that had this knife in his hand.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 00:54:52–00:58:30:

Now, I did not read anything whether this knife was processed for fingerprints or not, but it is very, very possible to obtain either a palm print, a fingerprint from this knife. . . . And here's a closer photograph, photograph 6, of the knife itself. And you can see that there might be some foreign matter on this particular knife. I think that's why the close-up was taken of it because it does show some foreign matter. But just like you see foreign matter here, you have your other part of the knife that could have had some type of fingerprint.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:21:54–01:23:27:

[T]here was other evidence on there that could have been obtained both by the knife itself, [but] just dusting it, is probably not going to bring a finger print. The hands of a perspiring person are going to leave some kind of palm print or something on it. But sometimes, you have to actually use a process they call "superglue," that will actually bring a latent to light if it is there. I don't care how much grease there is. You can obtain a wet can and if you dry that can, and later on superglue it, you're going to get a latent. I don't care what, I've had this happen on another crime scene that I investigated that I had that process done, because I believed you could get a print off a wet can. And I was told "no" by the identification. Yet, they got all five fingers on that can and they got a palm print on that can. So I say that a knife, yes, you could superglue it and get a print somewhere or another. Because there's enough oil in a person's body to transfer a palm print or a fingerprint onto any kind of surface.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:26:25–01:26:37 (noting that the "receiver itself [of the telephone behind the clerk's counter] should have been taken off that phone and taken to the laboratory and tested further");

see 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 124–27 ("Q. Now you know what that purple money is, don't you? . . . A. It's ninhydrin; it's a chemical used to bring out fingerprints on paper.");

Ernest Dave Wilson, Corpus Christi Police Fingerprint Examiner, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 341–44 (noting that it is difficult to retrieve fingerprints from currency, and that ninhydrin is the laboratory substance used to try to do so);

see also E. Roland Menzel, Fingerprint Detection with Lasers 147 (2d ed. 1999) ("[T]he far and away most important reagent for the detection of fingerprints on paper and similar porous surfaces continues to be ninhydrin.").

Raul Sutton & Keith Trueman, Crime Scene Management: Scene Specific Methods 50, 114, 127 (2009) ("[C]onsideration is given to items that have surfaces suitable to retain fingerprints. These areas or items, fall into two different categories. Surfaces that are clean, dry, smooth and non-porous may be examined, for latent fingerprints, using any type of the various types of powder. Other surfaces that are wet or porous will reveal fingerprint impressions better by using any of the various chemical treatments."; discussing how powder can obliterate the ridge details on latent fingerprints; "[A]ny evidence, (and latent fingerprint marks are no different), is fragile and easily destroyed. You will probably only ever get one chance to get the best possible evidence. The wrong choices in powdering technique or chemical treatment could be fatal to this process.").

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

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

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

supra Figure 24; supra Chapter 2, notes 76–77 and accompanying text; see also 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);

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.").

For a diagram indicating the location at the crime scene of most items on this list, see supra Figure 10 (reprise; this Chapter).

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

see supra Chapter 2, notes 73, 76, 89, 134, 153 and accompanying text & Figure 2; supra Chapter 3, notes 16, 31, 69 and accompanying text.

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

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

Crime Scene Photograph 25500033, Corpus Christi Police Dep't (Feb. 4, 1983);

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:04:42–01:08:35:

The front door: there's one photograph that you see a lot of blood on the door itself. (holds up another photograph) And this one you do see blood right here on the bottom part of where the handle is. But this door, I don't know if it was ever processed. . . . There might have been a hand print, palm print, or something, with the offender just pushing the door and going out of the place, which could have been obtained if the scene was processed properly. . . . I feel that the whole door should have been processed and then swabs taken from the particular areas where there was blood on the door. Those swabs should have been obtained and sent to the [state crime] laboratory in Austin to determine who's, what type of blood it was.

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

supra Figure 27; supra Chapter 2 notes 55–60 and accompanying text; supra Chapter 4 notes 6, 37, 79 and accompanying text.

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

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

see supra Chapter 4, note 48 and accompanying text & Figure 8.

Crime Scene Photograph 25500009, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500013, Corpus Christi Police Dep't (Feb. 4, 1983);

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

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Dep't (Dec. 5, 2004) at 00:52:58–00:54:52, 01:11:35 ("I see a . . . a package of Winston cigarettes laying on top of the counter. And to me, if I was thinking, this subject that committed this crime, came in, asked for a package of cigarettes, he was given the package of cigarettes and it was laid on the counter."; "I would be looking at to obtain prints [from] the Winston package of cigarettes."; noting the ease with which prints can be obtained from cellophane packaging);

supra Chapter 1, notes 65–66 and accompanying text; supra Chapter 4, note 48 and accompanying text & Figure 8.

Crime Scene Photograph 25500009, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500013, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500028, Corpus Christi Police Dep't (Feb. 4, 1983) (showing penny on the counter next to the Winston pack);

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. DeLuna, No. 82-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 299–300 ("I saw that there was a package of cigarettes, Winston cigarettes on top of the counter, there was a ballpoint pen on the counter, also.");

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 00:52:58, 01:10:14, 01:11:00 ("I did not see any evidence during my reports on anything that was given to you all whether . . . this particular . . . [candy-cane-shaped pen] was processed for fingerprints or anything else, but that would be something that I would be looking at to obtain prints"; "Q. There was a writing pen that was found on the counter . . . No tests were run, including tests for fingerprints. What is your opinion on that? A. It should have been properly secured, properly marked, and properly processed."; "[T]here should have been some type of an attempt to obtain a latent print from the penny itself.");

supra Chapter 4, Figure 8.

Crime Scene Photograph 25500009, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500013, Corpus Christi Police Dep't (Feb. 4, 1983);

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

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

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) (describing items observed at the crime scene: "The back side of the check out counter was observed to have blood smears on the lower right hand corner. . . . I also saw that there was some blood smeared on the counter top.");

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 00:54:42–01:00:00 ("Formica is a pretty smooth surface; sometimes you can lift a whole hand print if somebody puts their hands on the counter. . . . Evidently, the majority of the people, they put their hand on the counter.");

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:35:40–01:36:02 ("The counter was made of Formica, there would have been prints if—There should have been several prints from people that patronized the business itself. If none were lifted, then it was an improper way to try to lift latents from the counter itself.");

supra Chapter 4, Figure 8.

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

Crime Scene Photograph 25500013, Corpus Christi Police Dep't (Feb. 4, 1983);

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

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) ("The telephone was cradled properly and was heard to be ringing a few minutes after we entered the premises. . . . Dispatcher Escochea had stated that he had been talking to the victim and that he heard the struggle and then the phone had been dropped.");

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:26:13–01:26:25 ("[T]he receiver itself [from the phone] should have been taken off that phone and taken to the laboratory and tested further [for fingerprints].");

supra Chapter 1, note 72 and accompanying text; Chapter 4 note 50 and accompanying text & Figure 8.

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

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) ("I observed that the front of the cash register machine itself was covered with blood on the front portion of it"; omitting the cash drawer from the list of items bagged, confiscated and fingerprinted or otherwise forensically tested);

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 5, 2004) at 00:57:00 ("[I]f this [cash drawer] was processed properly, something could have been obtained from somewhere around the cash [drawer], some type of print.");

supra Chapter 4, notes 54, 50, 55, 61 and accompanying text & Figure 8.

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

Crime Scene Photograph 25500013, Corpus Christi Police Dep't (Feb. 4, 1983);

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

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

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

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) (describing items observed at the crime scene: "A five dollar bill was also found to be laying on the floor underneath the cash register tray, it was observed to have a blood stain on it.");

see supra Figure 23; supra Chapter 2, note 68 and accompanying text; Chapter 4 notes 45, 55, 81–82 and accompanying text & Figure 8.

Crime Scene Photograph 25500036, Corpus Christi Police Dep't (Feb. 4, 1983);

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) ("The keys to the safe were still in the key slot.");

Joel Infante, Corpus Christi Police Identification Technician, Field Investigation Report (Feb. 4, 1983) at 1 (reporting that he photographed "the keys in the metal box that holds the money");

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:26:57–01:27:06 ("Q. Keys to the safe were found in the key slot on the safe. No tests were conducted. A. They should have . . . processed [for fingerprints], depending on the surface of the key . . .");

supra Chapter 4, notes 28–29, 32 and accompanying text.

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 25500010, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500014, 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 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);

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) (describing items observed at the crime scene: "there were paper towels scattered, they were bloodied"; omitting the paper towels from the list of items bagged, confiscated and fingerprinted or otherwise forensically tested);

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:12:11 ("Any piece of paper found on the floor or around the crime scene should have been put in paper bags, secured, taken to the laboratory, superglued, and they should have been tested for blood type and also any latents.");

supra notes 97–98 and accompanying text & Figure 25, 29; supra Chapter 2, note 68 and accompanying text; supra Chapter 4, notes 68, 81 and accompanying text.

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);

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) ("A cigarette butt, no distinguishing brand on it, [was] found on the floor also behind the counter"; omitting the cigarette from the list of items fingerprinted or otherwise forensically tested);

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 5, 2004) at 00:51:59–00:52:58 ("As I see here, I believe that this is a cigarette butt [which should have been] retrieved from the scene to be tested for fingerprints or anything else.");

see supra notes 105–08 and accompanying text & Figure 25.

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

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

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."; omitting the button from the list of items fingerprinted or otherwise forensically tested);

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 5, 2004) at 01:20:42–01:21:00 ("Comparisons of that 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.");

supra note 110 and accompanying text & Figure 25.

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

Crime Scene Photograph 25500015, 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);

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) (describing items observed at the crime scene: "a calendar laid on the floor, the upper left hand corner of it was bloodied"; omitting the calendar from the list of items fingerprinted or otherwise forensically tested);

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 5, 2004) at 01:14:10 ("That calendar should have been secured in a large paper sack, taken to the laboratory, swabs should have been taken from the blood on the paper, and then it should have been properly processed for latent prints.");

supra note 109 and accompanying text & Figures 25, 29; supra Chapter 4, notes 66–68 and accompanying text.

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);

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) (describing items observed at the crime scene: "a plastic bag, the type used by the store to place cold drinks in, was also close by and it had blood pools on top of it"; omitting the bag from the list of items bagged, confiscated and fingerprinted or otherwise forensically tested);

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:12:11, 01:14:25–01:14:49 ("Q. A plastic bag for cold drinks, with blood pools on it. It was found behind the counter, on the floor. No tests were conducted. . . . A. That item should have been secured also and taken to the laboratory, the identification lab, and processed properly. . . and . . . tested for blood type and also any latents.").

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

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

Crime Scene Photograph 25500038, 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 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);

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

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 5, 2004) at 01:12:11 ("Any piece of paper found on the floor or around the crime scene should have been put in paper bags, secured, taken to the laboratory, superglued, and they should have been tested for blood type and also any latents.").

Crime Scene Photograph 25500008, 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);

see supra Chapter 4, notes 66–68 and accompanying text.

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 255000010, 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);

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 5, 2004) at 01:19:42 ("There should have been proper tests run for swabs of things. The [soda] cases, cardboard cases themselves, could have been processed for latents, and that wasn't done.");

supra Figures 23, 29; supra Chapter 4, notes 69–73 and accompanying text & Figure 9.

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. . ."; omitting the comb from the list of items photographed, bagged, confiscated and fingerprinted or otherwise forensically tested);

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 5, 2004) at 01:26:37–01:26:43 (discussing lab analyses that should have been run on the comb);

see supra note 111 and accompanying text.

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) ("I also saw that there was a 'Kool Tube' laying on the floor near the bloodied shoe near the entrance to the storage room.").

Escobedo and Infante did not photograph or confiscate the Kool Tube.

Crime Scene Photograph 25500007, 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);

see supra notes 35–37, 42, 121–23 and accompanying text & Figures 23, 28; supra Chapter 2, notes 22–24 and accompanying text; Chapter 4 notes 69–77 and accompanying text & Figure 9.

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

see supra Figure 29; supra Chapter 1, notes 5–8 and accompanying text; Chapter 4, notes 7, 40–42 and accompanying text & Figure 9.

Crime Scene Photograph 25500014, Corpus Christi Police Dep't (Feb. 4, 1983);

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

see supra Chapter 4, note 52 and accompanying text.

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

Crime Scene Photograph 25500014, 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 40–42 and accompanying text.

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

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

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:09:45 ("[T]hat stool should have been photographed, closely visualized. If there was any evidence that there might be a bloody print, that print should have been photographed. Then after it was photographed, there should have been some swabs taken of the blood to identify it properly.");

supra Chapter 4, note 43 and accompanying text.

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

Crime Scene Photograph 25500002, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500010, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500013, Corpus Christi Police Dep't (Feb. 4, 1983);

Crime Scene Photograph 25500016, 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);

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

Crime Scene Photograph 25500027, Corpus Christi Police Dep't (Feb. 4, 1983);

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

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:34:50:

It's a great possibility to get prints off this knife because this is a smooth surface and you have your brass or copper ends right here and you can very well lift a partial palm-print or a thumbprint or fingerprint off this particular knife. It has been done before and I've seen it done before. You can actually seal this weapon [the knife], superglue it, and you can get a print off of this."

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:54:52–00:57:00, 00:57:00–58:30 ("[It] is very, very possible to obtain either a palm print, a fingerprint from this knife."; "And you can see that there might be some foreign matter on this particular knife. I think that's why the close-up was taken of it because it does show some foreign matter. But just like you see foreign matter here, you have your other part of the knife that could have had some type of fingerprint.");

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:21:54–01:23:27:

[T]here was other evidence on there that could have been obtained both by the knife itself, [but] just dusting it, is probably not going to bring a finger print. The hands of a perspiring person are going to leave some kind of palm print or something on it. But sometimes, you have to actually use a process they call "superglue," that will actually bring a latent to light if it is there. I don't care how much grease there is. You can obtain a wet can and if you dry that can, and later on superglue it, you're going to get a latent. I don't care what, I've had this happen on another crime scene that I investigated that I had that process done, because I believed you could get a print off a wet can. And I was told "no" by the identification. Yet, they got all five fingers on that can and they got a palm print on that can. So I say that a knife, yes, you could superglue it and get a print somewhere or another. Because there's enough oil in a person's body to transfer a palm print or a fingerprint onto any kind of surface.

See supra Chapter 4, note 60 & Figure 8 supra Chapter 6, Figure 15; infra Chapter 17, Figure 42; see also 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. . . . 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.");

Rebecca Averbeck, Super Glue to the Rescue, Law Enforcement Tech., Aug. 1998, available at http://www.detectoprint.com/article.htm (last visited Feb. 5, 2012) ("Unlike a fingerprint brush that can wipe away a print, super glue fuming is a technique that generally won't alter or destroy prints. Fuming also can preserve fingerprints on some surfaces, like vinyl, that otherwise would absorb fingerprint residue in a matter of hours or days.").

Chapter 10
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