HRLR
Los Tocayos Carlos
Chapter 11
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All Chapter 11 Footnotes

De Peña worked on the case for five days—Monday, February 28th to Friday, March 4th, 1983. He requested and examined police reports and evidence.55 He met with Carlos once or twice, the last or only time being on Tuesday March 1st.56

The results baffled the inexperienced lawyer. From the police reports, he knew that George Aguirre and Kevan Baker were prepared to say Carlos was the man Aguirre saw outside the Sigmor with a knife57 and the man Baker saw grappling with the bloody victim before throwing her down and rushing out of the store.58 He also knew that his shirtless client was arrested nearby underneath a pick-up truck.59

From DeLuna, he heard a different message, the same one the young man had given to the arresting officer60 and then or later had repeated to his family61 and girlfriend,62 the prosecutors,63 the jury,64 news reporters,65 a prison pastor66 and anyone else who would listen. He did not kill Wanda Lopez.67

What brought De Peña up short was what Carlos said about who did kill the store clerk.

At first, DeLuna claimed that he didn't know who killed the store clerk.68 Then, he admitted he did know. He'd seen another man commit the crime, someone he knew.69 But he wouldn't provide a name because it was suicide to rat the man out. "'I'm dead whether I'm out [of jail] or in if I identify him,'" DeLuna told his lawyer.70

"I believe [Carlos] was truthfully afraid of this individual," De Peña explained to the investigators years later. "He felt this individual had [the] ability to see that he was silenced" if he ever talked or revealed a name.71

No matter how hard De Peña pleaded, Carlos wouldn't give up a name.72

* * * * *

De Peña came away convinced, but stumped.73 After "working with this young man for the period of time that [I] did," De Peña said, "I didn't feel he was capable of killing someone."74 "I honestly believe to this day that Carlos didn't do it"75 and that "his friend killed her."76

But De Peña was in a bind after only a week of work. If his client had said, "I'm innocent, and here's what I was doing at the time," De Peña could've tried to prove it. And if he couldn't prove it, he could come back to his client to say his story didn't check out and he'd be a fool to try to snow a jury with it.

If his client had not denied any involvement, De Peña could have searched for a legal excuse to lessen the crime or "mitigating factors" to justify a lower sentence. More likely, he would've worked out a deal for Carlos to plead guilty in return for a life sentence.

In fact, prosecutor Schiwetz came to De Peña before trial—and again during the trial—with an offer to withdraw the request for a death sentence if Carlos would plead guilty.77 "[T]hroughout this thing," De Peña said, Steve Schiwetz "tried real hard to get my client to accept a life sentence rather than the possibility of the death penalty." De Peña thought that twenty-year-old DeLuna's tender age weighed on the prosecutor.78

But Carlos refused a deal.79 He was adamant that he was not involved in the girl's killing, De Peña explained. He was adamant that he was not guilty, and he wanted his day in court.80

See Mot. for Discovery and Inspection of Evidence, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. Feb. 25, 1983);

Mot. to Produce Exculpatory and Mitigating Evidence, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. Feb. 25, 1983).

Although both motions are dated February 25, 1983, a Friday, the court clerk's records indicate that the motions were not formally filed until Monday, February 28, 1983. See Texas v. DeLuna Docket, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. Feb. 17, 1983) at 1;

Letter from Jack Hunter, Acting District Attorney, to Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna (Feb. 28, 1983) (noting that De Peña came to Hunter's office that day to review statements of witnesses to the events of the evening of February 4, 1983, and enclosing the autopsy report on Wanda Lopez and indictment of Carlos DeLuna, the originals of both of which De Peña also had reviewed in Hunter's office that day);

Letter from Jack Hunter, Acting District Attorney, to Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna (Mar. 4, 1983) (enclosing copies of Wanda Lopez's medical records on the night of the stabbing, latent fingerprints found at the crime scene, Carlos DeLuna's arrest and rap sheets, and the photographs used in photographic line-up shown to witnesses John and Julie Arsuaga, the originals of all of which De Peña had viewed in Hunter's office that day.).

On March 16, 1983, De Peña was again summoned to the prosecutor's office to look at additional police records. See Letter from Jack Hunter, Acting District Attorney, to Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna (Mar. 16, 1983) (enclosing witness statements of George Aguirre, Jesus Escochea, Jr., John Arsuaga, and Kevan Baker, which De Peña had viewed in Hunter's office that day.).

Def.'s First Mot. for Continuance, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 10, 1983) at 1 (stating, in motion signed by counsel, that between February 7, 1983 and June 10, 1983, De Peña visited DeLuna only once, on March 1, 1983);

see Tr. of Pretrial Hr'g at 14, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 10, 1983) at 14–15, 18:

Q. [By Judge Wallace C. Moore] Now, is it correct that you have not been by to see [DeLuna] since March 1st, 1983?

A. [By De Peña] I saw the Defendant, I think probably the record would bear out through the card, where I think I visited with him twice during the initial period of my appointment.

Q. Well, when would that be?

A. [By De Peña] I don't have the exact date.

A. [By Judge Moore] February the 7th, according to this, was your appointment date.

Q. [By prosecutor Schiwetz] You visited with him twice right after you were appointed?

A. Right

Q. [By Judge Wallace C. Moore] Is it correct when the Defendant asserts that you didn't visit him between March the 1st and the present time?"

A. [By De Peña] That is correct.

See George Aguirre, Witness to Events Outside Shamrock Gas Station, Statement to Corpus Christi Police Dep't (Feb. 24, 1983) (stating that, after police took him over to the squad car, "I did positively identify that man as the same one I seen just a short while before . . . having a knife; however now he did not have a shirt on.").

See Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep't (Feb. 4, 1983) (stating that "I positively identified him as same the man I seen [sic] fighting with the lady inside the Shamrock").

See supra Chapter 2, notes 249–257.

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 109–14 (noting that shortly after being arrested, DeLuna "repeatedly asked to speak to—to talk to a sergeant. He kept saying, 'Hey, man, you take care of me and I'll take care of you.' He kept saying that quite often. And at least one time he said, 'I didn't do it, but I know who did do it. I know who did do it.' . . . Kept saying those things over and over.").

Blas Avalos, Stepfather of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 408 (describing Carlos DeLuna's conversation with his parents the night of his arrest, in which he told them, "that he was being accused of a thing he had not done.");

Transcribed Videotape Interview with Vicky Gutierrez, Half-Sister of Carlos DeLuna, in Garland, Texas (Feb. 27, 2005) at 00:23:17–00:23:52 (Carlos "was always saying he didn't do it. That they were going to execute him. That's all he would say, he said that he didn't do it.");

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:32:36–20:33:28:

He [Carlos] told me he didn't do it. I asked him, "Carlos, did you do this?" I asked him when he was in Death Row. I asked him, "Did you do this?" He said, "No, I didn't do it. If you would just go to Corpus, this is where this guy lives. His name is Carlos Hernandez. He committed the crime." Manuel, my older brother, knows this Carlos Hernandez. I kept saying that over and over to the attorney [representing Carlos DeLuna], I kept saying that over and over, and they were saying that that was a lie, there was no Carlos Hernandez, that they hired private investigators. There was no Carlos Hernandez, it was a made-up name, there's no such thing.

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:48:24–20:49:41 ("At the end, Carlos . . . said, 'Whatever happens, happens. But I did not commit this crime. I want you to know that.' I told him, 'Oh, I know that.' I just did not know how to help him. I didn't know. I didn't know what to do.");

infra Chapter 5, note 101 and accompanying text; infra Chapter 15, notes 82–86, 184 and accompanying text; infra Chapter 16, notes 162–167 and accompanying text.

Transcribed Videotape Interview with Rosie Esquivel, Girlfriend of Carlos DeLuna While He Was on Death Row, in Garland, Texas (Feb. 27, 2005) at 23:41:58 ("When I asked him if he did kill—I asked Carlos DeLuna if he did kill the girl, and . . . he said no.");

Peso Chavez's Notes on Interview with Rosie Esquivel, Girlfriend of Carlos DeLuna While He Was on Death Row (Aug. 18, 2004) at 102:

Between the letter writing [Carlos DeLuna and Rosie Esquivel exchanged hundreds of letters] and several personal visits Ms. Esquivel was of the opinion that Carlos DeLuna did not kill the person he was convicted of [killing]. She bas[e]s her opinion on a number of factors including statements Carlos made to her. She stated, 'Carlos never liked talking about what had happened—he would rather look to the future. But he told me on numerous occasions that he did not kill the women and that it was another Carlos—I think Hernandez. He said he was not involved in anyway. When he told me this I believed him—it was the way he looked at me when he told me. He sounded sincere and truthful. The only other thing he told me was that he ran when he saw the cops and that they found him hiding under a car.

See infra notes 77–78 and accompanying text.

See infra Chapter 13, notes 218–220 and accompanying text.

See Karen Boudrie, Report(NewsWatch 10 broadcast) (interviewing Carlos DeLuna on Death Row: "[by DeLuna] I was standing there when somebody else did what they did, you know. But I won't name no names. I already named names, and the court. . . . And the case is due to appear and I won't name names no more.");

Linda Carrico, DeLuna Is Scheduled to Be Executed Tomorrow, Corpus Christi Caller-Times, Oct. 14, 1986, at B1 ("DeLuna, now 24, maintains he is innocent . . . . In a Caller interview, DeLuna said he was arrested because he was in the area and authorities needed a suspect. DeLuna claimed he was across the street and saw the killing, but walked away without reporting what he saw. 'I knew since I had been convicted before in Dallas County they would pin this one on me,' DeLuna said.");

Full Court Denies Stay of Execution: DeLuna Scheduled to Die, UPI, Oct. 10, 1986 ("DeLuna [in an interview with the reporter] denies that he killed the woman saying another man wielded the knife. But investigators have been unable to find the man DeLuna says was responsible.");

Frank Klimko, State Appeals Court Refuses to Block Texan's Execution, Hous. Chron., Oct. 14, 1986, at 14 ("DeLuna claims another person killed Lopez and that he was not in the service station at the time of the crime.");

Linda Carrico, Death Row Inmate Misses Appointment with Death, Corpus Christi Caller-Times, Oct. 15, 1986 (on file with author) (reporting that DeLuna "received word of his stay [of execution] while visiting with family members, prison officials said. DeLuna continues to maintain his innocence. Since his trial, DeLuna has claimed he saw another man kill the store clerk."); David Teece, Judge Lifts Stay of Execution for DeLuna, Corpus Christi Caller-Times, July 20, 1988 ("DeLuna has continued to maintain that he is innocent in Lopez's murder, claiming the assailant was actually a friend of his named Carlos Hernandez.");

Cindy Tumiel, Convicted Killer Executed After Courts Reject Appeals, Corpus Christi Caller-Times, Dec. 7, 1989, at B1 ("DeLuna continued to maintain his innocence, claiming that the murder was committed by a friend named Carlos Hernandez.");

Kathy Fair, DeLuna Waits for Execution in '83 Murder, Hous. Chron., Dec. 7, 1989, at 36A (reporting that DeLuna claimed "someone else robbed and murdered Lopez.");

see also Texas Dep't of Criminal Justice, Crime Summary for Carlos DeLuna (July 26, 1983) at 2 (reporting that "DeLuna contended that another person killed and that he ran so he would not be implicated.");

Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas-Forth Worth (Feb. 28, 2005) at 03:37:42 ("When I heard that Carlos Hernandez might actually have committed this crime, that he might have told people, that this story might have been true, I was just floored. Absolutely floored that Carlos had been saying this [same thing] all along and nobody really believed him.");

James S. Liebman's Notes on Interview with Linda Carrico, Reporter for Corpus Christi Caller-Times (Sept. 2004) at 1 (describing what Carlos DeLuna told her when she interviewed him on death row: "He told me it was strictly a case of mistaken identity. He said: 'He [the actual killer] looked like me, same height and weight.'");

see infra Chapter 15, notes 20–21, 28, 122–125, 312–318, 325–327.

See infra Chapter 16, notes 181–192 and accompanying text.

Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 12:08:54–12:14:43 ("Q. Did Carlos DeLuna ever indicate to you that he was inside that store, had anything to do with the killing of that woman? A. No, the closest he put himself was that he was . . . at one of these . . . topless bars places waiting for Carlos [Hernandez] to go across the street to the Shamrock and buy some cigarettes or something. Q. So, as far as he told you, he had nothing to do with any part of any criminal event? A. Correct. . . . He was adamant that he was not guilty and he wanted his day in court. . . . He was adamant that he was not involved in the girl's killing. . . . [H]e put himself across the street [at Wolfy's], but that was the closest he . . . put himself [to the crime].");

see also James S. Liebman's Notes on Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna (Dec. 3, 2004) at 2 ("To this day, I can't tell you if he [Carlos DeLuna] did it [killed the victim]; my opinion is that his friend killed her.").

Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 12:01:48–12:03:00 ("[W]hen we first discussed this with [De Luna] he had indicated that he was not anywhere near the premises [where the crime occurred], that he had been at a bowling alley with a girl.").

Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 12:14:43–12:18:00:

Q. When we spoke last time, you told me, as I got it down in my notes, and let's see if I got it correct, "To this day, I can't tell you if he, Carlos DeLuna, killed the victim. My opinion is that his friend killed her." Is that a fair—

A. That is a fair statement.

Q. . . . I also took down these notes on something we just went over, you said, at least as I got it, "Carlos DeLuna was very definitely scared of Carlos Hernandez. He said, 'I'm dead whether I'm out or in if I identify him,' meaning"—

A. Carlos Hernandez.

Q. Carlos Hernandez. "I pleaded with Carlos DeLuna to give me something to go on. He said he knew but he wouldn't give us the name. I prevailed upon him to give us the name but nothing else." Is that, did I get that correct?

A. Yes, that's correct . . . . I was always of the opinion that I did not believe that Carlos DeLuna actually murdered this lady. That was the reason I felt very much of an advocate on his behalf when we tried the case. But I, based on my piecing of the evidence together, that's why I felt that this Carlos Hernandez was the one that ultimately killed the girl. And, in working with this young man, for the period of time that we worked with him, I just didn't feel like he was—You know, he may have been capable of doing stuff like stealing cars—and possibly, you know, scaring old women, as it turned out in the trial—but I just didn't think he was, I didn't feel he was capable of killing someone. That's my subjective feeling, not necessarily an objective finding.

Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 12:42:40–12:44:15 ("As I said, it was a very difficult case to put a defense together simply because our client never would come across with a full disclosure when we first started out. I think, of course, a lot of it had to do with his fear of Carlos Hernandez in the case.").

Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 12:08:54–12:10:13, 12:14:43–12:18:00 ("I think he was, in all honesty, I believe he was truthfully afraid of this individual [Carlos Hernandez], or of whatever ability he felt this individual may have had in influencing his future, so to speak. He [Carlos DeLuna] said, 'I'm dead whether I'm out or in if I identify him.'");

James S. Liebman's Notes on Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna (Dec. 3, 2004) at 4 ("CDL [Carlos DeLuna] was 'very definitely scared of Carlos Hernandez.' He said, 'I'm dead whether I'm out or in if I identify him.' HDP [Hector De Peña] says, 'I pleaded with CDL to give me something to go on. He said he knew, but he wouldn't give us the name.'").

Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 12:06:40–12:07:55, 12:08:54–12:10:13;

see also James S. Liebman's Notes on Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna (Dec. 3, 2004) at 1–2, 4 ("To this day, I can't tell you if he [CDL] did it [killed the victim]; my opinion is that his friend killed her. . . . [Carlos DeLuna] Said, if he gave the name, 'I'd be as dead on the street' as he would be if he didn't give the name and got executed."; "CDL [Carlos DeLuna] was 'very definitely scared of Carlos Hernandez.' He said, 'I'm dead whether I'm out or in if I identify him.' HDP [Hector De Peña] says, 'I pleaded with CDL to give me something to go on. He said he knew, but he wouldn't give us the name.'").

Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 12:06:40–12:07:55, 12:14:43–12:18:00, 12:19:07–12:19:12 (noting that DeLuna "would not reveal the name, basically indicating to us, ultimately, that if he did reveal it he wouldn't be safe either outside the penitentiary or in the penitentiary. Basically, whatever influence or whatever he knew about this individual, apparently he felt this individual had enough ability to see that he was silenced either outside prison or within prison if he talked or revealed his name."; "I pleaded with Carlos DeLuna to give me something to go on. He said he knew but he wouldn't give us the name."; "Q. [W]ould you tell me why you felt that he took that position? A. Basically, because he felt that he was dead, in or out, if he put the bite on Mr. Hernandez.");

James S. Liebman's Notes on Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna (Dec. 3, 2004) at 4 ("CDL [Carlos DeLuna] was 'very definitely scared of Carlos Hernandez.' He said, 'I'm dead whether I'm out or in if I identify him.' HDP [Hector De Peña] says, 'I pleaded with CDL to give me something to go on. He said he knew, but he wouldn't give us the name.'").

Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 12:42:40–12:44:15 ("As I said, it was a very difficult case to put a defense together simply because our client never would come across with a full disclosure when we first started out. I think, of course, a lot of it had to do with his fear of Carlos Hernandez in the case.").

Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 12:14:43–12:18:00:

Q. When we spoke last time, you told me, as I got it down in my notes, and let's see if I got it correct, "To this day, I can't tell you if he, Carlos DeLuna, killed the victim. My opinion is that his friend killed her." Is that a fair—

A. That is a fair statement. . . . I was always of the opinion that I did not believe that Carlos DeLuna actually murdered this lady. That was the reason I felt very much of an advocate on his behalf when we tried the case. But I, based on my piecing of the evidence together, that's why I felt that this [friend] was the one that ultimately killed the girl. And, in working with this young man, for the period of time that we worked with him, I just didn't feel like he was—You know, he may have been capable of doing stuff like stealing cars—and possibly, you know, scaring old women, as it turned out in the trial—but I just didn't think he was, I didn't feel he was capable of killing someone. That's my subjective feeling, not necessarily an objective finding.

Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 12:14:43–12:18:00;

James S. Liebman's Notes on Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna (Dec. 3, 2004) at 5 ("I honestly believe to this day that Carlos didn't do it.").

Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 12:14:43–12:18:00 ("My opinion is that his friend killed her. . . . . I felt that this [friend] was the one that ultimately killed the girl.").

Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 2:11:14–12:14:43:

Q. Did Carlos DeLuna have it in his power at any point along the way to avoid being executed and instead spend time in prison?

A. To the best of my recollection, as I try and remember things, I recall that one of the prosecutors—because there was two prosecutors that were involved, that represented the state, there was a gentleman by the name of K[en] Botary and a young man by the name of Steve Schiwetz, both of them at that time being—think Mr. Schiwetz was probably, he wasn't lead counsel for the state, but he, apparently, did [offer a plea to a life sentence], prior to the time that we actually went to trial—and I believe, even before the jury came back [during the trial]—made an offer that if Carlos went ahead and pled, that he would recommend only a life sentence.

Q. And what did Carlos DeLuna tell you about—

A. He was adamant that he was not guilty and he wanted his day in court. And, in fact, if I recall correctly, although I don't know whether it would still be available, I know we actually had him sign an affidavit indicating that we had been offered a plea agreement of life in prison in return for his plea of guilty, and that he had refused it.

Q. And that was because he told you "I'm innocent"?

A. He was adamant that he was not involved in the girl's killing.

James S. Liebman's Notes on Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna (Dec. 3, 2004) at 3 ("Prosecutor Steve Schiwetz offered CDL [Carlos DeLuna] life, and he (CDL) wouldn't take it because he was innocent. He wouldn't take the plea. 'I'm innocent; I don't want to take the plea.' That was his (CDL's) mindset. I didn't believe he anticipated [that an innocent person could be convicted].").

Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 12:26:05–12:26:49 ("Mr. Schiwetz, I think, throughout this thing, because of Carlos's age and despite his record, really tried real hard to get my client to accept a life sentence rather than the possibility of the death penalty. And that's why I say, I think, if I recall correctly, he offered it prior to trial and I believe he even offered if during the course of the trial, while the jury was still out, that if my client agreed to plea he would recommend life rather than the death penalty.");

see Steve Mills & Maurice Possley, 'I Didn't Do It. But I Know Who Did,' Chi. Trib., June 25, 2006, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story?page=5 ("As the trial approached, Nueces County prosecutor Steve Schiwetz offered De Luna the same deal he said he offered other capital murder defendants: plead guilty in exchange for a life sentence. 'I would always be inclined to try to let a person try to save his life,' Schiwetz recalled. But De Luna turned down the deal, insisting he was innocent.");

Kathy Fair, Executed Murderer Asked Forgiveness, Chaplain Says, Hous. Chron. Dec. 8, 1989 (discussing "prosecutor Steve Schiwetz's offer [to DeLuna] of a life sentence in exchange for a guilty plea").

James S. Liebman's Notes on Interview with James Lawrence, Trial and Appellate Lawyer for Carlos DeLuna (Feb. 25, 2005) at 2 ("My client wasn't going to take a deal because he said 'I am innocent.' He told me from the beginning that [he] saw something, heard sirens and cops wouldn't believe him, so he ran.");

see sources cited supra notes 77., 78.

Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 12:42:40–12:44:16 (speculating about DeLuna's "predisposition to believe that they wouldn't find him guilty, that there wouldn't be enough facts to find him guilty in the case. And I think that was one of the reasons he was adamant about having a trial rather than pleading guilty.");

James S. Liebman's Notes on Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna (Dec. 3, 2004) at 3 ("Prosecutor Steve Schiwetz offered CDL life, and he (CDL) wouldn't take it because he was innocent. He wouldn't take the plea. 'I'm innocent; I don't want to take the plea.' That was his (CDL's) mindset. I didn't believe he anticipated [that an innocent person could be convicted].").

Chapter 11
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