HRLR
Los Tocayos Carlos
Chapter 11
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All Chapter 11 Footnotes

Detective Escobedo and three prosecutors—initially a man named Jack Hunter,154 who later turned the case over to Ken Botary and Steven Schiwetz—spent the next five months preparing witnesses, questions, and evidence to prove DeLuna's guilt and shoot down any possible contrary theory. Assisting them were at least twenty-seven different local and state law enforcement officers and evidence technicians who helped prepare the case for trial.155

The process began immediately after the killing, when Escobedo showed John and Julie Arsuaga a set of photos and John identified DeLuna as the man they saw jogging near the Phase Three night club.156 Escobedo also asked for an autopsy of Wanda Lopez by the County Medical Examiner, who collected evidence according to Escobedo's instructions.157

Over the next few days, Escobedo ordered officers to get written statements and evidence from witnesses Baker, Aguirre, John and Julie Arsuaga, police dispatcher Jesse Escochea, Esther Barrera (who first spotted a man under her pick-up truck and watched him run in the direction of the truck where DeLuna was found), and Armando Garcia (whose house was on a bee-line between the trucks and found DeLuna's shirt and shoes in his yard).158

Escobedo also collected written reports from police officers involved in the manhunt and arrest. There was Fowler, who was first on the scene, and also Mejia, who was second and handled the witnesses and BOLOs. Then there were Mylett and Constable Ruben Rivera who helped take DeLuna into custody, and Schauer who led the arrest and drove DeLuna to the gas station, witnessed the show-up identifications, and found $149 rolled up in the suspect's pocket. Last, there was a report from Infante, who photographed the crime scene and helped with the investigation there.159

On Monday, February 7, 1983, Escobedo spent the morning reviewing the police file with prosecutor Jack Hunter,160 who evidently discovered gaps in Escobedo's work. Soon after the meeting, Escobedo ordered subordinates to obtain elimination fingerprints from Wanda Lopez's body (which, however, they failed to do before Lopez was buried).161 She also ordered all of the officers who took part in the arrest and show-up identification to type up new, more detailed reports for the prosecutors to use to make the case against DeLuna.162 Using all the reports and witness statements as references, Escobedo prepared a long memo for the prosecutors, summarizing all aspects of the case against DeLuna.163

Escobedo also let Gilbert Garcia, DeLuna's parole officer, interview the defendant in jail—an effort, possibly, to see if DeLuna would confess to the crime.164 He didn't.

The lead detective worked to get local and state scientists to identify Wanda's blood or fingerprints on Carlos's clothes and on the money found in his pocket.165

At Escobedo's direction, other officers retrieved the audiotape that recorded 911 calls and police radio traffic. They preserved the part of the tape beginning with Wanda's call saying there was a man in the store with a knife and ending when she screamed and her attacker hung up her phone.166

Prosecutor Hunter prepared a criminal complaint against DeLuna, charging him with murder.167 Later in February, he presented the case to a grand jury, allowing him to do a "dry run" of the testimony of police witnesses who would later testify at the actual trial. The grand jury indicted DeLuna for capital murder.168

Beginning in late February and continuing into March, Hunter identified the witness statements and evidence he would let De Peña see and invited him over for a look.169 Throughout March, Hunter collected documents from law enforcement agencies on Carlos DeLuna's run-ins with the law, as well as the ambulance and hospital records on Wanda Lopez's injuries and the futile fight to save her life.170

See, e.g., Application for Subpoena, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. Mar. 10, 1983) (requesting Wanda Lopez's medical records; "Jack E. Hunter" signed as the "Attorney for the State.").

See also supra note 55.

The twenty-seven individuals, in addition to Escobedo, are: (1) Corpus Christi Police employees Alvarado (subpoenaed as a witness); (2) Escochea (police dispatcher during manhunt, prepared witness statement, subpoenaed as witness, assisted prosecutor Schiwetz in preparing for trial, testified); (3) Fowler (first officer at the scene, filed police reports, subpoenaed as a witness, testified); (4) Garrett (recorded witness statements, filed police reports, subpoenaed as a witness, testified); (5) Eddie Garza (reported information to Escobedo about Carlos Hernandez, subpoenaed as a witness, testified for the prosecution about Carlos DeLuna's bad reputation in the community); (6) Glorfield (one of officers in charge at the Sigmor gas station during the manhunt; subpoenaed as a witness); (7) Infante (assisted scene investigation, took photographs, recovered fingerprints, filed reports, subpoenaed as a witness, testified); (8) Klemp (secured the 911 tape, subpoenaed as a witness, testified); (9) Knox (subpoenaed as a witness); (10) McConley (one of officers in charge at the Sigmor gas station during the manhunt; supervised the show-up identification at the scene, subpoenaed as a witness); (11) McCoy (auxiliary officer who was working as Fowler's partner that night, subpoenaed as a witness); (12) Mejia (second officer at scene, filed police reports, subpoenaed as a witness, testified); (13) Mylett (arresting officer, filed police reports, subpoenaed as a witness, testified); (14) Schauer (arresting officer, filed police reports, subpoenaed as a witness, testified); (15) Torres (subpoenaed as a witness); (16) Shedd (obtained DeLuna's clothing found in Armando Garcia's yard, filed police reports, subpoenaed as a witness); (17) Wilson (conducted fingerprint analyses, subpoenaed as a witness, testified); (18) Morales and (19) Leal (attempted to obtain reference fingerprints from the deceased); Department of Public Safety employees (20) Thain (conducted blood analyses, subpoenaed as witness, testified) and (21) Waller (coordinated DPS analyses in the case and reported results to Escobedo in writing); (22) County Medical Examiner Rupp (conducted autopsy, filed report, subpoenaed as witness, testified); (23) Sheriff's Dep't employees Bieniek (subpoenaed as a witness, testified for the prosecution about Carlos DeLuna's reputation in the community); (24) Ernesto Gonzales (observed DeLuna's behavior in jail awaiting trial, subpoenaed to testify, testified); (25) Estella Gonzales (similar); (26) Ruben Rivera (arresting officer, filed police reports, subpoenaed as a witness, testified); and (27) Carolyn Vargas (Ruben Rivera's partner who assisted in arrest, subpoenaed as witness).

See supra Chapter 3, note 102 and accompanying text.

Joseph Rupp, Nueces County Medical Examiner, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 213 ("Q. Did anybody ask you to do fingernail scrapings on [Wanda Lopez]? A. No.");

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 01:32:09–01:32:26 ("A person trying to defend herself, if that's the only weapon that she has, is her nails, should have revealed some kind of scrapings. And if it wasn't done, somebody dropped the ball and didn't do the proper examining on this body.").

See, e.g., Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep't (Feb. 4, 1983) ("I approached the lady coming out the front door. She had blood all over her. She fell into the building and I helped her on down to the ground. All she said was, 'Help me, help me.'");

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

George Aguirre . . . advised in his statement that he was at the Sigmor Station gassing up his van when he was approached by the suspect and asked if he would furnish him with a ride . . . . John Arsuaga . . . advised that he and his wife, Julie . . . were pulling into the parking lot at Phase III also in the 2600 block of SPID and that they both observed a Hispanic male subject running across a vacant lot adjacent to Phase III . . . . Jesus Escochea . . . did answer a call from a female who told him that she was at the Sigmor Station . . . and that she told Escochea that there was a man in the store who was armed with a knife.

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 12, 1983) at 3 ("Barrera advised that it was her truck that the suspect was hiding under.");

M. Shedd, Corpus Christi Police Sergeant, Supplementary Report (Feb. 6, 1983) at 1 ("I contacted Mr. Armando Garcia . . . . This morning at approximately 11 a.m., while cleaning his yard, he found a white shirt, and a pair of track shoes in his yard.").

See, e.g., Steven Fowler, Corpus Christi Police Sergeant, Supplementary Report (Feb. 4, 1983) at 1;

Bruno Mejia, Corpus Christi Police Officer, Supplementary Report (Feb. 4, 1983) at 1–3;

Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 6, 1983) at 1;

Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Undated) at 1–2;

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) at 1–8;

Ruben Rivera, Nueces County Deputy Constable, Supplementary Report (Feb. 7, 1983) at 2.

Olivia Escobedo, Corpus Christi Detective in Wanda Lopez and Dahlia Sauceda Cases, Memorandum on Elimination Prints from Wanda Vargas Lopez (Feb. 8, 1983) (stating that Escobedo spent the morning of February 7, 1983 working on the DeLuna prosecution with prosecutor Jack Hunter).

See supra Chapter 10, notes 196 and accompanying text.

See, e.g., Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Undated) at 9;

Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 8, 1983) at 1;

Ruben Rivera, Nueces County Deputy Constable, Supplementary Report (Feb. 8, 1983) at 1;

Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Feb. 8, 1983) at 2;

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 10, 1983) at 1;

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 12, 1983) at 3;

see Mark Schauer, Corpus Christi Police Officer, Nueces County Deputy Constable, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 139–40 (explaining why details in his testimony were not included in his initial police report and were added in another report after the fact: "She [Escobedo] caught me in the hallway of central records and asked me to—to add everything I could remember, as much as possible to my—to my supplementary [report].").

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) at 1–9;

see Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 10, 1983) at 1;

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 12, 1983) at 1–4.

See Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 10, 1983) at 1 (noting that Gilbert Garcia, DeLuna's State Parole officer, interviewed DeLuna in jail shortly after his arrest for killing Wanda Lopez);

Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 84-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 424–28 (discussing meeting with parole officer Gilbert Garcia shortly after his arrest).

See supra Chapter 10, notes 67–71 and accompanying text, infra Chapter 13, note 81 and accompanying text.

Robert Klemp, Corpus Christi Police Police Lieutenant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 379–80 ("The original tape was placed in [a] file in the file cabinet and I separated it from our normal file tapes for evidence purposes and I made this cassette, this cassette tape off a cassette recorder which reproduced it off the master tape.");

see infra notes 195–200 and accompanying text; infra Chapter 13, notes 150–153 and accompanying text.

See Compl., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. Feb. 7, 1983) (Nueces County Court records compendium at 18) ("[O]ne Carlos DeLuna did then and there intentionally and knowingly cause the death of an individual, Wanda Vargas Lopez, by stabbing Wanda Vargas Lopez with a knife.").

Grand Jury Indictment, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. Feb. 17, 1983).

Letter from Jack Hunter, Acting District Attorney, to Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna (Feb. 28, 1983);

Letter from Jack Hunter, Acting District Attorney, to Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna (Mar. 4, 1983);

see also Letter from Jack Hunter, Acting District Attorney, to Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna (Mar. 16, 1983).

Application for Subpoena Duces Tecum to Dr. Arringdale, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. Feb. 28, 1983) at 1 (ordering Dr. Arringdale to produce medical records on treatment of Wanda Lopez on the night of February 4, 1983 for use in court proceedings);

see also Letter from Jack Hunter, Acting District Attorney, to Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna (Mar. 4, 1983) at 1 (noting that the Nueces County District attorney's office ordered "penitentiary packs" (information about prior convictions and prison incarceration) on Carlos DeLuna);

Letter from Jack Hunter, Acting District Attorney, to Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna (Mar. 16, 1983).

Chapter 11
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