HRLR
Los Tocayos Carlos
Chapter 13
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All Chapter 13 Footnotes

"They did a good job of working everybody up," Boudrie said, "playing the tape as many times as they could get away with. Saying somebody's got to pay, here's the guy, let's put him away, let's put him to death."159

"I think that's the attitude everybody had," she said.160 "Everybody was kind of on the bandwagon."161

* * * * *

Right after the tape ended, the State rested its case,162 and Judge Moore sent the jurors home for the evening.163 They had the whole night to think about Wanda's last sentient moments.

"I had nightmares about it for a long time," Shirley Bradley, a juror in the case, told Chicago Tribune reporters in 2005. "That tape had a shock-value on us . . . . It was a clear-cut case."164

* * * * *

But even then, at the end of the state's case, Boudrie herself wasn't certain the prosecutors had sealed DeLuna's fate. She remembered thinking that she "wouldn't want to be on the jury to decide this. He was hiding nearby, and he was identified by one or two witnesses who saw him for a fraction, for one or two seconds. What they had was great, titillating, sensational evidence, but they didn't have a lot on Carlos."165

* * * * *

Wayne Waychoff was the first witness for the defense. Waychoff owned a paving company that employed Carlos's step-father Blas Avalos. At Blas's request, Waychoff had hired Carlos as well when he made parole in mid-January 1983.166

Waychoff's testimony put enough money in DeLuna's pocket during the week preceding the Shamrock killing to more than cover the $149 found there at the time of the young man's arrest. Between January 28 and February 4, the day Wanda Lopez was stabbed, Waychoff paid Carlos just over $206 in wages, including $135 on the day Wanda was murdered.167 Waychoff noted that there was a lag between paychecks and work performed, so as of February 4, he owed Carlos an additional $77 for work done earlier that week.168

Waychoff's testimony kicked off a chronology of DeLuna's day on February 4. The eighth of an inch of rain that fell that day in Corpus169 had started just before 11:00 a.m., so Waychoff sent Carlos's concrete-laying crew home early.170 A co-worker, Daniel Fino, testified that he and Carlos had immediately cashed their paychecks and gone over to Blas's house to drink some beer Carlos had bought.171

Blas himself then testified that Carlos was living and eating at home and hitched a ride with his stepfather to and from work, so the young man had no big expenses in his first month back from prison.172 Although Blas didn't put it quite this way, he indirectly disclosed that he even kept the household well-stocked with the one discretionary product in which DeLuna did indulge: beer.

Testifying through an interpreter,173 DeLuna's alcoholic step-father174 explained to the jury that between dropping Carlos off at the skating rink at about 7:00 on the evening of February 4 and receiving a call from him at 8:00 or a little later asking for a ride home, he had gotten too drunk to drive.175 His wife didn't like to drive at night,176 and they knew Carlos had money in his pocket, so they told him to take a taxicab home.177

Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:09:52–02:10:16 ("They did a good job of working everybody up, putting on all this evidence, bringing all these people in, playing the tape as many times as they could get away with. Saying somebody's got to pay, here's the guy, let's put him away, let's put him to death. I think that's the attitude everybody had.").

See supra note 159.

Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:11:29–02:12:30 ("I think everybody got caught up in it. This is a horrible crime, he must be horrible person, so let's convict him and go on to the punishment phase. Everybody was kind of on the bandwagon, so to speak.").

Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 385 ("(At this time the playing of SX–2 [the 911 tape] was concluded and the following proceedings were had.) Mr. Schiwetz: The State rests, Your Honor.").

Compare Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 385 ("At this time the playing of SX–2 [the 911 tape] was concluded . . . .")

with Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 385 ("The Court: All right, fine. I'm going to excuse you [the jurors], then, until 9:00 o'clock tomorrow morning. See you back here at that time.").

Steve Mills & Maurice Possley, A Phantom, or the Killer?, A Prosecutor Said Carlos Hernandez Didn't Exist. But He Did, and His MO Fit the Crime, Second of Three Parts,Chi. Trib., June 26, 2006, at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-2-story,0,302882.htmlstory.

Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:09:52–02:11:29 ("But I remember I wouldn't want to be on the jury to decide this. He was hiding nearby, and he was identified by one or two witnesses who saw him for a fraction, for one or two seconds. What they had was great, titillating, sensational evidence [referring to the 911 recording], but they didn't have a lot for Carlos.").

Wayne Waychoff, Employer of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 388–89 (testifying that he had employed Blas Avalos for six years and Carlos DeLuna since January 18 or 19 of that year);

see Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 410–11:

Q. Back on February the 4th, 1983, were you working for Triarch Corporation?

A. Yes, sir, I was.

Q. And how were you able to get that job?

A. By my father, stepfather.

Q. And what's his name?

A. Blas Avalos.

Q. And prior to getting that job, where had you been? . . .

A. I was in prison, sir. . . .

Q. From the time of your release or at the time of your release, where did you go?

A. Home, sir, to my stepfather's house, 2046 Rockford.

Q. And was it after that that you were able to get a job?

A. After that, sir, yes, sir.

Blas Avalos, Carlos DeLuna's Stepfather, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 403 (testifying that he helped his stepson Carlos DeLuna secure employment with Waychoff's company);

see supra Chapter 5, note 80 and accompanying text (discussing DeLuna's receipt of parole in early January 1983).

Wayne Waychoff, Employer of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 390–92 (testifying that DeLuna's hourly wage was $3.75, and that he had worked for the company between mid-January and Friday, February 4, 1983, and during the pay period ending January 28, Carlos had worked forty-two and one-half hours for which he was paid $135 on the day of the incident, Friday, February 4, 1983; on the preceding Friday, January 28, Waychoff had paid DeLuna $71.03 for his first few days on the job).

Wayne Waychoff, Employer of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 391:

A. [DeLuna] had 20 and a half hours—excuse me. This is for the pay period ending February the 8th [the Tuesday after the February 4, 1983 Shamrock Station incident], our pay period starts on Wednesday and ends on Tuesday and we pay on a Friday, so for his last week [of work, from Wednesday February 2 to Friday February 4, 1983] he had 20 and a half hours and for the week prior to that pay day [i.e., for the week from Wednesday January 26 to Tuesday February 1, 1983] he had 42 and half hours. . . .

Q. And that would have been at the rate of three seventy-five an hour?

A. Yes.

See supra note 45 and accompanying text; supra Chapter 3, notes 35–36 and accompanying text; supra Chapter 10, notes 77–79 and accompanying text & Figure 24.

Wayne Waychoff, Employer of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 395–96 ("Q. Mr. Waychoff, do your records there indicate what time the Defendant got off on this particular date? A. Yes, sir, they do. Q. On February 4th? A. He worked from 7:30 a.m. to 11:00 a.m. . . . Q. Okay. Do you remember whether it rained that day or not? A. Yes, sir, it did. Q. Is that why he got off so early? A. Yes, sir.").

Daniel Fino, Coworker of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 397–400;

see Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 413–14:

Q. What did you do [after getting paid], if anything? . . .

A. Well, I got my pay check, sir, and I asked Danny Fino to take me to cash my check and Ramiro.

Q. And did y'all go cash the check?

A. We did. . . .

Q. Do you recall what you did after you cashed your check?

A. Yes, we went to the Shamrock gas station on Horne Road and Greenwood.

Q. What did you do there?

A. We bought a twelve-pack of Miller Beer. . . .

Q. What happened after you bought the twelve-pack of Miller Beer?

A. I gave one each and I had one, we went home to my house, 2046 Rockford, got there and I gave them another one and got off at home.

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 404, 406 (noting that he and Carlos DeLuna went to work together on the morning of February 4);

see Carlos DeLuna, Defendant in Killing of Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 411–15:

Q. From the time of your release [from prison on parole] or at the time of your release, where did you go?

A. Home, sir. To my stepfather's house, 2046 Rockford.

Q. Now, on that—do you recall the events of February the 4th, 1983?

A. I do.

Q. Did you go to work that morning?

A. I did.

Q. Who did you go to work with?

A. For Triarch Corporation, sir.

Q. Yeah, but who did you go to work with?

A. Oh, my stepfather.

Q. Does he own a car or something?

A. Yes, sir, he does.

Q. Do you own a car?

A. No, sir. . . .

Q. What happened then after Whataburger [on the afternoon of February 4, 1983]?

A. We came back home to my house.

Q. Did you do anything at your house?

A. I went inside, took a shower, changed, was sitting down and my stepfather asked me if I wanted to go to Kroger's [Supermarket] with him.

Q. Did you go to Kroger's?

A. I did.

Q. Who went to Kroger's?

A. Me, my stepfather and my mother.

Cf. Wayne Waychoff, Employer of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 396 (answering cross-examination question about whether DeLuna subscribed to a service that provided workers with uniforms, rather than using his own clothes for the "dirty" work of laying concrete, Waychoff said he did not know whether DeLuna was paying for that service).

See 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 402.

See supra Chapter 5, notes 30–31, 82 and accompanying text.

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 407 ("Q. Did you, in fact, go and pick up Carlos? A. No, I told him—I told my wife to tell him to take a taxi to come home because I was drunk.").

See supra Chapter 5, note 83 and accompanying text.

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 406–07 ("Q. Okay, so you're saying that Carlos, then, called you sometime, you knew that it was sometime between 8:00 and 8:15. A. Yes, sir. . . . Q. Did you, in fact, go and pick up Carlos? A. No, I told him—I told my wife to tell him to take a taxi to come home because I was drunk.").

Chapter 13
Page: 11 of 23