HRLR
Los Tocayos Carlos
Chapter 13
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All Chapter 13 Footnotes

Schiwetz was an imposing figure, tall and stout. He made an impression on Karen Boudrie. Although she was new to Corpus and to criminal trials, she remembers being immediately struck by how good he was with the jury.254 Years later, she could barely remember the other lawyers on the case.255 "Steve Schiwetz just really stands out," she recalled. And "not just because of his stature."256 "I remember feeling that this guy was good. He's going to win his case, he's got everybody believing this."257 He was "captivating, he told a good story. He made you want to believe him."258

* * * * *

Schiwetz began by asking DeLuna whether he'd ever told anyone anything different from what he told the jury.259 He then showed that DeLuna had done just that by telling Dr. Plaisted and Dr. Kutnick that he couldn't remember what had happened on the night of Wanda Lopez's murder.260

When Schiwetz asked Carlos whether he knew a man named "Gilbert Garcia," Carlos said he did not.261 Moments later, DeLuna recalled telephoning his parole officer, Gilbert Garcia, soon after he was arrested.262

Next, Schiwetz asked permission to leave the courtroom, returning moments later with Mary Ann Perales.263 Answering Schiwetz's questions, Carlos identified her as the Mary Ann he had spent fifteen or twenty minutes with on the night of the incident.264 Before that, Carlos said, he had last seen Mary Ann "[b]ack in '78, '79, I would say."265

The charismatic prosecutor then made a show of asking Carlos to compare his recollection of Mary Ann years earlier in 1979 to what she looked like in the courtroom that day. "Has she changed much?" he asked. No, Carlos answered, she was "[j]ust the same."266 Schiwetz never asked Carlos about Mary Ann's appearance on the night of the incident, or asked him to compare her appearance that night to how she looked in 1979, or to how she looked in the courtroom.

The prosecutor pressed DeLuna about where he met Carlos Hernandez ("with my brother at a dance and we started meeting each other a little better"),267 where Hernandez lived ("at one time . . . over by the city Bakery on 19th Street"—a location not far from Carlos Hernandez's known residences),268 if he was aware of all the efforts "made by the State of Texas to locate Carlos Hernandez" (only what his lawyer had told him),269 whether he told his lawyers everything he knew about Carlos Hernandez so they could locate him ("I did"—perhaps his biggest fib),270 and whether Hernandez had ever been arrested in Corpus ("I thought he had but I'm not too sure").271

DeLuna told Schiwetz that he had no bank account and always kept cash in his front pocket, where officer Schauer had found the $149. Carlos said he had thirty-five dollars left over from his prior pay check when he cashed his $135 paycheck on February 4—minus what he spent on a twelve-pack of beer on his way home from work, a Whataburger later that day, and a beer at Wolfy's.272

De Luna testified that he was a regular at the Casino Club in the late 1970s before going to prison,273 and he repeated his criminal record for the prosecutor and jury.274 Schiwetz concluded by asking DeLuna if he had killed Wanda Lopez. "I didn't kill that girl," DeLuna answered.275

He said he "couldn't kill nobody" or "hurt nobody" unless they tried to hurt him first.276

* * * * *

Mary Ann Perales was the first person called by the State in its "rebuttal."277 The lawyers repeatedly had to tell her to speak up and give her answers over again, a result, perhaps, of the reluctance to testify that Karen Boudrie recalled.278

Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:55:10–02:56:16:

Steve Schiwetz just really stands out, not only because of his stature—he's a big guy—but he was just very animated, very good as far as I was concerned. He was captivating, he told a good story. He made you want to believe him. Second chair, I don't remember, he was second chair. I barely remember Ken [Botary]. I can picture his face. I don't remember having many dealings with him. Steve was always the front man, the one we did the interviews with. I remember feeling that this guy was good, and he's going to win his case, he's got everybody believing this. He got the ball rolling, and it was just going and it seemed to take a life of its own. Just being impressed with Steve Schiwetz.

Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 02:55:10–02:56:16.

See supra note 254.

See supra note 254.

See supra note 254.

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 424 ("Q. [cross-examination by Steve Schiwetz] Mr. De Luna, do you recall ever telling anyone else a version of your—the events you have recounted here today that is inconsistent with what you just told this Jury? A. You mean the same thing I just told them? Q. Do you remember ever telling anybody anything that's different from the story that you told these people? A. No, I don't. Q. You have never done that? A. No, I haven't.").

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 425–426:

Q. Do you remember being taken over to an office over on Alameda and talking to a Doctor Plaisted?

A. I do remember that.

Q. Do you remember telling Mr. Plaisted that you couldn't remember anything about what happened the day that the fall happened?

A. Well, I was scared, sir, because, you know, I knew he was a psychiatrist.

Q. Mr. De Luna, could you just answer the question I asked you. Do you remember telling him that you couldn't remember anything about what had happened?

A. I do.

Q. Okay. You denied knowing anything about it, didn't you?

A. I did.

Q. Do you remember talking on June 14th, 1983 to a psychiatrist named Joel Kutnick?

A. I do.

Q. Okay. Do you remember telling him that you couldn't remember anything?

A. I do remember that.

Cf. infra Chapter 15, notes 104–105 and accompanying text (court pleadings filed three years later explaining that Carlos DeLuna's lawyers advised him prior to talking to the court-appointed psychiatrist and psychologist that he should not provide them with any information, based on his right to remain silence in that context as previously established by the United States Supreme Court, see Estelle v. Smith, 451 U.S. 454 (1981)).

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 424 ("Do you know a man named Gilbert Garcia? A. Gilbert Garcia? Q. Yes, sir. A. No, I don't.").

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 428 ("Q. And you don't even remember ever meeting Gilbert Garcia? A. I don't remember meeting Gilbert Garcia—oh, Gilbert Garcia, now I know who you're talking about. Okay, I'm sorry. Now I know who you're talking about. Q. Do you remember calling Gilbert Garcia? A. February 4th, yes, sir. Q. The day of this killing. A. I do remember calling him that same time.").

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 430.

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 430–31 ("Q. So you claim that you—you claim you were with her for approximately how long that night? A. I would say about 15 minutes, maybe 20. Q. From the time you met her there at the Gulf Skating Rink and y'all went riding around looking for Ronnie Gonzalez—A. No, we didn't go riding around looking for him. We went to the Circle K. Q. You were only with them for about 15 minutes? A. About that.").

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 431.

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 431 ("Q. How long had it been since the last time you had seen her? A. Sir? Q. How long had it been since the last time you had seen her? A. Back in '78, '79, I would say. Q. Has she changed much? A. No, she hasn't. Q. Sir? A. No, she hasn't . . . Q. Just the same? A. Just the same.").

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 433 ("Q. What were the circumstances under which you originally met Carlos Hernandez? A. You mean back then, back when I knew him, first knew him? Q. Yes, sir. A. Well, we used to—oh, I met him with my brother at a dance and we started meeting each other a little better.").

Although the jury may not have understood Carlos's answer in this way, it is likely that he was referring to the Casino Club, where the main activity besides drinking was dancing, and where Carlos and Manuel DeLuna and Carlos Hernandez were frequently present in 1978 and 1979. DeLuna's reference to a "dance" is consistent with the way young Hispanics in Corpus Christi at the time referred to the Casino Club—as if it held a "dance" every night that it was open. See, e.g., supra Chapter 7, note 57 and accompanying text (using the phrase "[w]hen the dance was finished" to refer to the Casino Club's closing time); see also supra Chapter 6, notes 26, 197–201 and accompanying text (discussing the Casino Club connection between Carlos DeLuna and Carlos Hernandez); supra Chapter 13 note 43 and accompanying text.

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 433–34 ("Q. Did you know where [Carlos Hernandez] lived? A. At one time I did. Q. Where was that? A. That was over there by the City Bakery on 19th Street, I think.").

City Bakery was located at 808 South 19th Street in Corpus Christi. 1983 Corpus Christi (Nueces County, Texas) City Directory 113 (1983) (listing "City Bakery & Restaurant (Santiago Rivera)" at "808 S. 19th St." in Corpus Christi).

Known addresses for Carlos Hernandez in the 1980s include 1008 Buford Street, 217 S. Carrizo Street (his mother Fidela's house), 826 Hancock Street, 107 Sam Rankin Street (where he lived with Rosa Anzaldua, one block from where Dahlia Sauceda's van and body were abandoned at the corner of Mexico and Mussett), 714 Seventh Street, 1014 Seventh Street (where he lived with both Cindy Maxwell and Dina Ybañez), and 1201 South Alameda Street, all of which are close to each other and within a mile or so of the City Baker on 19th Street. See Appendix M: Carlos Hernandez Addresses; Employment History, in James S. Liebman, Outline of the DeLuna Investigation (Nov. 5, 2005); DeLuna—New Document Analysis—Players Data Base 6–05, at Rows 156, 158, 219, 363 (entries for Carlos G. Hernandez, Fidela Hernandez, Cynthia Maxwell, Bernadina Ybañez) (Aug. 9, 2005); http://maps.google.com/maps?q=808+South+19th+Street+Corpus+Christi&oe=utf-8&rls=org.mozilla:en-US:official&client=firefox-a&um=1&ie=UTF-8&hq=&hnear=0x86685e48f32c4399:0xa02aec9f6861e6ce,808+S+19th+St,+Corpus+Christi,+TX+78405&gl=us&ei=KZ6-TpWWEOLq0QHWhPzCBA&sa=X&oi=geocode_result&ct=image&resnum=1&ved=0CBwQ8gEwAA (showing the locations of various of these residences within ten to twelve blocks on foot from the City Bakery).

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 432 ("Q. Well, let me ask you this: Do you personally know what efforts, if any, have been made by the State of Texas to locate Carlos Hernandez personally? A. Personally, sir? Q. Yes. A. No, I don't.").

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 434 ("Q. Okay. Have you told your lawyers everything you knew about Carlos Hernandez so that they could try and locate him? A. I did.").

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 434 ("Q. Do you know if Carlos Hernandez has ever been arrested in the city of Corpus Christi? A. . . . I thought he had but I'm not too sure.").

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 435:

Q. Do you have a bank account?

A. Well, not really me. My mother, she put it down, you know, her name and my name supposedly.

Q. How much money did you have on you that particular night? . . .

A. About—I would say about a hundred sixty, hundred sixty-five, sir.

Q. Now, you had been paid a hundred thirty-five earlier in the day; is that right?

A. Yes, sir. Yes, sir.

Q. Gone out and bought a twelve-pack for two dollars and sixty cents?

A. Yes, sir.

Q. And then you had gone out and bought a few dollars worth of hamburger?

A. Right.

Q. That would cut that part down to what, a hundred thirty, something like that?

A. That's right.

Q. And you had 35 extra dollars, too?

A. About that . . . from last week's pay check.

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 420:

Q. Where . . . were you all at when he [Carlos Hernandez] said he had to go to the Shamrock Service Station [to buy something].

A. At Wolfy's.

Q. Were y'all inside or—

A. No, we were outside standing at the door.

Q. And do you know if he went over there.

A. Yes, he did.

Q. What did you do?

A. I . . . went inside Wolfy's, I told him that I would meet him inside.

Q. What did you do inside Wolfy's, if anything?

A. I went in there and I bought a beer and sat down for awhile listening to the music. I stayed there till about—about ten minutes and then I noticed he never came back, sir.

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 437 ("Q. You ever hang out at the Casino Club? A. I do. Q. Were you a regular there? . . . A. I was a regular back in '77, '78.").

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 437–38 ("Q. For the record, you are the same Carlos De Luna who was convicted of the offense of attempted rape back on September 25th, 1980 . . . aren't you? A. That's right. Q. You are the same Carlos De Luna who was convicted . . . for the offense of unauthorized use of a vehicle, are you not? A. Yes, I am.").

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 438 ("Q. But you're telling this Jury the truth. A. I'm telling this Jury the truth. Q. And you didn't kill that girl, did you? A. I didn't kill that girl.").

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) ("Q. And you didn't kill that girl, did you? A. I didn't kill that girl. I couldn't hurt nobody or kill nobody. Q. Are you going to qualify saying you can't hurt anybody? A. Well, I can't say that. Q. You can't say what? A. I can't say that I won't hurt anybody. Q. Why can't you say that? A. Maybe they—maybe they try to hurt me, you know, or something.").

See supra notes 184, 190–192 and accompanying text; supra Chapter 11, notes 182–186 and accompanying text.

Mary Ann Perales, Witness Against Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 450–51 ("Q. Would you please state your name for the Jury, ma'am? A. Mary Ann Perales. Q. You're going to have to speak up some, your voice is real light and I can just barely hear it and you've got to talk loud enough so the last man on the jury panel can hear you, okay?"; "Q. Just a second. Your answer is no? A. No. Q. At any time on that day did you talk to him . . .? A. No. Q. Okay. You're going to have to speak up. A. No.").

Chapter 13
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