HRLR
Los Tocayos Carlos
Chapter 13
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All Chapter 13 Footnotes

Mary Ann said she'd known Carlos DeLuna through his brother back in about 1978279 but hadn't seen him at the skating rink on February 4. "I was attending a baby shower," she said, her voice so quiet that she had to repeat her answer twice.280

The baby shower was for her.281 She produced a picture of herself at the event, visibly pregnant. When questioned on the point by Lawrence, Mary Ann admitted that the photo was not dated and gave the jury "no way of knowing" where she was on February 4.282 Mary Ann said her sister Linda Perales was not at the baby shower with her.283

Then, Schiwetz asked Mary Ann to make the comparison he had not asked DeLuna to make, between her appearance on February 4, 1983 ("fat . . . I was seven months pregnant") and in '78 and '79 (thinner).284 The prosecutor never repeated the question he had asked DeLuna: how her appearance in court that day compared to her appearance in the late 1970s.

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Next, Sergeant Wilson testified that he was not "able to make any kind of comparison" between the poor-quality fingerprints285 Infante had taken from the crime scene and the prints on file from seven Carlos Hernandezes with criminal records.286

That concluded the evidence for both sides.287

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 451 ("A. I have seen him before. Q. When did you know him? A. Well, I went to school with his brother and that was about five years ago.").

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 451 ("Q. I want to direct your attention back to the 4th day of February of 1983 and I want to ask you if you had occasion to meet Mr. De Luna here at the Gulf Bowling Alley or Gulf Skating Rink or someplace like that? A. No. I was attending a baby shower. Q. Just a second. You answer is no? A. No. Q. At any time on that day did you talk to him or run around with him at all? A. No. Q. Okay. You're going to have to speak up. A. No.").

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 452. ("Q. Now do you have any specific memory on what you were doing on the 4th day of February, 1983, in the evening hours, say, around 7:00 or 8:00 o'clock? A. Well, my baby shower started at—at 7:00 o'clock and, well, I was attending my baby shower and it ended about 10:00 . . . . Q. Okay. What was it a picture of? A. My baby shower. It was in the little book, a baby's book.").

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 454 ("Q. [T]here's nothing marked on [the photograph] that indicates that this picture was actually taken on February the 4th; is that correct? A. No, but you—I have witnesses. Q. You didn't take this picture yourself of yourself. A. No, my mother did. Q. So we have no way of knowing if, in fact, this was, other than just what you're saying that this was taken on February the 4th, 1983. A. Well, that's all I have.").

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 455 ("Q. Do you have a sister? A. Yes, she wasn't [at the shower], though.").

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 451–52 ("Q. Alright, well, let me ask you this: Was there anything different in your appearance back on February the 4th from the way you appeared three or four or five years ago when you knew this Defendant? A. Well, fat. Q. Okay, why were you fat? A. I was seven months pregnant.").

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 459 ("Q. Were you able to make any kind of comparison with [the fingerprints]? A. No, sir, I was not.");

supra notes 71–72 and accompanying text; supra Chapter 10, notes 169–171 and accompanying text; supra Chapter 12, notes 7–8 and accompanying text.

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 458–59:

Q. At my request, did you attempt to make some comparisons between the latent fingerprints lifted by Sergeant Infante and some other—some people with another name?

A. Yes, sir, I did.

Q. And what was that other name?

A. Carlos Hernandez.

Q. And when did you try and make those comparisons?

A. About four days ago.

Q. And at that time were you able to pull out any fingerprint cards over at the Corpus Christi Police Department which matched the name Carlos Hernandez?

A. Yes, sir, I did.

Q. And between what ages did you pull those cards?

A. Between the age of 20 and 30.

Q. And how many cards did you find with the names Carlos—different defendants with the name Carlos Hernandez?

A. Seven.

Q. Did you attempt to make comparisons between the fingerprints of the known fingerprints of different Carlos Hernandezes and the fingerprints which were found, those partial fingerprints which were found on the door at the Sigmor Station?

A. Yes, I did.

Q. Were you able to make any kind of comparison with them?

A. No, sir, I was not.

Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983) at 468 ("Mr. Schiwetz: The State rests. The Court: All right. Anything else from the Defense? Both sides close? Mr. Schiwetz: The State closes. Mr. Lawrence: Defense closes. Mr. De Pena: Defense closes.").

Chapter 13
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