HRLR
Los Tocayos Carlos
Chapter 13
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All Chapter 13 Footnotes

Ending the state's case with Wanda's pleading voice sent a clear message to the jury. Someone had done something terribly, horribly wrong to Wanda Lopez, for no fathomable reason at all. Now, someone needed to pay:

Jesse Escochea: Police Department.

Wanda Lopez: Yes, can you have a officer come to 2602 South Padre Island Drive? I have a suspect with a—a knife inside the store.

Jesse Escochea: What place is this?

Wanda Lopez: Sigmor.

Jesse Escochea: What's he—

Wanda Lopez: Well, he—

Jesse Escochea: What's he doing with the knife?

Wanda Lopez: I don't know, he was outside bumming a ride off of this guy and he just told me right now—he just came inside the store.

Jesse Escochea: Has he threatened you or anything?

Wanda Lopez: Not yet.

Could I help somebody?

Jesse Escochea: What does he look like?

Wanda Lopez: Por que?

Jesse Escochea: What does he look like?

Wanda Lopez: He's a Mexican. He's standing right here at the counter.

Jesse Escochea: Huh?

Wanda Lopez: Can't talk.

Thank you.

Jesse Escochea: Ma'am?

Wanda Lopez: What?

Jesse Escochea: Don't hang up, okay?

Wanda Lopez: Okay.

This? Eighty-five.

Jesse Escochea: Where is he at right now?

Wanda Lopez: Right here.

Jesse Escochea: Is he a white male?

Wanda Lopez: No.

Jesse Escochea: Black?

Wanda Lopez: No.

Jesse Escochea: Hispanic?

Wanda Lopez: Yes.

Jesse Escochea: Tall, short?

Wanda Lopez: Uh-huh.

Jesse Escochea: Tall?

Wanda Lopez: Yeah.

Thank you.

Jesse Escochea: Does he have the knife pulled out?

Wanda Lopez: Not yet.

Jesse Escochea: Is it in his pocket?

Wanda Lopez: Uh-huh.

Jesse Escochea: All right. We'll get you someone over there.

Wanda Lopez: You want it, I'll give—I'll give it to you. I'm not going to do nothing to you. Please.

Jesse Escochea: Hold it, get a unit on a 17 to the Shamrock, 2602 South Padre, you've got an armed robbery going down right now. God, she's [sic] beating the shit out of him [sic]. Okay, hold on.

Second Male Voice: 165—

Second Female Voice: Are you through with your call?

Third Male Voice: 151, police department.

Fourth Male Voice: Hello.

(Unintelligible.)

(At this time the playing of [State Exhibit]–2 was concluded . . . .)154

* * * * *

Trial Tr., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 382–85 ("The following is a transcription of the verbal portions of said cassette tape made by the court reported from the tape at the request of Defendant/Appellant for inclusion in the appellate record.").

There actually are three available transcriptions of this 911 call. All three are discussed below.

The transcription reported in the text is the same as the transcript of the tape prepared by the court reporter at trial and included in the trial transcript with one exception. The trial transcript (quoted just below) does not give names to the speakers, instead referring only to "First Male Voice" and "First Female Voice." In the text, we have provided the names of Wanda Lopez and Jesse Escochea. The 911 call exactly as it was transcribed by the court reporter and included in the trial transcript is as follows:

FIRST MALE VOICE: Police Department.

FIRST FEMALE VOICE: Yes, can you have a officer come to 2602 South Padre Island Drive? I have a suspect with a—a knife inside the store.

FIRST MALE VOICE: What place is this?

FIRST FEMALE VOICE: Sigmor.

FIRST MALE VOICE: What's he—

FIRST FEMALE VOICE: Well, he—

FIRST MALE VOICE: What's he doing with the knife?

FIRST FEMALE VOICE: I don't know, he was outside bumming a ride off of this guy and he just told me right now—he just came inside the store.

FIRST MALE VOICE: Has he threatened you or anything?

FIRST FEMALE VOICE: Not yet. Could I help somebody?

FIRST MALE VOICE: What does he look like?

FIRST FEMALE VOICE: Por que?

FIRST MALE VOICE: What does he look like?

FIRST FEMALE VOICE: He's a Mexican. He's standing right here at the counter.

FIRST MALE VOICE: Huh?

FIRST FEMALE VOICE: Can't talk. Thank you.

FIRST MALE VOICE: Ma'am?

FIRST FEMALE VOICE: What?

FIRST MALE VOICE: Don't hang up, okay?

FIRST FEMALE VOICE: Okay. This? Eighty-five.

FIRST MALE VOICE: Where is he at right now?

FIRST FEMALE VOICE: Right here.

FIRST MALE VOICE: Is he a white male?

FIRST FEMALE VOICE: No.

FIRST MALE VOICE: Black?

FIRST FEMALE VOICE: No.

FIRST MALE VOICE: Hispanic?

FIRST FEMALE VOICE: Yes.

FIRST MALE VOICE: Tall, short?

FIRST FEMALE VOICE: Uh-huh.

FIRST MALE VOICE: Tall?

FIRST FEMALE VOICE: Yeah. Thank you.

FIRST MALE VOICE: Does he have the knife pulled out?

FIRST FEMALE VOICE: Not yet.

FIRST MALE VOICE: Is it in his pocket?

FIRST FEMALE VOICE: Uh-huh.

FIRST MALE VOICE: All right. We'll get you someone over there.

FIRST FEMALE VOICE: You want it, I'll give—I'll give it to you. I'm not going to do nothing to you. Please.

FIRST MALE VOICE: Hold it, get a unit on a 17 to the Shamrock, 2602 South Padre, you've got an armed robbery going down right now. God, she's [sic] beating the shit out of him [sic]. Okay, hold on.")

Trial Tr. of 911 Call, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 382–85.

A second (chronologically earlier) transcript was generated on February 10, 1983, after prosecutor Jack Hunter directed Detective Escobedo to "preserve the master tape on which the conversation between Wanda Lopez and Jesus Escochea was recorded" (which Escobedo reports "has now been preserved") and to provide him with a recording of the call. See Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 10, 1983) at 2.

That same day, a transcription was produced. Copies of that transcription were found during the 2004–05 investigation in both the Corpus Christi Police Department and the District Attorney's files in DeLuna case. The District Attorney's version included a marking indicating that "S", evidently prosecutor Schiwetz, reviewed it on May 2, 1983, and there are handwritten notations on that version. See Tr. of Wanda Lopez's Phone Call to Corpus Christi Police Dep't on Feb. 4, 1983 at 8:09 (Feb. 10, 1983) at 1–3 (version that appears in Corpus Christi Police Dep't records);

Transcript of Wanda Lopez's Phone Call to Corpus Christi Police Dep't on Feb. 4, 1983 at 8:09 (Feb. 10, 1983) at 64 (version that appears in D.A.'s records).

A third transcription of the 911 call was made in the aftermath of the 2004–05 investigation using the Police Dispatch Tape obtained from former Corpus Christi police dispatcher Jesse Escochea in Los Angeles in 2005. See supra Chapter 2, notes 109–115 and accompanying text; supra Chapter 11, notes 102–103 and accompanying text.

Below we have compiled the three transcripts into a single version that indicates the discrepancies between them. This omnibus version uses the transcription of Jesse Escochea's copy of the Manhunt Tape as the baseline, and, in bolded material in brackets, indicates significant differences between that version and the other two. The numbers below (e.g., "00:00:19") indicate the time from the beginning of the Escochea tape in hours, minutes and seconds. The Escochea tape begins with 19 seconds of silence, explaining why the first entry is at "00:00:19." "[?]" indicates something said that is inaudible on the Escochea tape. The indicated discrepancies between the three tapes suggest that the police February 10, 1983 transcription is the most complete and accurate, because it reports fewer inaudible passages. Because the February 10, 1983 transcription was made directly from the master tape, while the other two versions are based on tapes that were first copied from the master tape before they were transcribed, it is not surprising that the February 10, 1983 version is most complete and accurate.

00:00:19

DISPATCHER: Police Department.

WANDA LOPEZ: Yes, can you have an officer come to 2602 South Padre Island Drive? I have suspect with a knife inside the store.

DISPATCHER: What place is this?

00:00:30

WANDA LOPEZ: Uh, Sigmor.

00:00:33

DISPATCHER: OK, what's he doing with the knife?

00:00:35

WANDA LOPEZ: I don't know. He was outside, bumming a ride off of this guy, and he just told me right now, he just came inside the store.

00:00:43

DISPATCHER: Has he threatened you in any way?

[Police 2/10/83 transcription instead reports: "Has he threatened you any yet?"]

WANDA LOPEZ: Not yet. Give [?] just a minute.

[Police 2/10/83 transcription adds: "(Conversation with someone other than the dispatcher). OK! What, the money? What's that?"]

00:00:48

DISPATCHER: What does he look like?

WANDA LOPEZ: [What's that?] or [Okay?]

DISPATCHER: What does he look like?

00:00:54

WANDA LOPEZ: I can't see him, standing behind the counter.

[Police 2/10/83 transcription instead reports: "He's a Mexican, standing right here at the counter." On DA's version of the 2/10/83 transcript, someone has underlined this statement in a handwritten annotation.]

DISPATCHER: Huh?

00:00:58

WANDA LOPEZ: Can't talk. Thank you.

DISPATCHER: Ma'am?

WANDA LOPEZ: What?

00:01:01

DISPATCHER: Don't hang up, ok?

WANDA LOPEZ: Ok.

00:01:03

WANDA LOPEZ: [?]

00:01:05

Male voice: [?]

WANDA LOPEZ: [?] eighty-five.

[On DA's version of Police 2/10/83 transcript, someone has underlined this statement in a handwritten annotation and written: "cigarettes".]

00:01:09

DISPATCHER: Where is he at now?

WANDA LOPEZ: Right here.

00:01:12

DISPATCHER: Is he a white male?

WANDA LOPEZ: No.

DISPATCHER: Black?

WANDA LOPEZ: No.

DISPATCHER: Hispanic?

WANDA LOPEZ: Yes.

00:01:17

DISPATCHER: Tall? Short?

[On DA's version of Police 2/10/83 transcript, someone has underlined this statement in a handwritten annotation.]

WANDA LOPEZ: Uh-huh.

[On DA's version of Police 2/10/83 transcript, someone has underlined this statement in a handwritten annotation.]

DISPATCHER: Tall?

[On DA's version of Police 2/10/83 transcript, someone has underlined this statement in a handwritten annotation.]

WANDA LOPEZ: Tall.

00:01:23

WANDA LOPEZ: Thank you.

[Police 2/10/83 transcript adds "(to someone else)," and on DA's version of that transcript, someone has added a handwritten notation: "5'3"–5'9" or so."]

00:01:24

DISPATCHER: Does he have the knife pulled out?

WANDA LOPEZ: Not yet.

00:01:27

DISPATCHER: Is it in his pocket?

WANDA LOPEZ: Uh-huh.

00:01:30

DISPATCHER: All right. We'll get someone over there.

00:01:31

WANDA LOPEZ: You want it? I'll give it to you. [?]

[Police 2/10/83 transcript adds at the end of this: "I'll give it to you, I'm not gonna do nothing to you, Please!!!! (A lot of commotion is over heard in the background, followed by screams, you can hear the phone dropping, victim moaning." In the DA's version of this transcript, someone has underlined this passage in a handwritten annotation.]

00:01:36

DISPATCHER: Get a unit on 17 [emergency run] to the Shamrock, 2602 South Padre, got an armed robbery going down right now!!!

[Police 2/10/83 transcript ends with the above passage. The transcripts of the version played at Carlos DeLuna's trial and of Jesse Escochea's Dispatch Tape version both include the entries below.]

UNKNOWN MALE VOICE: See what you can get out of him.

[The transcript of the version played at trial attributes this passage to the "first male voice" (Escochea) and transcribes the passage as: "God, she's [sic] beating the shit out of him [sic]."

00:01:42

(screaming)

00:01:44

UNKNOWN MALE VOICE: Ok, hold on.

[The transcript of the version of the tape played at Carlos DeLuna's trial ends here. Jesse Escochea's Manhunt Tape version continues from here to the end of the manhunt.]

00:01:46

UNKNOWN MALE VOICE: 165.

UNKNOWN FEMALE VOICE: Are you through with your call?

UNKNOWN MALE VOICE: 151 to base [?]

00:01:48

(brief dial tone).

Chapter 13
Page: 9 of 23