HRLR
Los Tocayos Carlos
Chapter 15
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All Chapter 15 Footnotes

"But," the article continued, "those whose lives were touched by the crime doubt the story. 'He'll be lying until he dies,' said Mary Vargas, Lopez's mother. 'He'll lie like he's been lying. Now he has to pay for what he did to my daughter.'"339

* * * * *

The Houston Chronicle's Kathy Fair began her second-to-last article on Carlos DeLuna by noting that the 27-year-old death row inmate "who started a life of crime stealing cars and sniffing paint as a juvenile was awaiting his execution late Wednesday night."340

Her article alternated between paragraphs devoted to Steven Schiwetz's descriptions of DeLuna's criminal record—"His was more of a surreptitious violence," the former prosecutor told Fair341—and other passages in which Wanda Lopez's mother described her anguish.

"I want him to pay for what he did to my daughter," Fair quoted Mary Vargas.342

"But [Vargas] said DeLuna's death would not erase all of the pain she has felt in the six years since her daughter was stabbed to death while she frantically called police . . . ."343

"'You feel an emptiness, in yourself,' Vargas said. 'Something is missing. It's not the same.'"344

In memorializing DeLuna's case for posterity, however, Fair made things a little too easy. Sandwiched between paragraphs quoting Schiwetz's description of DeLuna and the evidence the former prosecutor had presented was Fair's summary of the crime.345

"One witness at his trial identified him as the knife-wielding man seen outside the store, and another witness saw him struggling with the victim inside the store," Fair wrote.346 "DeLuna was found hiding beneath a parked vehicle about a quarter mile from the store, barefoot and without a shirt."347

"His bloody shirt and shoes were found in a yard the next day."348

Sources

Court Decisions

  1. Clark v. State, 717 S.W.2d 910 (Tex. Crim. App. 1986);

  2. Coleman v. Balkcom, 451 U.S. 949 (1981);

  3. Cordova v. State, 733 S.W.2d 175 (Tex. Crim. App. 1987);

  4. DeLuna v. Lynaugh, 873 F.2d 757 (5th Cir. 1988);

  5. DeLuna v. Lynaugh, No. C–89–336 (S.D. Tex. Dec. 2, 1989);

  6. DeLuna v. McCotter, No. 86-cv–234 (S.D. Tex. June 13, 1988);

  7. DeLuna v. State, 711 S.W.2d 445 (Tex. Crim. App. June 4, 1986);

  8. Ex parte DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. Nov. 22, 1989);

  9. Franklin v. Lynaugh, 487 U.S. 164 (1988);

  10. Jurek v. Texas, 428 U.S. 262 (1976);

  11. Lockett v. Ohio, 438 U.S. 586 (1978);

  12. McCleskey v. Kemp, 481 U.S. 279 (1987);

  13. Penry v. Lynaugh, 492 U.S. 302 (1989);

  14. Penry v. Lynaugh, 832 F.2d 915 (5th Cir. 1987), aff'd in part and rev'd in part, 492 U.S. 302 (1989);

  15. Smith v. Murray, 477 U.S. 527 (1986);

  16. Stephens v. Kemp, 464 U.S. 1027 (1983);

  17. Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. at Sept. 12, 1983);

Cindy Tumiel, Convicted Killer Executed After Court Rejects Appeals, Corpus Christi Caller-Times, Dec. 7, 1989, at B1.

Kathy Fair, DeLuna Waits for Execution in '83 Murder, Hous. Chron., Dec. 7, 1989, at 36A.

Kathy Fair, DeLuna Waits for Execution in '83 Murder, Hous. Chron., Dec. 7, 1989, at 36A ("His primary victims were autos and women. I can't remember any instance of him trying to pick on a male.").

Kathy Fair, DeLuna Waits for Execution in '83 Murder, Hous. Chron., Dec. 7, 1989, at 36A ("DeLuna's death, she added, would 'make me feel a little better. You can rest when you know justice has been done.'"); see also Associated Press, Texan Is Put to Death by Injection For Killing Woman in a Robbery, N.Y. Times, Dec. 8, 1989, at A24, available at http://www.nytimes.com/1989/12/08/us/texan-is-put-to-death-by-injection-for-killing-woman-in-a-robbery.html?pagewanted=print&src=pm ("'On the tape, she's talking to the cops,' said Steve Schiwetz, who prosecuted Mr. DeLuna, 'and then you heard that scream. "I'll give the money."' The prosecutor said: 'The last thing she was saying was, "I'll give the money." But he just wanted to stick her with the knife. It's really a bad deal.'").

Kathy Fair, DeLuna Waits for Execution in '83 Murder, Hous. Chron., Dec. 7, 1989, at 36A.

Kathy Fair, DeLuna Waits for Execution in '83 Murder, Hous. Chron., Dec. 7, 1989, at 36A.

Kathy Fair, DeLuna Waits for Execution in '83 Murder, Hous. Chron., Dec. 7, 1989, at 36A.

Kathy Fair, DeLuna Waits for Execution in '83 Murder, Hous. Chron., Dec. 7, 1989, at 36A.

Kathy Fair, DeLuna Waits for Execution in '83 Murder, Hous. Chron., Dec. 7, 1989, at 36A.

Kathy Fair, DeLuna Waits for Execution in '83 Murder, Hous. Chron., Dec. 7, 1989, at 36A.

Kathy Fair, DeLuna Waits for Execution in '83 Murder, Hous. Chron., Dec. 7, 1989, at 36A.

Chapter 15
Page: 25 of 29