HRLR
Los Tocayos Carlos
Chapter 15
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All Chapter 15 Footnotes

Not long after Carlos reached death row, Corpus Christi Caller-Times reporter Linda Carrico interviewed him, anxious to give her readers news of the notorious killer whose trial she had covered.20 "He told me it was strictly a case of mistaken identity," she recalled.21

Around the time of his trial, she said, Carlos had put on a lot of weight. "Looked like a mess," she recalled.22 "I was surprised on death row, when this Adonis appeared for the interview. It was the same face, but there was a big transformation."23

Speaking to DeLuna face to face also gave Carrico a different impression of the intellect of the man she had only observed in court. "I remember Carlos DeLuna—he was very simpl[e], you know. He didn't really understand he was on death row and that they were trying to execute him."24

In his early days at the Ellis Unit, DeLuna also received a letter from news reporter Karen Boudrie asking if he would let her interview him on camera for her TV station. DeLuna agreed. When Boudrie came and DeLuna took his place on the opposite side of the glass partition, she too noticed differences between the cocky young man she'd watched in the courtroom in Corpus Christi and the young man she spoke to face to face on death row.25

"He had found God," Boudrie told the private investigators years later, rolling her eyes.26 "Oh, yeah, I believe that," she remembered thinking. "But he really was so much more subdued, so much calmer in his demeanor."27

DeLuna "didn't seem terribly anxious," Boudrie recalled. He was confident his appeals were going to work for him.28

After Boudrie's interview, DeLuna sent her a card, the first of many he would send the young journalist. She read a portion of the note to the investigators in which Carlos looked back on when he "first came to prison, then when I ended up on Death Roll."29

"He didn't even know he was on Death Row," she said, shaking her head.30 "He was on Death Roll, R-O-L-L, to him. . . . He winds up here, and he doesn't even know where he is." 31

That first letter caused Boudrie to consider DeLuna in a slightly different light. "I started thinking, someone like him, he never had a chance. . . . I really tried to put myself in his shoes and think a little bit more about what it was like to be Carlos DeLuna and what he had to face . . . ." 32

The big question facing DeLuna at that point was whether any lawyer responsible for his case would make a similar effort to look at things from his perspective—and whether any appeals court would do the same.

* * * * *

When Hector De Peña's wife attended DeLuna's trial, she was annoyed that, after suffering prosecutor Schiwetz's jibes in court for presenting a "Carlos Hernandez" defense based on "a figment of Carlos DeLuna's imagination,"33 her husband would go have a cup of coffee with his adversary during a break.34

Even after the trial ended, however, De Peña continued to take an occasional coffee break with Schiwetz.35 It was during one such interlude, well after DeLuna's trial, when the name "Carlos Hernandez" came up again.

Years later, De Peña wasn't sure of the exact date of the conversation.36 It may have been triggered by the appearance of Carlos Hernandez's picture in the Caller-Times. In the photo, Detectives Eddie Garza and Paul Rivera are escorting the mustachioed Hernandez, in a white T-shirt and jeans, to jail for murdering Dahlia Sauceda.37 Hernandez committed the killing back in 1979, the police claimed, and had recently confessed the crime to Diana Gomez.38

James S. Liebman's Notes on Interview with Linda Carrico, Corpus Christi Newspaper Reporter (Sept. 2004) at 1 ("One issue I was interested in was death sentences imposed in Corpus Christi. I set up an appointment to interview the [Corpus Christi] inmates on death row. Most of the time these people had never testified at trial, so I wanted to interview them. I would get permission from the prison, but most of the time the inmate wouldn't come out and talk to me. One of the few to come out and talk to me was Carlos DeLuna.").

James S. Liebman's Notes on Interview with Linda Carrico, Corpus Christi Newspaper Reporter (Sept. 2004) at 1.

James S. Liebman's Notes on Interview with Linda Carrico, Corpus Christi Newspaper Reporter (Sept. 2004) at 1.

James S. Liebman's Notes on Interview with Linda Carrico, Corpus Christi Newspaper Reporter (Sept. 2004) at 1.

James S. Liebman's Notes on Interview with Linda Carrico, Corpus Christi Newspaper Reporter (Sept. 2004) at 1.

Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter in Dallas, Texas (Feb. 28, 2005) at 01:43:40–01:46:00:

Carlos was really cocky throughout his trial, and that didn't help him either. He was just cocky. When you'd watch—We'd go down every day to watch him coming through the tunnel. They have a tunnel from the jail to the courthouse. We could go down, and there were three little windows, one from each camera from each station. We'd get our spot, and we'd get him coming down each day. You really couldn't get any sound, but it was the only video we could really get of him. He would swagger every day down the hall. He would talk and joke, and be talking with the guard that was escorting him. He didn't look like someone that was remorseful, facing this potentially life-ending ordeal in court. He just seemed like a—I can't think of the best way to describe it. But anyway, he was different back then as far as his demeanor, [and] he was kind of cocky.

Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter in Dallas, Texas (Feb. 28, 2005) at 01:46:00–01:47:55 ("Of course, the first time I met him on Death Row, he was much more subdued. He had found God, and I said, 'Oh, yeah, I believe that.' But he really was so much more subdued, so much calmer in his demeanor. He didn't seem terribly anxious. I think he was confident that his appeals were going to work for him, I guess.")

See supra note 25.

See supra note 25.

See supra note 25.

Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter in Dallas, Texas (Feb. 28, 2005) at 01:46:00–01:47:55:

After that first encounter, he sent me a card that he made. (holds up card with a picture of a rose on the front) He sent me this card and he said, (reads) "When I first came to prison, then when I ended up on Death Roll." He didn't even know he was on Death Row. He was on Death Roll, R-O-L-L, to him. So I thought, when I got this card, I started thinking, someone like him, he never had a chance. He didn't have much of a chance in life, obviously. When you heard his background and the type of family life he came from, it was so far removed from my life. It was hard for me to fathom. I really tried to put myself in his shoes and think a little bit more about what it was like to be Carlos DeLuna and what he had to face in life versus what my lot in life is. I thought, he's not very educated, here he is, he winds up here, and he doesn't even know where he is.

See supra note 29.

See supra note 29.

See supra note 29.

James Liebman's Notes on Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna (Dec. 3, 2004) at 4–5:

This was one of my first trials. My wife helped me. She couldn't understand how I could fight him [prosecutor Schiwetz] on the case inside the court, then go have a cup of coffee with Schiwetz afterwards. She was very mad at him. [[Investigator] asks why?] Because she knew CH [Carlos Hernandez] existed and couldn't believe Schiwetz would argue he didn't exist. For HDP [Hector De Peña, Jr.], it was just doing a job. It wasn't a personal with Schiwetz. Comes back to this later: My wife was peeved. That prosecutors said CH was figment of CDL's [Carlos DeLuna's] imagination; the 'phantom' comment. She knew there was a real person. She was involved. She listened to the 911 tape with him; motivator to him on a big case.

Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 11:59:06–12:00:00 ("And at one point, as this matter was reaching a conclusion—I don't know if it was after the jury was out—Steve made an offer to have a cup of coffee or something, and my wife didn't understand how the relationship in court could suddenly change once you walked out the door.");

James Liebman's Notes on Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna (Dec. 3, 2004) at 4–5.

Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 12:24:50–12:06:05 ("You're advocates for your client, but once you walk out of there you can still talk to each other and have a cup of coffee.").

Transcribed Videotape Interview with Hector De Peña, Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 12:24:50–12:26:05 ("[T]he time frame is not clear because so much time has passed since then.").

See Acquitted Man Hopes Arrest of Another Man Will Help Clear his Name, Corpus Christi Caller-Times, July 25, 1986, at 3A ("Jesus Garza . . . was acquitted of murder seven years ago in a case that was revived yesterday with the arrest of Carlos Hernandez (photograph at right), who was escorted to the Nueces County Jail by Corpus Christi police detectives Paul Rivera (left) and Eddie Garza.");

Libby Averyt, City Man Is Jailed in 7-Year-Old Murder Case,Corpus Christi Caller-Times, July 25, 1986, at 1A, 18A (reporting that Carlos Hernandez "was arrested yesterday in connection with the brutal slaying seven years ago of a 27-year-old woman who was found with an 'X' carved in her back.");

see also supra Chapter 7, notes 176–177 and accompanying text & Figure 20 (photograph of Carlos Hernandez being arrested by Paul Rivera and Eddie Garza).

See supra Chapter 7, notes 150–163 and accompanying text.

Chapter 15
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