HRLR
Los Tocayos Carlos
Chapter 15
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All Chapter 15 Footnotes

It was this order that the Caller-Times had described the day before it gave front-page coverage to Carlos Hernandez's arrest for the murder of Dahlia Sauceda.69 It was this order to which Steven Schiwetz and Hector De Peña raised no formal objection even after the newspaper printed a picture of Carlos Hernandez, in the flesh and in the grasp of Detectives Garza and Rivera.

* * * * *

With an execution date looming and a record of failure by lawyers assigned by the courts, Rose hired a new lawyer to represent her brother.70 At that time, there were only a few lawyers in Dallas, where Rose was then living, who specialized in capital appeals.71 Rose chose Richard Anderson, believing he was Carlos's last and best shot at proving his innocence.72

Anderson didn't want to represent Carlos DeLuna, especially on an innocence claim.73 Living hundreds of miles from Corpus Christi, he saw no reason to believe there was a Carlos Hernandez or that Carlos DeLuna was innocent.74 He didn't think there was anything he could do, and he told Rose so.75 Desperate for a lawyer to do something for her brother, Rose pressed Anderson to take the case, and he eventually agreed.76

In October 1986, when Anderson informed the judges and District Attorney's office in Corpus Christi that he now was representing DeLuna, no one in Carlos's hometown said anything to Anderson to alter his opinion that DeLuna's claim of innocence was baseless.77

At the time, Carlos Hernandez was still in jail in Corpus, being prosecuted by the same District Attorney's office for killing Dahlia Sauceda.78 Ken Botary was particularly aware of Hernandez's case because Judge Blackmon, who was handling it, was pressing Botary to produce the transcript of his conversation with Hernandez in January 1980, just before the first trial for the Sauceda murder.79

As he had mentioned to Hector De Peña over coffee, even former Assistant District Attorney Steven Schiwetz was aware of Hernandez at this point. Yet, aside from Carlos DeLuna and his sister Rose, no one said anything to Anderson about Hernandez's existence.80

* * * * *

Looking back, Rose was bitter about the legal help Carlos received throughout the entire case, even after she began paying for a lawyer to represent him. Her mother had made her promise to take care of Carlos, and she blamed herself for not doing it.81

"I asked him, 'Carlos, did you do this?,'" she said in 2004 through tears. "I asked him when he was in Death Row. I asked him, 'Did you do this?'"82

"He said, 'No, I didn't do it. If you would just go to Corpus, this is where this guy lives. His name is Carlos Hernandez.' He committed the crime."83

Rose found out that even her older brother Manuel knew Carlos Hernandez.84 They'd hung out at the Casino Club.85

"I kept saying that over and over to the attorney[s]," Rose said, starting with De Peña and Lawrence at trial and with Anderson later.86

But, just as Schiwetz had told the jury, Carlos's lawyers told Rose it "was a lie, there was no Carlos Hernandez, that they hired private investigators [to look for him]. There was no Carlos Hernandez, it was a made-up name, there's no such thing."87

"Nothing, nothing, nothing."88

See supra notes 47–49 and accompanying text.

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:55:50–20:56:22 (discussing how "[Rose] went to the[] lawyers, [and] paid [her] money . . . to try to get them to help").

Transcribed Videotape Interview with Kristen Weaver, Post-Trial Lawyer for Carlos DeLuna, in Dallas, Texas (Feb. 28, 2005) at 02:23:27.

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 19:59:44–20:02:58;

see Transcribed Videotape Interview with Kristen Weaver, Post-Trial Lawyer for Carlos DeLuna, in Dallas, Texas (Feb. 28, 2005) at 02:24:12–02:26:10:

Rose Rhoton and Brad Rhoton came to my office. We discussed the situation. I encouraged them to not even do this, because I was absolutely sure it would not succeed. But they felt, for the family's sake, that they needed to do everything that was possible. So I agreed to represent him. This was a successor writ, and, as you know, with successor writs there is very, very little that can be legitimately raised. I went down and talked to him, briefly, in T.D.C. [Texas Department of Corrections.] Went down to talk to a bunch of clients there, and he was one of them. Primarily addressing the status of his case: where he was, what was involved, what we could do, what we could not do, what the chances of success—if any—were, etcetera. I then prepared the documents and filed them. We got into federal district court. The judge did not want to have a hearing on the issue at all. We ended up doing a telephone hearing, conference. It was very late in the day, there was already a death sentence [i.e., date set for an execution] . . . that starts the clock. So by the time I got in to this, there was already a death sentence set.

Transcribed Videotape Interview with Kristen Weaver, Post-Trial Lawyer for Carlos DeLuna, in Dallas, Texas (Feb. 28, 2005) at 02:23:27–02:24:12 ("Richard [Anderson] called me and said that there was some people in his office who were looking for someone to work on a capital writ out of the Gulf Coast area, Corpus area, and that he didn't want to do it, and that it was a successor writ. I told him I didn't want to do it either, but he persuaded me to at least talk to the people.").

Transcribed Videotape Interview with Kristen Weaver, Post-Trial Lawyer for Carlos DeLuna, in Dallas, Texas (Feb. 28, 2005) at 02:23:27–02:24:12;

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:32:36–20:34:20:

A. [Carlos] told me he didn't do it. I asked him, "Carlos, did you do this?" I asked him when he was in Death Row. I asked him, "Did you do this?" He said, "No, I didn't do it. If you would just go to Corpus, this is where this guy lives. His name is Carlos Hernandez." He committed the crime. Manuel, my older brother, knows this Carlos Hernandez. I kept saying that over and over to the attorney, I kept saying that over and over, and they were saying that that was a lie, there was no Carlos Hernandez, that they hired private investigators. There was no Carlos Hernandez, it was a made-up name, there's no such thing.

Q. Which lawyers told you that, the lawyers that represented Carlos in trial, the ones that you hired later on?

A. Yes, represented Carlos in trial, and the ones we hired [later], told me that this was just a made-up name. There was no Carlos Hernandez. Nothing, nothing, nothing.

Transcribed Videotape Interview with Kristen Weaver, Post-Trial Lawyer for Carlos DeLuna, in Dallas, Texas (Feb. 28, 2005) at 02:24:12–02:26:10 ("Rose Rhoton and Brad Rhoton came to my office. We discussed the situation. I encouraged them to not even do this, because I was absolutely sure it would not succeed.").

Transcribed Videotape Interview with Kristen Weaver, Post-Trial Lawyer for Carlos DeLuna, in Dallas, Texas (Feb. 28, 2005) at 02:24:12–02:26:10 "[Rose and Brad Rhoton] felt, for the family's sake, that they needed to do everything that was possible. So I agreed to represent him.").

Appl. for Writ of Habeas Corpus and Br.; Appl. for a Stay of Mandate, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. Oct. 7, 1986) (sent by Richard Anderson to Judge Dunham and copied to John Grant Jones) at 4.

See supra Chapter 7, notes 176–179 and accompanying text.

See supra note 10 and accompanying text; supra Chapter 7, notes 199–203 and accompanying text.

See supra notes 50–51, 70–75 and accompanying text.

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:30:42–20:34:20:

A. My mom passed away in August of '83. I saw her three days before she died. And she did ask me one thing—she didn't ask any of the other siblings. But she did ask me, because she knew Carlos and I were very close. She did ask me. She said, "I want you to do something for me." I asked her, "What's that?" "Promise me you'll always look out for Carlos, promise me that." I told her, "Ok, I'll look after him." And I couldn't help him. I did not know how to help him. And I know he didn't commit this crime. And I blame myself because I wasn't educated enough to learn about all these words they were saying in the trial, and the paperwork. I didn't understand it. And I believed the attorneys, what they said as far as, he was underneath the truck, and this and this and that. But I knew in my heart that Carlos did not commit this crime. I knew it.

Q. What did he tell you?

A. He told me he didn't do it. I asked him, "Carlos, did you do this?" I asked him when he was in Death Row. I asked him, "Did you do this?" He said, "No, I didn't do it. If you would just go to Corpus, this is where this guy lives. His name is Carlos Hernandez." He committed the crime. Manuel, my older brother, knows this Carlos Hernandez. I kept saying that over and over to the attorney, I kept saying that over and over, and they were saying that that was a lie, there was no Carlos Hernandez, that they hired private investigators. There was no Carlos Hernandez, it was a made-up name, there's no such thing.

Q. Which lawyers told you that, the lawyers that represented Carlos in trial, the ones that you hired later on?

A. Yes, represented Carlos in trial, and the ones we hired [later], told me that this was just a made-up name. There was no Carlos Hernandez. Nothing, nothing, nothing.

See supra note 81.

See supra note 81.

See supra note 81.

See supra Chapter 5, notes 152, 161–162, 181, 188–191 and accompanying text; supra Chapter 6, notes 26, 188, 196–201 and accompanying text; supra Chapter 7, notes 57–59, 227 and accompanying text; infra Chapter 16, note 164.

See supra note 81.

See supra note 81.

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:30:42–20:34:20;

see also Transcribed Videotape Interview with Rosie Esquivel, Girlfriend of Carlos DeLuna While He Was on Death Row, in Garland, Texas (Feb. 27, 2005) at 23:47:40–23:50:34:

A. But he fought, Carlos [DeLuna] fought all the way to the end. He maintained his innocence all the way to the end. Most killers don't. . . . Because he didn't do it. He didn't believe he did it. He believed he did not do it. And I believe he didn't do it. I believe that this other Carlos Hernandez did. And they just didn't want to listen to him. He said it numerous times. I don't know if he was telling the right people, or his lawyers didn't do what they could for him. I don't know. He really didn't mention . . . He did mention that his lawyers were doing this hab—

Q. Habeas corpus.

A. Habeas corpus. I don't know what that is. But that he was doing that, his lawyers, Carlos DeLuna's lawyers were doing that. And I know that he did tell me, "They just don't want to listen. I tell them this. I give them all the information. They just don't want to listen."

Q. What did he tell them?

A. He gave up the name. He gave up the fact that Carlos Hernandez was the one that went into the store. He had nothing to do with this crime. He only ran because he, you know, he just got out of prison. He was on probation. He didn't want anything to happen to him.

Chapter 15
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