HRLR
Los Tocayos Carlos
Chapter 17
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All Chapter 17 Footnotes

After that, Carlos and Cindy were often over at Dina's place and even lived in Dina's garage for several months in 1989.18 Dina trusted Carlos well enough to have him and Cindy babysit her ten- and twelve-year-old boys while she was at work19—not realizing that Carlos was buying her sons beer and teaching them how to sharpen and flip open the buck knife he always carried.20

But like all of Carlos's women friends, Dina soon saw his other side. "He was a nice person, if he was your friend," she explained. "But every time he would argue with somebody, he would try to stab him with a knife."21 He "was always threatening people with knifes," she said. "He would say, I'll put the knife on their life if they mess with me. And that's the first thing he would think about, the knife."22 Increasingly frightened by Carlos, especially when he drank, Dina's boys begged her to stop hanging out with Carlos and Cindy.23

A tough woman who didn't take orders from anyone, Dina didn't listen to her sons and freely confronted Carlos about his mistreatment of Cindy. Cindy was mentally slow, and Carlos was quick to manipulate and abuse her, taking her disability checks, threatening and hitting her, even bringing women home to have sex with him while Cindy was there.24 When Dina stuck up for Cindy and later took Cindy into her home, Carlos got angry.25 Dina eventually learned that Carlos had sexually molested his own niece Pricilla,26 and twice herself stopped him from molesting Cindy's five-year-old niece.27

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Figure 41. (Left) Mug shot of Carlos Hernandez following his April 1985 arrest for public intoxication on a bicycle. (Right) Photograph of Carlos and Cindy Maxwell in the 1990s, when Hernandez was suffering from cirrhosis and diabetes.

Sometimes, Carlos "would bring out this thick like notebook of legal work" and brag about his legal case, Dina's oldest son Johnny recalled. "It made him feel big."28 Dina and Cindy looked through the papers one time and discovered that Carlos was accused of murdering a lady in a van.29 "[T]hat's when I started wondering if I should let him around my kids," Dina said. "Made me wonder."30

See Dina Ybañez, Neighbor of Carlos Hernandez, Statement to Corpus Christi Police Dep't (April 16, 1989) at 1 (stating that, as of April 15, 1989, Carlos Hernandez had been living with her for almost three months).

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:25:11, 03:38:47 ("Q. Did you get to know Carlos Hernandez pretty well? A. Yeah. Q. Was he a friend of yours? At the time? A. I used to think he was."; "Well, at first I thought he was a good person, because he was good to the kids.");

Peso Chavez's Notes on Interview with Johnny Ybañez, Neighbor of Carlos Hernandez (Aug. 4, 2004) at 1 ("Mr. Ybanez was 12/13 years old when he spent a considerable amount of time with Carlos Hernandez. His mother worked at Rosita's Kitchen at night and Mr. Hernandez and Cindy would baby-sit for him and his younger brother Andreas.").

Peso Chavez's Notes on Interview with Johnny Ybañez, Neighbor of Carlos Hernandez (Aug. 4, 2004) at 1–2:

Mr. Ybanez was 12/13 years old when he spent a considerable amount of time with Carlos Hernandez. His mother worked at Rosita's Kitchen at night and Mr. Hernandez and Cindy would baby-sit for him and his younger brother Andreas. . . . "Once Carlos started drinking he got real dangerous and that's when you had to stay away from him. I know this because I [Johnny Ybañez] would drink with him—he bought me beer. That's when he would tell me things." . . . According to Mr. Ybanez, Mr. Hernandez always carried a folding type knife and would show him how to sharpen it. Mr. Ybanez stated, "In fact the knife he stabbed my mother with I had sharpened it for him. Those old guys from Mexico, the ones from the barrios, they always carried a knife and Carlos was good with it. He would show me how he flipped [it] out." Mr. Ybanez further described Mr. Hernandez' "craziness" as observing Carlos self mutilate his chest with a knife causing him to bleed. In addition he would burn his body.

See also James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 3 ("Johnny was close[] to Carlos; Johnny went a lot of places with Carlos.").

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:29:38–3:31:52 ("He [Carlos Hernandez] was very violent. Q. How was he violent? A. He was, with everybody. He was a nice person, if he was your friend. But every time he would argue with somebody, he would try to stab him with a knife. Carlos was never going anywhere without his knife.").

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:46:13 ("But he was violent. He was always threatening people with knifes. He would say, I'll put the knife of their life if they mess with me. And that's the first thing he would think about, the knife. He was always looking for trouble. You didn't have to pick on him so he can do that do you. He was always doing it.");

see Peso Chavez's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 2 ("Hurting people was real funny to him and he always had a habit of saying 'I put the knife on her life'—meaning he had stabbed her.");

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 1 (reporting a phrase that Hernandez used to describe hurting someone with his knife: "He put the knife on the other people"; "Put the knife on their life.").

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 3 ("Sons Johnny and Andy . . . [d]idn't like me going there watching TV. They heard what CH [Carlos Hernandez] said and didn't like it.");

Peso Chavez's Notes on Interview with Johnny Ybañez, Neighbor of Carlos Hernandez (Aug. 4, 2004) at 1–2 ("The guy was crazy. Once Carlos started drinking he got real dangerous and that's when you had to stay away from him. I know this because I would drink with him—he bought me beer. That's when he would tell me things. I remember one time he bragged about a girl that he had killed in a van—I don't recall names—but he said there was a little girl inside. Then he would bring out this thick like note book of legal work . . . and he would brag about his [legal] case—it made him feel big.");

see Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:46:13 ("[H]e would always be walking with his quart bottle because he was an alcoholic.").

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) 03:23:35–3:27:33:

Q. How would he [Carlos Hernandez] take advantage of her [Cindy Maxwell?]

A. Take her money away, and make her bring girls to the house so he can be with them. If not, he'd threaten to leave her, and things like that. . . . Cindy was [mentally slow]. So I used to be her friend because I used to give her advice because Carlos was always taking advantage of her, taking her checks, and making her bring girls to the house, giving her threats. She'd take anything, as long as he didn't leave her. . . .

Q. Did Cindy [Maxwell] talk to you about those events?

A. I would see everything. And I would get mad at her.

Q. OK. What did you see Carlos Hernandez do?

A. Hitting her, taking her check. He was real mean to her. But Cindy wasn't all there, and she was kind of slow.

Q. What kind of advice did you give her?

A. To leave him! That's why I took her to my house.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 3:38:47 ("Well, at first I thought he was a good person, because he was good to the kids. And then after I met Carlos's girlfriend, who was Cindy, it was different. He was bad. He was real abusive with Cindy. Carlos was always taking her money away. Carlos was always making her do things for him that she wasn't supposed to. And then Carlos started acting different. He was always drunk, dressed real sloppy, doing drugs.");

Peso Chavez's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 4 ("Ms. Ybanez described Cindy as mentally slow but who dearly loved Mr. Hernandez. She stated, 'Carlos would always threaten her and when she worked she handed him the paycheck. Plus, . . . [Hernandez] would bring girls home so that he could have sex in front of [Cindy]'").

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:26:57–3:27:33, 03:28:06–03:28:25 ("Q. Did Cindy [Maxwell] talk to you about those events? A. I would see everything. And I would get mad at her. Q. OK. What did you see Carlos Hernandez do? A. Hitting her, taking her check. He was real mean to her. But Cindy wasn't all there, and she was kind of slow. Q. What kind of advice did you give her? A. To leave him! That's why I took her to my house."; "Maybe he hated me because I was always turning Cindy against him.");

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 3 ("Cindy had moved into Dina's house one week before [Carlos attacked her], and he was unhappy at her [Cindy] for leaving and me for having her.").

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 04:04:05–04:05:05 ("But he [Carlos Hernandez] was bad. He was even molesting his niece, Pricilla. He was a pervert.").

James S. Liebman's Notes on Steve Mills's Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Nov. 3, 2005) at 1 ("[I]t came out [during the interview with Dina Ybañez] that [Hernandez] molested Loretta Glaspy's 5-year-old daughter Latanya [Cindy's niece]; Dina caught him twice and told Cindy to stop it, but Cindy didn't.").

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:35:40 ("Carlos was always bragging about things he did in the past. Like, when he hurt this girl called Dahlia. He stabbed her. And then somebody else was arrested for it. He was always bragging about the way he would do things. And Carlos showed us some [legal] papers that he had at his house. So, we were reading them, and that's when I started wondering if I should let him around my kids, because of all the things he would do.");

Peso Chavez's Notes on Interview with Johnny Ybañez, Neighbor of Carlos Hernandez (Aug. 4, 2004) at 1–2 ("Then he would bring out this thick like note book of legal work (indicated 3") and he would brag about his [legal] case—it made him feel big.").

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 1, 3 (discussing "2–3 years prior [to 1989]" when Ybañez and Cindy Maxwell "used to go through his [Carlos Hernandez's] paperwork. [W]e went through Dahlia's papers. Then another case—also a girl he stabbed. She died too. He ran. They got someone else."; "Dina and Cindy used to sneak into CH's [Carlos Hernandez's] things and read his papers. . . . He had a lot of papers from lawyer—[Jon Kelly]. He had papers from others. 3 or 4 cases.").

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:35:40–03:37:29 ("Carlos showed us some [legal] papers that he had at his house. So, we were reading them, and that's when I started wondering if I should let him around my kids, because of all the things he would do. Made me wonder.").

Chapter 17
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