HRLR
Los Tocayos Carlos
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All Chapter 17 Footnotes

1.

See supra Chapter 6, notes 121, 171–183 and accompanying text; supra Chapter 7, notes 23–25, 177 and accompanying text; supra Chapter 9, notes 29–43, 61, 72–73, 98–100 and accompanying text; supra Chapter 15, notes 181–182 and accompanying text; infra notes 8, 11–14, 71, 80, 106–110.

2.

See references cited supra note 1.

3.

Arrest Sheet No. 12834 for Carlos Hernandez, Corpus Christi Police Dep't (Apr. 17, 1985) at 1 ("Above listed [Carlos Hernandez] was observed to be riding a bicycle in an a [sic] erratic manner weaving in a way which was endangering his life").

4.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez, (Dec. 7, 2004) at 03:34:29–03:34:38; 03:21:59 ("Q. Is that the knife he [Carlos Hernandez] used to carry with him? A. DY: All the time"; "[Dina Ybanez] lifts up shirt, revealing a scar that runs from belly button to sternum");

Arrest Sheet No. 68362 for Carlos Hernandez, Corpus Christi Police Dep't (Apr. 15, 1989) (reporting arrest of Hernandez for knife attack on Dina Ybañez);

Steve Mills & Maurice Possley, The Secret that Wasn't, Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory:

Dina Ybanez . . . met Hernandez in 1985, and after he befriended her and her husband, he confided that he killed Lopez. "He said he was the one that did it, but that they got somebody else—his stupid tocayo—for that one," Ybanez said in an interview. "Carlos would just laugh about it because he got away with it."

Like a number of people in Corpus Christi who knew Hernandez, Ybanez said he also admitted committing the 1979 murder of Dahlia Sauceda, a local woman who was strangled and had an "X" carved into her back. Hernandez was questioned in the murder in 1979, then indicted for it in 1986, although prosecutors never took him to trial.

Ybanez said she so feared Hernandez that she never contacted police about his admissions, not even after he cut her from her navel to her sternum during a quarrel. "He said he was going to kill me like he did her," she said.

5.

See supra Chapter 6, notes 166–170 and accompanying text.

6.

See supra Chapter 9, notes 73–85 and accompanying text.

7.

See infra notes 11–15 and accompanying text.

8.

Disciplinary Report for Carlos Hernandez, Tex. Dep't of Corrections (Apr. 15, 1990) at 3 ("I told inmate HERNANDEZ, 'Give me the match boxes.'. . . In one of the match boxes was some matches and two dark lavender colored tablets with GG451 on them. I kept them and when I took them to the infirmary I was told they are 75 mg elavil.").

9.

See infra notes 52–80 and accompanying text.

10.

See supra Chapter 7, note 77; infra notes 71, 86–87, 100–102 and accompanying text; supra Chapter 15, notes 36–50, 69, 181–182 and accompanying text.

11.

Arrest Sheet No. 12834 for Carlos Hernandez, Corpus Christi Police Dept (Apr. 17, 1985) at 1 ("Above listed was observed to be riding a bicycle in an a erratic manner weaving in a way which was endangering his life"). Hernandez's arrest occurred at 800 Buford Street, near where Dina Ybañez was then living.

See infra notes 13–14. Carlos Hernandez was then living at Cindy Maxwell's house at 826 Hancock Street. Hancock is parallel to, and one block north of, Buford Street. See Google Maps, https://maps.google.com (search "1014 Seventh Street Corpus Christi Texas") (last visited Mar. 25, 2012). In regard to Hernandez's penchant for riding a bicycle while drunk, see Bruce Whitman's Notes on Interview with Johnny Arsuaga, Cousin of Carlos Hernandez (Nov. 3, 2005) at 1–2 ("Carlos Hernandez was an alcoholic and the last time Johnny saw Carlos Hernandez was when Carlos Hernandez was living near [Fidela Hernandez's sister] Josephine [Arsuaga] at the Hudson address. Carlos Hernandez rode a bike to Josephine's when he was drunk and fell off and passed out in the street in front of his aunt's house.").

12.

See supra Chapter 7, notes 170–177 and accompanying text.

13.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:24:30 ("Carlos was going to get arrested outside my house one day, and I went outside and asked the police if he can leave his bike out there until he get out of jail. I didn't know him then, but that's how we started talking.");

see infra Figure 42 (mug shot of Carlos Hernandez at the time of his April 17, 1985 arrest, showing the clothes he was wearing at the time).

14.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:24:30;

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 1 ("He [Carlos Hernandez] was always walking around with bicycle in front of her house. Got arrested and left [bicycle] because he was there drunk.").

15.

Arrest Sheet No. 12834 for Carlos Hernandez, Corpus Christi Police Dep't (Apr. 17, 1985) at 1 (indicating that Hernandez was arrested around 8:30 p.m. on April 17, 1985 and released on April 22, 1985 after paying a $63 fine.)

16.

See supra Chapter 9, notes 28–32 and accompanying text.

17.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:24:29 ("Q. And how was it that you got to know [Hernandez]? A. I started being friends with his girlfriend, Cindy. Q. OK. A. And then he started going to my house, drinking with my husband. Q. Alright. A. It just stayed like that for years. 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.").

18.

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).

19.

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.").

20.

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.").

21.

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.").

22.

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.").

23.

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.").

24.

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]'").

25.

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.").

26.

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.").

27.

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.").

28.

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.").

29.

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.").

30.

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.").

31.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:26:31, 03:35:40–3:38:48 ("[Carlos] was always bragging about things that he did, like stabbing people. He talked about two girls that he did. One of them was Dahlia. . . . [H]e put an X on her back. And that he had, Carlos killed her in front of her little girl. And that he thought about doing the little girl too, but he didn't."; "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."; "Q. Did he ever talk to you about killing anyone? A. Twice [meaning he discussed two victims]. Carlos mentioned about one that he did at a [convenience store].And another one on a van. He killed her in front of a little girl. A baby. . . .";

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 04:04:05–04:05:05 (describing what Carlos Hernandez told her about Dahlia Sauceda):

[T]hey [Carlos Hernandez and Dahlia Sauceda] went out, and she didn't want to be with him, so he raped her. He stabbed her. Her was gonna kill, he was thinking about killing the little girl too. And then he would talk about how he put an X on Dahlia's back, and make fun of that other guy, cause he was the one that was paying for the crime. I think the other Jesse Garza was the one that paid for that one, right? Something like that. But Carlos would make fun of Jesse too.

Peso Chavez's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 2 :

Carlos Hernandez would be in the living room and he would make fun about how he killed the girl at the gas station and the one in the van. He would brag about how Graza and Carlos DeLuna—he would call Carlos his tocallo—were blamed for it and he was the one that had killed them. 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. And he would always brag about the "X" he carved into Dahlia's back. He bragged about how he raped and killed her and how the baby was in the van and he thought about killing the baby as well. Cindy, his girlfriend knew about this but she would never say anything about it—she loved him to[o] much.

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 1 ("I knew he did it to the lady in the van and I kept being friends with him.").

32.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:26:31, 03:38:47:

[Carlos] was always bragging about things that he did, like stabbing people. He talked about two girls that he did. One of them was Dahlia. . . . [H]e put an X on her back. And that he had, Carlos, killed her in front of her little girl. And that he thought about doing the little girl too, but he didn't. And then he, Carlos was always bragging about the other one that he did at the gas station, because somebody else was arrested. He would call him his 'tocayo'. And he would laugh about it, because he got away with it, and somebody was paying for something he didn't do.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 04:02:57–04:03:50:

Q. You'd mentioned that Carlos Hernandez spoke to you in detail about the lady who was killed at the gas station. Tell me . . . what Carlos Hernandez told you in detail.

A. Carlos [Hernandez] was just bragging about the way he got away with it, that he stabbed her. He was walking away all normal, like nothing happened, while Carlos DeLuna was running, going under some cars. When he got arrested, he [Hernandez] was still around, when they were taking Carlos DeLuna in.

Peso Chavez's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 2;

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 1–2:

CH [Carlos Hernandez] on Shamrock incident: CH—ran the other way. CDL [Carlos DeLuna]—stupid for not running fast and for getting under cars. [Hernandez] Stabbed her. He ran, they got that other guy. Made fun because he had same name[;] he called Carlos [his tocallo.] He went up to her and put the knife on her. . . . [Carlos Hernandez said he] "Put the knife on their life." . . . What CH said re: Lopez affair: Carlos DeLuna was running under cars—being stupid. Carlos H. ran away; the other way.

Steve Mills & Maurice Possley, The Secret that Wasn't, Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory:

Dina Ybanez . . . met Hernandez in 1985, and after he befriended her and her husband, he confided that he killed [Wanda] Lopez [at the Shamrock station]. "He said he was the one that did it, but that they got somebody else—his stupid tocayo—for that one," Ybanez said in an interview. "Carlos would just laugh about it because he got away with it."

Like a number of people in Corpus Christi who knew Hernandez, Ybanez said he also admitted committing the 1979 murder of Dahlia Sauceda, a local woman who was strangled and had an "X" carved into her back. Hernandez was questioned in the murder in 1979, then indicted for it in 1986, although prosecutors never took him to trial.

Ybanez said she so feared Hernandez that she never contacted police about his admissions, not even after he cut her from her navel to her sternum during a quarrel. "He said he was going to kill me like he did her," she said.

33.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:26:31, 03:38:47, 03:35:40, 03:43:18:

[Carlos] was always bragging about things that he did, like stabbing people. He talked about two girls that he did. One of them was Dahlia. . . . [H]e put an X on her back. And that he had, Carlos, killed her in front of her little girl. And that he thought about doing the little girl too, but he didn't. And then he, Carlos was always bragging about the other one that he did at the gas station, because somebody else was arrested. He would call him his "tocayo". And he would laugh about it, because he got away with it, and somebody was paying for something he didn't do. . . . 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—making fun of Carlos DeLuna, and that other one, for Dahlia. Talking about how he stabbed her and then he started running and they caught the other guy. Laughing, because his "tocayo" was going to pay for something like that, even though he didn't do it. Just because they look the same.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 04:02:57–04:03:50, 04:04:05–04:05:05 (describing what Carlos Hernandez told her about Dahlia Sauceda: "[H]e would talk about how he put an X on Dahlia's back, and make fun of that other guy, cause he was the one that was paying for the crime. I think . . . Jesse Garza was the one that paid for that one, right? Something like that. But Carlos would make fun of Jesse too.");

Peso Chavez's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 2;

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 1–3 (describing what Carlos Hernandez told her about the Shamrock incident):

CH [Carlos Hernandez] on Shamrock incident: CH—ran the other way. CDL [Carlos DeLuna]—stupid for not running fast and for getting under cars. Stabbed her. He ran, they got that other guy. Made fun because he had same name[;] he called Carlos [his tocayo.] He went up to her and put the knife on her. . . . [Carlos Hernandez said he] "Put the knife on their life." . . . What CH said re: Lopez affair: Carlos DeLuna was running under cars—being stupid. Carlos H. ran away; the other way. . . . "Jesse" name [of man] who got blamed for Dahlia.

Steve Mills & Maurice Possley, The Secret that Wasn't, Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory ("Dina Ybanez . . . met Hernandez in 1985, and after he befriended her and her husband, he confided that he killed [Wanda] Lopez [at the Shamrock station]. 'He said he was the one that did it, but that they got somebody else—his stupid tocayo—for that one,' Ybanez said in an interview. 'Carlos would just laugh about it because he got away with it.'").

34.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:21:51, 03:56:14 ("A. I have six boys and a little girl. . . . Q. Can you name your boys? A. Johnny. Q. How old is Johnny [as of 2004]? A. 29. Q. OK. A. And then Andy, 27. Alex, 22. Michael, 18. Jesse, 14 [born after the events discussed here]. Little Dina, 13.").

35.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:29:38, 03:42:55–03:43:18 ("I just remember that I got off of work, and he [Carlos Hernandez] was waiting for me up there. . . . [H]e just came up to me and put a knife on my neck. And he wanted to rape me, and I didn't want to let him, but when I saw the knife on my neck I wasn't going to fight."; "Q. Did he [Carlos Hernandez] tell you other things that he was going to do to you? A. That he was going to rape me. Said that if I wasn't going to be his, that I wasn't going to be for nobody else. That he always gets what he wants. That's why he did [killed] the other girls.");

Peso Chavez's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 1 ("Dina told me that Carlos Hernandez stabbed her with a knife and her guts came completely out—he was going to rape her. He was a very bad man.");

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 1, 2 ("[Carlos Hernandez] Stabbed her, carried her in back and tried to rape her. . . . DY [Dina Ybañez] came home . . . and he (CH [Carlos Hernandez]) pulled me out of the car. Put knife on my neck. Then she was still. He wanted sex.").

36.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:26:02, 03:37:29–03:38:47 (explaining why she had trouble using "Carlos Hernandez" rather than "he" in the videotaped interview, in order to make clear who she was speaking about: "I hate that name"; "All this time that I haven't been talking to you I've tried to erase it because I hate this man.").

37.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:38:47–03:43:18:

Q. Tell me about Carlos Hernandez. What was your relationship with him? Tell me about who he was.

A. 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. And he was always bragging about things that he did, like stabbing people. He talked about two girls that he did [killed]. One of them was Dahlia. I don't know her last name or anything, but he was bragging about the way he stabbed her and he was going to, or, he put an X on her back. And that he had, Carlos, killed her in front of her little girl. And that he thought about doing the little girl too, but he didn't. And then he, Carlos was always bragging about the other one that he did at the gas station, because somebody else was arrested. He would call him his "tocayo". And he would laugh about it, because he got away with it, and somebody was paying for something he didn't do. And then, after I met him for a while, he stabbed me too. I never thought it would happen to me. You know, I never— [pause] I don't want to start crying. [starts crying . . . .] [continuing] He did it to me, I was just lucky. My little boy saved me. [still crying].

Q. What did Carlos Hernandez do to you?

A. He stabbed me in my stomach.

Q. Do you still carry those scars with you today.

A. [nods] They're here. [lifts up shirt again] And my fingers. I don't have no feelings on this one and this one. If it wasn't for my little boys I would have been dead too. He already had me on my back. And they [the authorities] didn't do nothing to him.

Q. What was [he] going to do to you when he had you on your back?

A. [Hernandez said] [t]hat he was going to put an X on my back like the way he did Dahlia.

Q. Did he tell you other things that he was going to do to you?

A. That he was going to rape me. Said that if I wasn't going to be his, that I wasn't going to be for nobody else. That he always gets what he wants. That's why he did [killed] the other girls.

38.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:38:47–03:43:18 (quoted supra note 37).

39.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:38:47–03:43:18 (quoted supra note 37).

40.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:38:47–03:43:18 (quoted supra note 37).

41.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:38:47–03:43:18 (quoted supra note 37).

42.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:38:47–03:43:18 (quoted supra note 37); see also Steve Mills & Maurice Possley, The Secret that Wasn't, Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory:

Dina Ybanez . . . met Hernandez in 1985, and after he befriended her and her husband, he confided that he killed [Wanda] Lopez [at the Shamrock station]. "He said he was the one that did it, but that they got somebody else—his stupid tocayo—for that one," Ybanez said in an interview. "Carlos would just laugh about it because he got away with it."

Like a number of people in Corpus Christi who knew Hernandez, Ybanez said he also admitted committing the 1979 murder of Dahlia Sauceda, a local woman who was strangled and had an "X" carved into her back. Hernandez was questioned in the murder in 1979, then indicted for it in 1986, although prosecutors never took him to trial.

Ybanez said she so feared Hernandez that she never contacted police about his admissions, not even after he cut her from her navel to her sternum during a quarrel. "He said he was going to kill me like he did her," she said.

43.

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 1 ("Talked about Dahlia most of the time; less about shamrock.").

44.

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 1.

45.

Peso Chavez's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 2 ("Carlos Hernandez would be in the living room and he would make fun about how he killed the girl at the gas station and the one in the van. He would brag about how Graza and Carlos DeLuna—he would call Carlos his tocallo—were blamed for it and he was the one that had killed them. 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 2 ("Q. Did he tell you other things that he was going to do to you? A. That he was going to rape me. Said that if I wasn't going to be his, that I wasn't going to be for nobody else. That he always gets what he wants. That's why he did [killed] the other girls.").

46.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:42:55–03:43:18 ("Q. Did he tell you other things that he was going to do to you? A. That he was going to rape me. Said that if I wasn't going to be his, that I wasn't going to be for nobody else. That he always gets what he wants. That's why he did [killed] the other girls.");

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 04:04:05 ("He [Hernandez] said they [he and Dahlia Sauceda] went out drinking, and they were partying . . . . So, they went out, and she didn't want to be with him, so he raped her.");

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 1 ("Stabbed her [convenience store clerk]. He ran, they got that other guy. Made fun because he had same name he called Carlos [his tocayo]. He went up to her and put the knife on her. D[ina Ybañez]: Why? He looked and got mad. 'Put the knife on their life.'").

47.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:53:18–03:54:03 ("Q. And what does "tocayo" mean? A. 'Tocayo' means they have the same name. That's it. Different last name. Q. So when Carlos Hernandez told you about his 'tocayo,' who was he referring to? A. He was referring to Carlos DeLuna.").

48.

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 1:

CH [Carlos Hernandez] on Shamrock incident: CH—ran the other way. CDL [Carlos DeLuna]—stupid for not running fast and for getting under cars. Stabbed her. He ran, they got that other guy. Made fun because he had same name[;] he called Carlos [his tocayo.] He went up to her and put the knife on her. . . . [Carlos Hernandez said he] "Put the knife on their life." . . . What CH said . . . .: Carlos DeLuna was running under cars—being stupid. Carlos H. ran away; the other way.

49.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:35:40, 03:43:18 ("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—making fun of Carlos DeLuna, and that other one, for Dahlia. Talking about how he stabbed her and then he started running and they caught the other guy. Laughing, because his 'tocayo' was going to pay for something like that, even though he didn't do it. Just because they look the same.");

Peso Chavez's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 2:

Carlos Hernandez would be in the living room and he would make fun about how he killed the girl at the gas station and the one in the van. He would brag about how Graza [sic—Garza] and Carlos DeLuna—he would call Carlos his tocallo—were blamed for it and he was the one that had killed them. 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. And he would always brag about the "X" he carved into Dahlia's back. He bragged about how he raped and killed her and how the baby was in the van and he thought about killing the baby as well. Cindy, his girlfriend knew about this but she would never say anything about it—she loved him to[o] much.

Steve Mills & Maurice Possley, The Secret that Wasn't, Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory ("Dina Ybanez . . . met Hernandez in 1985, and after he befriended her and her husband, he confided that he killed [Wanda] Lopez [at the Shamrock station]. 'He said he was the one that did it, but that they got somebody else—his stupid tocayo—for that one,' Ybanez said in an interview. 'Carlos would just laugh about it because he got away with it.'").

50.

See supra note 48.

51.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:28:25–03:31:21:

The day that he stabbed me I was getting off from work. And when I drove up on my driveway, he, Carlos got out of the, from the back, and he just went up to me and put a knife on my neck. And I didn't do nothing, I just let him do whatever because I didn't want to get hurt. He had it right there [points to neck]. So [when] he took the knife off my neck and put it on his pocket I started fighting with him, and I don't remember anything after that. I guess he took it out again and he stabbed me with it. I took the knife from him and cut my fingers. And then my little boy came out and he started hitting Carlos on the back with a stick. And he started running away. Carlos ran. . . .

See 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.").

52.

Dina Ybañez, Neighbor of Carlos Hernandez, Statement to Corpus Christi Police Dep't (April 16, 1989) at 1 ("I got a ride with Lydia, who works with me. . . . When I got home, Cindy Maxwell . . . told me Carlos was drunk, had left in my car and was not going to bring my car back. Carlos finally got home at about 12:30 AM (4–15–89). I went outside and told him to give me the keys to the car.");

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 2 ("Cindy was baby sitting the kids that night. DY came home and got out of the car and he (CH [Carlos Hernandez]) pulled me out of the car. Put knife on my neck. Then she was still. He wanted sex.").

Dina Ybañez's accounts of Carlos Hernandez's attack on her are largely consistent with each other except in one detail—whether she waited for Hernandez to return to her house with her car after she had been dropped off at her home following work near midnight on April 14, 1989 (as she told the police in her contemporaneous statement), or whether Hernandez was waiting for her when she was left off at her home following work late on April 14 (as she recollected in her 2004–05 interviews). In the narrative in the text, we rely on Ybañez's statement to the police, shortly after the incident occurred.

53.

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 1–2, 3:

[Carlos Hernandez] [s]tabbed her, carried her in back and tried to rape her. . . . DY [Dina Ybañez] came home and got out of the car and he (CH [Carlos Hernandez]) . . . Put knife on my neck. Then she was still. He wanted sex. . . . When CH [Carlos Hernandez] attacked DY [Dina Ybañez]: CH went into pocket and came out with knife. Buck knife. She was fighting him and—didn't feel stabbing. Grabbed his knife. Big, but it folded. Buck knife—she cut her hand and threw it away. He grabbed it again and turned her over. She's yelling and kids came.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:42:41–03:42:55 ("Q. What was [he] going to do to you when he had you on your back? A. [Hernandez said] [t]hat he was going to put an X on my back like the way he did Dahlia. Q. Did he tell you other things that he was going to do to you? A. That he was going to rape me. Said that if I wasn't going to be his, that I wasn't going to be for nobody else. That he always gets what he wants. That's why he did [killed] the other girls.");

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:29:38 ("I just remember that I got off of work, and he [Carlos Hernandez] was waiting for me up there. And then, I got out of the car, and he just came up to me and put a knife on my neck. And he wanted to rape me, and I didn't want to let him, but when I saw the knife on my neck I wasn't going to fight.");

54.

Peso Chavez's Notes on Interview with Johnny Ybañez, Neighbor of Carlos Hernandez (Aug. 4, 2004) at 2 ("After that I never really saw much of him [Carlos Hernandez] because we kept moving around and finally we moved to San Antonio. I think the reason he stabbed my mom is because he wanted to be with her and she didn't want him. At the time [she] was with Gilbert [Limon]").

55.

Dina Ybañez, Neighbor of Carlos Hernandez, Statement to Corpus Christi Police Dep't (April 16, 1989) at 1:

Carlos started pushing me around and pushed me against the tree by the driveway. He then pulled out the knife from his back pocket. It was already opened. Carlos then stabbed me with the knife which he had in his right hand. He stabbed me one time in my stomach. Carlos was jealous because I am dating a guy. He said, 'How come you can give him some and not me?' He said this in spanish. He said this moments before he stabbed me. I tried to stop him after he stabbed me one time but he cut two of my fingers in my right hand.

56.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:21:59 ("Q. Do you recall how long were you in the hospital? A. I don't remember nothing. I was like emergency surgery because I lost a lot of blood because Cindy didn't want to call the cops, because she didn't want Carlos in trouble. So she let me stay there until I was out. And it's big, do you want to see? [lifts up shirt, revealing a scar that runs from belly button to sternum] That's what he did to me.");

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 3 ("When CH [Carlos Hernandez] attacked DY [Dina Ybañez]: CH went into pocket and came out with knife. Buck knife. She was fighting him and—didn't feel stabbing. Grabbed his knife. Big, but it folded. Buck knife—she cut her hand and threw it away. He grabbed it again and turned her over. She's yelling and kids came.").

57.

See supra note 55.

58.

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

59.

James S. Liebman's Notes of Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 1 ("1st. Stabbed her, carried her in back and tried to rape her. Different look in face. Ugly like that picture.").

60.

James S. Liebman's Notes of Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 1;

see Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:46:13 ("And he would always be walking with his quart bottle because he was an alcoholic. But he was, he was more like a hobo. He never looked normal. When he was drunk he looked uglier. He had an evil look on his face . . . .");

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 04:04:05–04:06:19:

Q. When Carlos Hernandez told you about him killing the lady at the gas station, and about him killing Dahlia Sauceda, what kind of look did he have about him?

A. He looked evil. He wasn't Carlos, he was a different person. He looked like, sometimes, he looked real bad, like he wasn't all there. But that was the way he liked people to think about him. But he was bad. He was even molesting his niece, Pricilla. He was a pervert, besides being an alcoholic. And he hated me because I'm the one that got him busted for the first time. He couldn't get away, he got arrested for me. Even if they [the authorities] didn't do nothing to him, he still got to jail.

61.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 04:04:05–04:06:19 ("He looked evil. He wasn't Carlos, he was a different person. He looked like, sometimes, he looked real bad, like he wasn't all there.").

62.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:42:41–03:42:55 ("[He said that] he was going to put an X on my back like the way he did Dahlia. . . . [He said that] he was going to rape me. Said that if I wasn't going to be his, that I wasn't going to be for nobody else. That he always gets what he wants. That's why he did [killed] the other girls.");

Peso Chavez's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 3 ("I remember him turning me over and I knew he was going to carve an 'X' on my back the way he did that girl. If it had not been for my boys who came to my rescue we would not be talking about this today because he would have killed me.");

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 2 ("CH [Carlos Hernandez] stabbed me and turned me over and said I'm going to do to you what I did to Dahlia. I knew what he meant. My two oldest boys took a stick and beat him on the head on a soft spot. I fell on the porch. CH took off running and the little boy followed him to Maverick Market.").

63.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at–03:42:55 ();

see Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:29:38, 03:42:41–03:43:18 ("I just remember that I got off of work . . . , and he [Carlos Hernandez] just came up to me and put a knife on my neck. And he wanted to rape me, and I didn't want to let him, but when I saw the knife on my neck I wasn't going to fight."; "[He said that] he was going to put an X on my back like the way he did Dahlia. . . . [He said that] he was going to rape me. Said that if I wasn't going to be his, that I wasn't going to be for nobody else. That he always gets what he wants. That's why he did [killed] the other girls.");

Peso Chavez's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 1 ("Dina told me that Carlos Hernandez stabbed her with a knife and her guts came completely out—he was going to rape her. He was a very bad man".);

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 1, 2 ("[Carlos Hernandez] Stabbed her, carried her in back and tried to rape her. . . . DY [Dina Ybañez] came home and got out of the car and he (CH [Carlos Hernandez]) pulled me out of the car. Put knife on my neck. Then she was still. He wanted sex.").

64.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:42:41–03:42:55 ("[He said that] he was going to put an X on my back like the way he did Dahlia. . . . [He said that] he was going to rape me. Said that if I wasn't going to be his, that I wasn't going to be for nobody else. That he always gets what he wants.").

65.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:28:25–03:31:21:

The day that he stabbed me . . . Carlos got out of the, from the back, and he just went up to me and put a knife on my neck. And I didn't do nothing, I just let him do whatever because I didn't want to get hurt. He had it right there [points to neck]. So [when] he took the knife off my neck . . . I started fighting with him, and I don't remember anything after that. I guess he took it [the knife] out again and he stabbed me with it. I took the knife from him and cut my fingers. And then my little boy came out and he started hitting Carlos on the back with a stick. And he started running away. Carlos ran.

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 1, 2 ("[Carlos Hernandez] Stabbed her, carried her in back and tried to rape her. . . . DY [Dina Ybañez] came home and got out of the car and he (CH [Carlos Hernandez]) pulled me out of the car. Put knife on my neck. Then she was still. He wanted sex.").

66.

James S. Liebman's Notes of Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 3 ("When CH [Carlos Hernandez] attacked DY [Dina Ybañez]: CH went into pocket and came out with knife. Buck knife. She was fighting him and—didn't feel stabbing. Grabbed his knife. Big, but it folded. Buck knife—she cut her hand and threw it away. He grabbed it again and turned her over. She's yelling and kids came.").

67.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:28:25–03:31:21:

The day that he stabbed me . . . Carlos got out of the, from the back, and he just went up to me and put a knife on my neck. And I didn't do nothing, I just let him do whatever because I didn't want to get hurt. He had it right there [points to neck]. So [when] he took the knife off my neck . . . I started fighting with him, and I don't remember anything after that. I guess he took it [the knife] out again and he stabbed me with it. I took the knife from him and cut my fingers. And then my little boy came out and he started hitting Carlos on the back with a stick. And he started running away. Carlos ran.

James S. Liebman's Notes of Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 3 ("When CH [Carlos Hernandez] attacked DY [Dina Ybañez]: CH went into pocket and came out with knife. Buck knife. She was fighting him and—didn't feel stabbing. Grabbed his knife. Big, but it folded. Buck knife—she cut her hand and threw it away. He grabbed it again and turned her over. She's yelling and kids came.").

Peso Chavez's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 3 ("I remember him turning me over and I knew he was going to carve an 'X' on my back the way he did that girl. If it had not been for my boys who came to my rescue we would not be talking about this today because he would have killed me.").

68.

Dina Ybañez, Neighbor of Carlos Hernandez, Statement to Corpus Christi Police Dep't (Apr. 16, 1989) at 1 ("He [Carlos Hernandez] was going to stab me one more time when my son Andy picked up a big stick and hit Carlos on the head. Carlos did not stop. At this time, my older son Johnny (14YOA) came out of my house with a kitchen knife to save me and Carlos let me go and started running.");

Peso Chavez's Notes on Interview with Johnny Ybañez, Neighbor of Carlos Hernandez (Aug. 4, 2004) at 2 ("On the night that Carlos Hernandez stabbed Dina Ybanez; Johnny was asleep and was woken by Cindy who informed him of the stabbing. When he went to the aid of his mother she was sitting down holding her stomach and blood was everywhere. The police arrested Mr. Hernandez immediately.").

69.

Dina Ybañez, Neighbor of Carlos Hernandez, Statement to Corpus Christi Police Dep't (Apr. 16, 1989) at 1 ("My son Andy (12 YOA) ran inside and called the police. The police got there and I told them what happened.").

70.

M. DeLeon, Corpus Christi Police Officer, Supplementary Report (Apr. 15, 1989) at 1 ("Before arriving at the scene a BOLO ["be on the lookout"] was put out on the description of the suspect. The BOLO described the suspect as being a 34 yoa Hispanic male with a moustache, wearing a brown t-shirt and blue jean jacket.").

71.

M. DeLeon, Corpus Christi Police Officer, Supplementary Report (Apr. 15, 1989) at 1:

About that time [after hearing the BOLO] we saw a suspect matching the description walking at Buford and 3rd St. Upon making contact with the suspect [Carlos Hernandez] we found him to be the same suspect wanted for the stabbing at 1914 7th St. The suspect was then arrested and taken to City Jail. The knife that was found on the suspect was then tagged at the City Jail for evidence (#23195). The blood stained blue jean pants that the suspect was wearing were photographed by I.D. Technician . . . and were then tagged as evidence (#23197). The knife was found in the back right blue jean pant pocket. . . .

See James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 2 ("My two oldest boys took a stick and beat him on the head on a soft spot. I fell on the porch. CH took off running and the little boy followed him to Maverick Market [where he was arrested].").

72.

[First name unknown] Kearney, Corpus Christi Police Officer, Supplementary Report (Apr. 15, 1989) at 1 ("Upon our arrival we saw the victim [Dina Ybañez] sitting on her steps holding her stomach. She had a cloth in her hand, trying to stop the blood. Victim advised us that the above suspect [Carlos Hernandez] had stabbed her and left on foot north from that location. She gave us a description of the suspect and suspect was located at 3rd and Buford.");

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:29:38 ("And Cindy didn't want to call the police, because she didn't want to get Carlos in trouble. So I was just there bleeding. When they took me in I was already, like, [passed] out.");

Peso Chavez's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 1 ("Dina told me that Carlos Hernandez stabbed her with a knife and her guts came completely out—he was going to rape her. He was a very bad man.");

Peso Chavez's Notes on Interview with Johnny Ybañez, Neighbor of Carlos Hernandez (Aug. 4, 2004) at 2: ("On the night that Carlos Hernandez stabbed Dina Ybanez; Johnny was asleep and was woken by Cindy who informed him of the stabbing. When he went to the aid of his mother she was sitting down holding her stomach and blood was everywhere.").

73.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 04:11:55 ("I had emergency surgery because I bled a lot, and part of my [indicates stomach] was sticking out . . . .");

Peso Chavez's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 1 ("Dina told me that Carlos Hernandez stabbed her with a knife and her guts came completely out—he was going to rape her. He was a very bad man.").

74.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:29:38 ("And Cindy didn't want to call the police, because she didn't want to get Carlos in trouble. So I was just there bleeding. When they took me in I was already, like, [passed] out.").

75.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:21:59 ("I was like emergency surgery because I lost a lot of blood because Cindy didn't want to call the cops, because she didn't want Carlos in trouble. So she let me stay there until I was [passed] out. And it's big, do you want to see? [lifts up shirt, revealing a scar that runs from belly button to sternum] That's what he did to me.").

76.

Kearney, Corpus Christi Police Officer, Supplementary Report (Apr. 15, 1989) at 1 ("Upon our arrival we saw the victim [Dina Ybañez] sitting on her steps holding her stomach. She had a cloth in her hand, trying to stop the blood. Victim advised us that the above suspect [Carlos Hernandez] had stabbed her and left on foot north from that location. She gave us a description of the suspect and suspect was located at 3rd and Buford.").

77.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:29:38 ("And Cindy didn't want to call the police, because she didn't want to get Carlos in trouble. So I was just there bleeding. When they took me in I was already, like, [passed] out. But I remember that they got Carlos at the store. And he said he had a blackout, like always. He was always claiming blackouts.");

see also Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:46:13 ("But, every time he [Carlos Hernandez] would do something wrong he would claim blackouts, and he would get away with everything for that.").

78.

Carlos Hernandez, Statement to Corpus Christi Police Dep't (Apr. 15, 1989) at 15 ("I stabbed Bernardina 'Dina' Ybanez in the stomach with my little buck knife. The fight was with another guy that had threatened me before but I couldn't see his face. Bernardina got in the way and I didn't mean to stab her. She was trying to stop the fight and got stabbed in the stomach.").

79.

[First name unknown] Kearney, Corpus Christi Police Officer, Supplementary Report (Apr. 15, 1989) at 1 ("Witness #1 [Dina Ybañez] advised that the suspect [Carlos Hernandez] and victim got into a verbal confrontation over the use of the victim's vehicle. The suspect then stabbed the victim once in the stomach and left the scene on foot.").

80.

See supra Chapter 1, notes 27–28 and accompanying text.

81.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:42:10 ("If it wasn't for my little boys I would have been dead too. He already had me on my back.").

82.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:21:59 ("I was like emergency surgery because I lost a lot of blood because Cindy didn't want to call the cops, because she didn't want Carlos in trouble. So she let me stay there until I was [passed] out. And it's big, do you want to see? [lifts up shirt, revealing a scar that runs from belly button to sternum] That's what he did to me.");

Peso Chavez's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 3 ("According to Ms. Ybanez, she still suffers physically and mentally from this incident. She stated, 'I don't recall how long I was in a coma but he did a lot of damage to my insides which I still suffer to this day from.'").

83.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:21:59 ("I was like emergency surgery because I lost a lot of blood because Cindy didn't want to call the cops, because she didn't want Carlos in trouble. So she let me stay there until I was [passed] out. And it's big, do you want to see? [lifts up shirt, revealing a scar that runs from belly button to sternum] That's what he did to me.");

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 04:11:55 ("I had emergency surgery because I bled a lot, and part of my [indicates stomach] was sticking out. . . . I couldn't use the restroom. I still have trouble eating. . . . Everything makes me sick, and I get a lot of cramps and pains to my stomach. To this day. So, I'll never forget it. I ain't got no feelings in my fingers. And every time I see my stomach I see his face. But it was very painful.").

84.

See supra note 83.

85.

Indictment, Texas v. Carlos Hernandez, No. 89-CR–957-H (Nueces Cty., 105th Dist. Tex. Apr. 21, 1989) at 1 ("Carlos Hernandez, defendant, on or about April 15, 1989, in Nueces County, Texas, did then and there intentionally and knowingly cause bodily injury to another, Bernardina Ybanez, by stabbing her in the stomach with a knife, which in the manner of its use and intended use was capable of causing serious bodily injury and death against the peace and dignity of the State.").

86.

See supra Chapter 15, notes 215–228, 231–238 and accompanying text.

87.

Jail Release Form With Fingerprints, Corpus Christi Police Dep't (Apr. 17, 1989) at 1;

Felony Bail Bond Before Indictment, Texas v. Carlos Hernandez, No. 89-CR–957-H (Nueces Cty., 105th Dist. Tex. Apr. 21, 1989) at 1;

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:59:53–04:00:34 ("He [Carlos Hernandez] was arrested that night. And he was out before I even got out of the hospital. And he never went back to jail [before he was sentenced to prison in October 1989]. And then Cindy said they were going to have a hearing, so I showed up that day for that hearing and they said, 'that's it.' That it was over. So, I don't know, but I know they didn't do nothing to him. He had a good lawyer. And I didn't. I didn't have no money.").

88.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004), at 04:06:19–04:07:04 ("He [Carlos Hernandez] did tell me he was going to make sure I died, because I wasn't going to be alive to testify against him. He did try again, but then his lawyer made an agreement with me, I signed a paper that Carlos would leave me alone, but he didn't. Still he didn't leave me alone. He kept on bothering me.");

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 2 ("Later CH came back and said, I'm going to make sure you die.").

89.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 04:06:19–04:07:04;

Peso Chavez's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 3:

According to Ms. Ybanez, Carlos did not go to prison immediately and was out on the streets shortly after stabbing her. She stated, "I had to move numerous times and each time Carlos would find me. He was obsessed and told me 'I am going to make sure your [sic] going to die.' I thought he would kill me for sure so I had to move from place to place and each time he found me." Between the times Mr. Hernandez stabbed Ms. Ybanez and the time he went to prison she encountered him on a number of occasions. According to her she never called the police because they never did anything to protect her. On one occasion Mr. Hernandez was trying to break through the front door and one of her boys got a knife and started to stab his arm. Mr. Hernandez pulled out a knife and was going to stab him [her son] but Ms. Ybanez had the phone in her hand and told him the police were on there [sic] way. Another time, Mr. Hernandez grabbed her by the neck and started choking her. A person by the name of Valentino stopped him . . . . Ms. Ybanez stated, "Things were so bad with this man that I finally had to move to San Antonio to get away from him. What he has done had an impact on my two oldest boys—they grew up with a lot of anger and they never received any professional help as they desperately needed."

90.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:29:38–03:31:21 ("And then another time he came over to the house, because I didn't move right away. I wasn't working, nobody wanted to help me. My little boy chased him [Carlos Hernandez], he [my son] was thirteen years old, and stabbed him in the back, because he didn't want to leave me alone until I moved to San Antonio. It was like three times that he came bothering me after that, after he stabbed me. He was very violent.");

Peso Chavez's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 3;

Peso Chavez's Notes on Interview with Johnny Ybañez, Neighbor of Carlos Hernandez (Aug. 4, 2004) at 2 ("[Hernandez] continued coming around the neighborhood—I think he lived in the area. One day he was down the street waving a knife around trying to scare us. I got a knife from the house and I went over to him and stabbed him with it 10 times. He was bleeding and everything but he never stabbed me back.").

91.

Peso Chavez's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 3 (quoted supra note 89).

92.

Acknowledgement of Guilty Plea, Texas v. Carlos Hernandez, No. 89-CR–957-H (Nueces Cty., 105th Dist. Tex. Oct. 9, 1989);

see Biography of Mark Skurka, Texas A&M University at Corpus Christi, http://rattler.tamucc.edu/Syllabi_Courses/CV/Skurka_Mark.pdf (last visited May 11, 2012) (indicating that Skurka graduated from law school in 1986 and immediately went to work for the District Attorney's office where he remained employed until being elected District Attorney in 2010); Website for Attorney Grant Jones, http://www.grantjones.net (last visited Mar. 4, 2012) (indicating that Grant Jones's tenure as Nueces County District Attorney extended from 1983 to 1991).

93.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:59:53–04:00:34 ("He [Hernandez] was arrested that night. And he was out before I even got out of the hospital. And he never went back to jail [before he was sentenced to prison in October 1989]. And then Cindy said they were going to have a hearing, so I showed up that day for that hearing and they said, 'that's it.' That it was over. So, I don't know, but I know they didn't do nothing to him. He had a good lawyer. And I didn't. I didn't have no money.");

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 04:07:15–04:08:01:

It was a court date, so I showed up that morning for court. And when I went upstairs and I asked, where do they have Carlos Hernandez up here, because he stabbed me, and things like that, and they said that it was already settled. And I told them, "Why?" I wanted to be there. I wanted to be there when they, you know, to see what they do to him, because I was the one that got hurt. They said it's been settled already. I said, he hurt me, he hurt other people, you're still going to bother with him? And they said, "It's been settled ma'am. There's nothing we can do." And that's it. He didn't even have to show up. It was just the lawyer and the judge and that's it.

94.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 04:07:15–04:08:01 (quoted supra note 93).

95.

See supra note 93.

96.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:59:53–04:00:34.

97.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 04:06:19–04:07:04 ("He [Carlos Hernandez] did tell me he was going to make sure I died, because I wasn't going to be alive to testify against him. He did try again, but then his lawyer made an agreement with me, I signed a paper that Carlos would leave me alone, but he didn't. Still he didn't leave me alone. He kept on bothering me.");

James S. Liebman's Notes of Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 2–3 ("DY [Dina Ybañez] signed paper for John Kelley [sic—Jon Kelly]. . . . DY signed paper for Mr. Kelley. He promised me that if I signed it, CH [Carlos Hernandez] would stop coming after me and it would get my son out of trouble for stabbing CH, son is age 13. Signed something saying 'passionate love,' 'heat of passion.'").

For case law revealing that the "heat of passion" partial defense continued to be applied in the manner described in text in the late 1980s, see, e.g., Victoria Nourse, Modern Law Reform and the Provocation Defense, 106 Yale L.J. 1331, 1331–34, 1337–38, 1384 (1987) (defining the "heat of passion" partial defense and finding that courts and juries often allowed the defense in cases involving homicides committed by a man against a woman with whom he had been, or wanted to be, romantically involved who then tried to end, or declined to enter into, that relationship).

98.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 04:06:19–04:07:04;

James S. Liebman's Notes of Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 2–3;

see also Victoria Nourse, Modern Law Reform and the Provocation Defense, 106 Yale L.J. 1331, 1339–40, 1344 (discussed supra note 96).

99.

Judgment on Plea of Guilty, Texas v. Carlos Hernandez, No. 89-CR–957-H (Nueces Cty., 105th Dist. Tex. Apr. 21, 1989).

100.

See supra Chapter 15, notes 240–241 and accompanying text.

101.

See supra Chapter 15, note 250 and accompanying text.

102.

See supra Chapter 15, notes 191–192 and accompanying text.

103.

Certificate of Parole for Carlos Hernandez, Tex. Bd. Of Pardons and Parole (May 20, 1991) at 1.

104.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:33:47–03:34:15 ("I had to move out of town. He wouldn't leave me alone. Every time he would see me, he would say that 'I didn't get rid of you the last time, but the next time I'm going to make sure you die.' I still get nightmares.").

105.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:33:47–03:34:15;

see Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:29:38–03:31:21 ("[Hernandez] didn't want to leave me alone until I moved to San Antonio. It was like three times that he came bothering me after that, after he stabbed me. He was very violent.");

Peso Chavez's Notes of Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 3 ("Things were so bad with this man that I finally had to move to San Antonio to get away from him. What he has done had an impact on my two oldest boys—they grew up with a lot of anger and they never received any professional help as they desperately needed.");

Peso Chavez's Notes on Interview with Johnny Ybañez, Neighbor of Carlos Hernandez (Aug. 4, 2004) at 2 ("After that I never really saw much of him because we kept moving around and finally we moved to San Antonio. I think the reason he stabbed my mom is because he wanted to be with her and she didn't want him. At the time he was with Gilbert [Limon]").

106.

See supra Chapter 9, notes 39–40 and accompanying text.

107.

See supra Chapter 9, notes 41–43 and accompanying text.

108.

Susan Montez's Notes on Interview with Cindy Maxwell, Girlfriend of Carlos Hernandez (July 22, 2004) at 4 ("He did not want to meet with his parole officer. That woman really had it in for Carlos. She wanted him to be locked up. Cindy does not remember her name, but she was a tall white woman. Carlos went to prison in 1995 [sic—1996]. Cindy was not sure how long his sentence was for. She could not understand it at all. She thought it was because his parole officer wanted him locked up.").

109.

Tex. Dep't of Criminal Justice, Clemency and Parole System Records for Carlos Hernandez (Aug. 13, 2004) at 2 ("9–26–1996 Currently An Inmate . . . . Parole Violator").

110.

O. Fulton, Field Arrest Report, Nueces County Sheriff's Dep't, (filed Jan. 12, 1996) ("We were dispatched to the above location in reference to a disturbance w/ a knife. Upon arrival we contacted the suspect [Carlos Hernandez] who had been threatening other residents of the above location and was carrying a concealed knife.").

111.

Investigator's Report of Custodial Death, Tex. Dep't of Criminal Justice (May 6, 1999) at 1.

112.

Social and Criminal History for Carlos Hernandez, Tex. Dep't of Corrections (Mar. 15, 1990) at 1 (indicating that Hernandez's ten-year sentence for his 1989 assault of Dina Ybanez ended on Oct. 1, 1999);

see also Inmate Release Report for Carlos Hernandez, Tex. Bd. of Pardons and Parole (May. 30, 1997) at 1 (indicating that Carlos Hernandez's sentence would have expired on Oct. 1, 1999).

113.

See supra Prologue, notes 35–36 and accompanying text.

114.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 04:12:53–04:13:30 ("Q. When you think of Carlos Hernandez today, what do you think? A. I don't feel sorry for him. I'm glad he's dead. He won't hurt nobody else no more. That's what I think about him. If you had asked me this years ago maybe I could have saved Carlos DeLuna, because he was innocent.").

115.

See supra note 114.

116.

See supra note 114.