Figure 6: (Left) Carlos DeLuna at the police station immediately after his arrest for the murder of Wanda Lopez. (Right) Carlos DeLuna in July 1983.
Aguirre also had a problem in court when asked who he'd seen at the gas station. At the same pretrial hearing where Julie had testified, a prosecutor named Schiwetz asked Aguirre to point out the man he'd seen with a knife. DeLuna was sitting between his two lawyers at a table a few feet away. Schiwetz asked:
Do you see him in the courtroom today?
A. I'm not too sure. I can't—
Q. I want to direct you to the man sitting in between the two lawyers over here. Do you know whether or not that's the man you saw that night?
A. It's been a while. I couldn't—
Q. Can't say?
A. I can't say.
Q. Fair enough.111
In the end, only Baker testified in court that he saw DeLuna at the gas station that night.
George Aguirre, Witness to Events Outside Shamrock Gas Station, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 22.