HRLR
Los Tocayos Carlos
Chapter 5
Page: 5 of 17
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All Chapter 5 Footnotes

“I told her, ‘Okay, I’ll look after him,’” Rose said. She knew her mother asked her and not any of the other siblings because Carlos was especially close to her.99

A precise and dignified woman, Rose is not given to shows of emotion. But when she recalled the promise she had made to her mother, she broke down and cried. “I couldn’t help him,” she sobbed. “I did not know how to help him. . . . And I blame myself. . . .”100

* * * * *

Rose believed her brother when he told her and others in the family that he didn’t kill Wanda Lopez.101 “My brother Carlos could not do such a crime,” Rose told the investigators firmly.102 “Could he steal? Yeah, he stole. Could he do drugs? Yeah, he did drugs. I know all that. But he could never . . . kill anyone.”103

“Growing up as kids,” she explained, “my brother was afraid of the dark. That tells you something . . . . He was afraid of the dark.”104

“[Carlos] and I had a paper route,” she recounted. “We rolled up papers and we would go throw them out early in the morning.” On their morning route, there was “a Chihuahua [dog] this big,” Rose said putting her hands about a foot apart. And Carlos “was afraid of that Chihuahua . . . . Thirteen-year-old boy afraid of a Chihuahua this big. So I know my brother couldn’t commit such a crime . . . I know dead in my heart that he couldn’t commit such a crime. And I feel horrible that I could not help him in any way.”105

All of the siblings were shocked when they heard about Carlos’s arrest for murder. They knew he’d been a wild teenager, but they couldn’t believe he’d knife a woman to death.106 Carlos’s half-sisters remember him as a good kid—“well behaved,” in Vicky’s recollection, “gentle and loving,” in Mary’s.107

See sources cited supra note 99 and accompanying text.

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005), at 20:32:36–20:33:28:

He [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.

See also Transcribed Videotape Interview with Vicky Gutierrez, Half-Sister of Carlos DeLuna, in Garland, Texas (Feb. 27, 2005) at 00:23:17–00:23:52 (Carlos “was always saying he didn’t do it. That they were going to execute him. That’s all he would say, he said that he didn’t do it.”);

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005), at 20:48:24–20:49:41 (“At the end, Carlos . . . said, ‘Whatever happens, happens. But I did not commit this crime. I want you to know that.’ I told him, ‘Oh, I know that.’ I just did not know how to help him. I didn’t know. I didn’t know what to do.”).

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 19:59:44–20:02:58, 21:26:52–21:27:45 (“Carlos DeLuna is not the person they said committed this crime. My brother Carlos could not do such a crime. I know that for a fact and still believe that. I believe that my brother was executed wrongfully. He wasn’t given a chance. And he didn’t commit this I know that. Could he lie? Yes, he lies, he lied. Could he steal? Yeah, he stole. Could he do drugs? Yeah, he did drugs. I know all that. But he could never hurt anyone. Not kill anyone.”; “[M]y brother did not commit that crime. Carlos didn’t commit it. I know that.”);

see also Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:38:57–20:39:50 (“But [Carlos had] another side too, as far as stealing, and lying, and sniffing paint.”).

See sources cited supra note 102 and accompanying text.

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 19:59:44–20:02:58 (“As growing up as kids, my brother was afraid of the dark. That tells you something about a person. He was afraid of the dark.”).

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 19:59:44–20:02:58 (“And growing up as kids we had a paper route, he and I had a paper route. We rolled up papers and we would go throw them out early in the morning. He was afraid of a Chihuahua this big. 13-year-old boy afraid of a Chihuahua this big. So I know my brother couldn’t commit such a crime that they say that he did. I know that dead in my heart that he couldn’t commit such a crime.”);

see James S. Liebman’s Notes on Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 17, 2004) at 1–2, 4 (“Carlos DeLuna as kid: good kid, until met Ida Sosa. Then life changed. Before that he played. Scared of dogs.”).

Transcribed Videotape Interview with Vicky Gutierrez, Half-Sister of Carlos DeLuna, in Garland, Texas (Feb. 27, 2005) at 00:06:30–00:06:55 (“I never thought that Carlos would do something like that. It was a shock to me when I heard what happened. I know he was a crazy kid that goes out with his friends and stuff like that. But killing? I don’t think he would. It was something I couldn’t believe.”);

Susan Montez’s Notes on Interview with Mary Arredando, Half-Sister of Carlos DeLuna (July 26, 2004) at 4 (“No one could believe it when Carlos was arrested for murder.”).

Transcribed Videotape Interview with Vicky Gutierrez, Half-Sister of Carlos DeLuna, in Garland, Texas (Feb. 27, 2005) at 00:08:00–00:08:19 (“They were very nice kids. They would listen to us. We would take them to the movies, anywhere we wanted to go we would take them. They behaved. They were well-behaved.”);

Susan Montez’s Notes on Interview with Mary Arredando, Half-Sister of Carlos DeLuna (July 26, 2004) at 3 (“Mary remembered when she, Vicky and Becky were dating. They couldn’t leave the little kids alone, so each sister would pick one child and take them on her date. She laughed about this and said it wasn’t that bad. She often picked Carlos. Mary remembered Carlos as a good boy that was kind and gentle and loving.”);

see also Susan Montez’s Notes on Interview with Toni Peña, Half-Sister of Carlos DeLuna (July 25, 2004) at 3 (Carlos’s half-sister “Toni remembered Carlos as very loveable.”).

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:30:42–20:32:34:

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.

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:48:24–20:49:41, 21:17:23–21:18:30 (“I just did not know how to help him. I didn’t know. I didn’t know what to do.”; “I blamed myself for the longest time. How could I have helped him? If I could have been just a little bit—If I could have been smarter and more educated I could have helped him. I just did not know how to help him. I did not know what to do.”).

Chapter 5
Page: 5 of 17