HRLR
Los Tocayos Carlos
Chapter 5
Page: 8 of 17
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All Chapter 5 Footnotes

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Figure 12: Rose and Carlos DeLuna, late–1970s.

“If you would have known Carlos [as a teenager], he was very cocky, and always played this tough guy,” Rose said. But “in reality, he wasn’t anything like that. When you went one-to-one with him, he was the nicest person.”132

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Carlos’s clothes and his hair were a big part of his image. “Carlos would never wear blue jeans,” Rose recalled. He “would never wear . . . flannel . . . shirts, sweats, flannel jackets, never.” He always wore pressed slacks and long-sleeved dress shirts. “He always looked nice, dressed nice all the time.”133 His pants were “polyester,” she said, “longer on the bottom of the legs, like bell-bottom pants.”134 “You would never see him but with black slacks,” she said. He liked black because it made him look thinner135 and platform shoes, to make him look taller.136

Describing Carlos’s shirts, Rose said it was “[a]lways . . . a dress shirt, always long-sleeved dress shirts, with the big [cuffs] around here (points to her wrists) and the long collars around here (points to her neck).” His shirt was “always . . . tucked” and unbuttoned “three or four buttons down.”137 “You never saw him in a T-shirt.”138 When he was younger he wore bright colors, but later he preferred white dress shirts — he had a closet full of them, a closet full of white shirts and black pants.139

Carlos kept his wavy hair long and stylish, a comb at the ready. “Always kept” his hair “neat,” Rose recalled. “Always kept his appearance neat. Always shaved and cleaned.”140

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Twice after leaving school, Carlos had more psychological evaluations. Both of their findings were the same: low intelligence, higher “social” functioning, and pathetically obvious efforts to con the evaluator to hide what he could and couldn’t do.

Roland J. Brauer, Ph.D., ran a battery of tests on Carlos at a juvenile facility when Carlos was sixteen, noting a sharp discrepancy between Carlos’s “dull-normal” intellectual functioning and stronger “social awareness and social reasoning.”141 He reported that Carlos was “manipulative” during the exam—trying to “‘con’” him about eye problems and headaches. Given Carlos’s “dull thinking,” however, the “manipulations” were “very transparent.”142

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:23:24–20:24:25.

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 21:03:06–21:03:35, 21:39:27–21:40:00 (“Q. When Carlos became an adult, how did he dress? A. Carlos always dressed nice.”; “Carlos would never wear blue jeans. Carlos would never wear sneakers, T-shirts, flannel clothes, flannel T-shirts, sweats, flannel jackets, never. He always wore slacks, black, long-sleeved dress shirts. He always looked nice, dressed nice all the time.”);

Susan Montez’s Notes on Interview with Rose Rhoton, Sister of Carlos DeLuna (July 19, 2004) at 1, 3–4 (“[Carlos] dressed neat. One thing—Carlos always wore dark slacks, large long-sleeved button up [shirt], unbuttoned.”; “Carlos never wore jeans. Never wore flannel shirts. Never wore sweatshirt. Carlos . . . wore shoes to make him taller.”; “Never saw Carlos in jeans and sweatshirt.”).

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 21:03:37–21:04:34 (“He would wear the polyester pants, the pants that were kind of longer on the bottom of the legs, like bell-bottom pants.”);

Susan Montez’s Notes on Interview with Rose Rhoton, Sister of Carlos DeLuna (July 19, 2004) at 3 (“One thing—Carlos always wore dark slacks, large long-sleeved button up [shirt], unbuttoned.”).

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 21:04:55–21:05:12 (“You would never see [Carlos] but with black slacks. Black was his favorite, made him look thinner . . . .”);

see Lucinda Garcia, Sentencing Witness Against Carlos DeLuna, Sentencing Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 21, 1983) (describing Carlos DeLuna’s clothes when he arrived at her home for a party he attended: “black slacks”; “long-sleeve . . . light blue dress shirt” made of “real fine material”);

Connie Campos, Sentencing Witness Against Carlos DeLuna, Sentencing Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 21, 1983) at 34, 36 (giving similar description).

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005), at 21:03:06–21:04:34 (“[Carlos] always wore platform shoes, the heels were always about that big (indicates about 5 inches with her fingers) . . . .”; “He wasn’t very tall man, so he always wanted to look taller.”);

Susan Montez’s Notes on Interview with Rose Rhoton, Sister of Carlos DeLuna (July 19, 2004) at 3 (“Carlos . . . wore shoes to make him taller”).

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 21:03:37–21:04:45 (“Always had his shirt tucked in. Either tucked in or tucked out. If he was real heavy, he had it tucked out. If he was thinner, he had it tucked in. . . . He always wore . . . [dress shirts] with long collars and open shirts, long sleeves.”; “Q. And those shirts that he wore, were they T-shirts or were they— A. They were dress shirts. You never saw him in a T-shirt. Always had a dress shirt, always long-sleeved dress shirts, with the big collars around here (points to her wrists) and the long collars around here (points to her neck)Always had it three or four buttons down.”);

Susan Montez’s Notes on Interview with Rose Rhoton, Sister of Carlos DeLuna (July 19, 2004) at 1, 3–4 (“[Carlos] dressed neat. One thing—Carlos always wore dark slacks, large long-sleeved button up, unbuttoned.”; “Carlos never wore jeans. Never wore flannel shirts. Never wore [a] sweatshirt.”; “Never saw Carlos in jeans and sweatshirt.”).

Sources cited supra note 137.

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 21:04:45–21:01:12 (“Q. You told me at one point that, if you went to his closet and looked in there you’d see, tell me what kind of clothes you’d see. A. He always had long-sleeved shirts, always nice shirts. You would never see him but with black slacks.”).

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 21:03:06–21:03:35 (“He had longer hair, always kept it kind of bushy, wavy, longer, kept it neat. Always kept his appearance neat, always shaved and cleaned.”);

infra notes 175, 181, 188–191 (describing the contents of Carlos’s pockets on the many occasions when he was arrested, which almost always included a comb).

Letter from Roland J. Brauer, Ph. D. to Martineau Juvenile Shelter Regarding Carlos DeLuna (June 27, 1978) at 1:

Tests Administered: Wechsler Intelligence Scale for Children-Revisited, Sentence Completion, Draw-A-Person, Bender-Gestalt, Cornell Medical Index, Jr.-Sr. High School Personality Questionnaire. . . . Test Results: . . . Results of the WISC-R indicate that Carlos is presently functioning within the dull-normal range on the verbal portion and within the average range on the [non]-verbal or performance portion of the test. . . . The difference between the verbal and performance scores is significant. It reflects the bilingual background that Carlos has as well as Carlos’ tendency to have minimally involved himself in scholastic areas. For example, his lowest scores were on tasks measuring long-term memory, information that is gained through reading and involvement in school related areas, and on verbal analogies, a task that measures both vocabulary and verbal fluency. He functioned within the bright-normal range on tasks measuring . . . social awareness and social reasoning.

Letter from Roland J. Brauer, Ph.D. to Martineau Juvenile Shelter Regarding Carlos DeLuna (June 27, 1978) at 1:

Test Results: . . . Almost from the time he first began to be tested, Carlos appeared to be attempting to “con” the examiner. For example, he said that he had some eye problems that caused him headaches and eye pain, and needed medical attention. . . . In general his behavior appeared to be quite manipulative. . . . Results of personality testing reflect a boy who exhibits massive denial as far as any serious problems are concerned. Most of his energies were geared to manipulate his way out of the unpleasant surroundings (detention). However, his manipulations tend to be very transparent. . . . He exhibits dull-thinking, is undemonstrative and generally appears easy going and sees himself as somewhat sensitive and serious. . . . He attempts to manipulate people in a fairly transparent fashion. If his manipulations weren’t so obvious, he could be a pleasant boy to be around.

Chapter 5
Page: 8 of 17