HRLR
Los Tocayos Carlos
Chapter 6
Page: 6 of 17
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All Chapter 6 Footnotes

Rosa Anzaldua was the exception. She fought back. Rosa was with Carlos as far back as 1980, two years before they married in May 1982. Like other women before and after her, she was the object of his abuse.118 Eventually, though, she got tired of the black eyes and swollen lips. One night when Carlos was complaining about dinner being late, Rosa grabbed a pot of boiling water off the stove and threw it on her husband, scalding him badly.119 Rosa left Carlos in October 1983, about six months after Wanda Lopez died.120

A month after Rosa left, Carlos came to her house with an axe. Threatening to kill Rosa and her children, he shoved the axe handle into her chest. Before leaving, he smashed a window with a metal bar, shattering glass over the sleeping children, one of whom was his own son Jesus.121 The next day, Rosa filed for divorce and a restraining order, citing Carlos’s “violent and ungovernable temper.”122

* * * * *

Hernandez’s knife was an important part of his violent aura. Carlos always carried a knife, Freddy recalled. “I can’t ever recall him not having one. . . . [If] he thought something was going to happen, he’d pull a knife out.”123

It was a “pretty big knife . . . that he carried around all the time,” Carlos’s niece Pricilla recalled. “It wasn’t just a small little pocket knife. It was a pretty good sized, thick knife.”124 “It was real big,” one of the Hernandez neighbors agreed. “It was one that you could just hit it like that and it would open right away.”125 Although Hernandez was on parole from prison his entire adult life and not allowed to carry a weapon, even his mother described him as always having a knife.126

Shown the photograph of a knife in Figure 15 below, Carlos Hernandez’s lawyer Jon Kelly had the same reaction as others: “Yes. He [Carlos Hernandez] had that all the time.” Even in the presence of his lawyer, “he had that on him quite often, I’d say.”127

People remember Carlos obsessively “sharpening his buck knife,”128 “sitting out there on the sidewalk and playing with it or showing it off,”129 “throwing it at trees,” 130 “brandish[ing] it . . . in front of [his nephews]” and showing them how fast he could “flip it out,"131 talking to it,132 even cutting his own chest and stomach with it “like a rooster getting ready to fight.”133

In this and in other ways, Carlos Hernandez was oddly a man of regular habits. He always carried a knife, and it was always the same kind and color: a lock-blade buck knife with a brown fake-wooden handle, brass-colored rivets and trim on the top of the handle and on the bottom, near the lever that locked the blade open or closed.134

Shown the photograph in Figure 15 without knowing its source, several former girlfriends, relatives, neighbors, knifing victims, and other associates of Carlos Hernandez during the 1970s, ‘80s, and ‘90s identified it in interviews many years later as the kind Carlos always carried.135 “Yeah, that’s the knife,” was how his nephew John Michael put it.136

Asked if she’d seen the photograph before, Margie Tapia answered immediately: “No, but I can tell you what it is. . . . Carlos Hernandez’s knife,” she said. The one she used to see all the time, the one Carlos obsessively sharpened and put to bed at night. She was sure of it.137

Margie and the others didn’t know it, but they were looking at a police photograph of the weapon used to stab Wanda Lopez to death.138

image

Figure 15. The photograph of a knife shown to associates of Carlos Hernandez in interviews in 2004 and 2005. The photograph was taken by police at the Sigmor Shamrock gas station on February 4, 1983.

* * * * *

Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1036 (testifying that Rosa is his girlfriend);

Pet. for Divorce, In The Matter of the Marriage of Rosa Anzaldua Hernandez and Carlos Hernandez, No. 83–5525-H (Nueces Cty. Ct., 347th Judicial Dist. Nov. 7, 1983) at 2 (“The parties were married on or about May 5, 1982, and ceased to live together as husband and wife on or about October 7, 1983. The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.”).

See Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:33:05 (“Her name was Rosa Anzaldua. God, man, I used to see her, one day she’d be real nice, the next day she’d be with a black eye and a busted lip. Till one day she just got tired of it. He came home from work, bitching about ‘What’s for dinner,’ and stuff like that. Rosa went in the kitchen and cooked something for him. She cooked some hot water, poured it on his ass. Burnt all over, all this, on him. Major burns.”);

James S. Liebman’s Notes on Interview with Pricilla Jaramillo, Niece of Carlos Hernandez (Dec. 3, 2004) at 1 (describing incident in which Rosa poured hot water on Pricilla’s uncle Carlos Hernandez);

Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 4 (“Rosa (LNU) was either married to Mr. Hernandez or lived together. They had a child from this relationship. According to Mr. Schilling, Rosa was so scared of Carlos that one day she poured boiling water on his chest. He was hospitalized for 3 months.”).

Pet. for Divorce, In The Matter of the Marriage of Rosa Anzaldua Hernandez and Carlos Hernandez, No. 83–5525-H (Nueces Cty. Ct., 347th Judicial Dist. Nov. 7, 1983) at 2 (“The parties were married on or about May 5, 1982, and ceased to live together as husband and wife on or about October 7, 1983.”).

Compl., Texas v. Hernandez, No. 85806–2 (Nueces Cty. Ct. No. 2 Nov. 8, 1983):

Carlos Hernandez did then and there unlawfully and knowingly cause bodily injury to Rosenda Anzaldua by holding an axe handle with both hands; by then and there pressing said axe handle against the chest of said Rosenda Anzaldua; and by then and there applying force to said axe handle as said axe handle was in contact with the chest of said Rosenda Anzaldua. . . . Carlos Hernandez damaged a window by breaking it out with a metal bar, which caused glass to fall on a child of Rosenda Anzaldua sleeping in a bed by the window; Carlos Hernandez threatened to kill both Rosenda Anzaldua and her three (3) children, ages 8, 6, and 2.

Social and Criminal History of Carlos Hernandez, Jr., Texas Department of Corrections, Huntsville, Tex., (Mar. 15, 1990) (“Marital History . . . X/WIFE Rosa (Lada) . . . SON Jesus Hernandez/1981/Same as MO”);

see Miscellaneous Criminal Records of Carlos Hernandez (1980–1996) at 69–86 (containing the complete file on the criminal case against Hernandez based on his assault on Rosa Anzaldua, revealing, among other things, that the judge who presided over the case was Hector DePeña, Sr., father of Hector DePeña, Jr., who represented Carlos DeLuna at his trial for the murder of Wanda Lopez).

see also Sita Sovin & Lauren Eskenazi’s Notes of Interview #2 with Fidela Hernandez, Mother of Carlos Hernandez (Sept. 15, 2004) at 5 (“Fidela heard that Carlos was married with Rosa, a woman in Alameda. Carlos had a son with her that looks like him.”);

Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 4 (“Rosa (LNU) was either married to Mr. Hernandez or lived together. They had a child from this relationship.”).

Pet. for Divorce, In The Matter of the Marriage of Rosa Anzaldua Hernandez and Carlos Hernandez, No. 83–5525-H (Nueces Cty. Ct., 347th Judicial Dist. Nov. 7, 1983) at 4–5 (“[Rosa] prays that the Court immediately grant a temporary restraining order . . . . [Carlos Hernandez] has a violent and ungovernable temper and is unpredictable, and [Rosa] has reason to be and is in fear of [Hernandez].”).

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:22:24.

See also Freddy Schilling, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980), at 880 (“Q. Does [Carlos Hernandez] always carry a knife? A. I guess since I’ve known him. He’s had different ones. . . . [I’ve known him] close to two years, since he’s been out of the penitentiary.”);

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:31:10 (“[Carlos Hernandez] always had a knife on him. And most of the time it was cutting up people or hitting them with a beer bottle or something.”);

Transcribed Videotape Interview with Beatrice Tapia, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 08:33:11 (“Carlos Hernandez did carry a knife with him.”);

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:00:13 (“[Carlos Hernandez] always had a knife. It was brown, corner was gold. It was kinda about [yea] long when it was open. It locked. It was one of those, I don’t what you call it maybe a buck knife. You know that you flip open and it locks. The reason I know this is because he always carried it on his right side in a pouch. If he didn’t have the pouch he carried it in his back pocket. I saw that knife constantly.”);

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:31:21 (“[E]very time [Carlos Hernandez] would argue with somebody, he would try to stab him with a knife. Carlos was never going anywhere without his knife.”);

Bruce Whitman’s Notes on Interview with Johnny Arsuaga, Cousin of Carlos Hernandez and John Arsuaga (Nov. 3, 2005) at 1:

Johnny’s mother is sister to Fidela Hernandez making Johnny Carlos Hernandez’s cousin. Johnny is 44 years old and remembers Fidela and her family. Josephine visited Fidela when Fidela was living on Carrizo St. Johnny’s father refused to visit Fidela saying Fidela and her kids were crazy and bad. Johnny remembers Carlos Hernandez as follows: he was crazy, you could see it in his eyes; didn’t trust him; he had no respect for anyone; couldn’t fight with his fist; always carried a knife in a pouch on his belt; first went to prison when he was 17 years old.

Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 4 (“A knife was usually Carlos’s weapon of choice.”);

Peso Chavez’s Notes on Interview with Andres Ybañez, Neighbor of Carlos Hernandez (Aug. 4, 2004) (describing Carlos Hernandez as “always carr[ying] a knife”).

Transcribed Videotape Interview with Pricilla Jaramillo, Niece of Carlos Hernandez (Dec. 4, 2004) at 06:30:00–06:31:28:

Q. You said he had something in his hand. What was that?

A. Well, Carlos had a habit of carrying a knife. A pretty big knife. It wasn’t just a small little pocket knife. It was a pretty good sized, thick knife. So, that’s what he had.

Q. How often did you seen [sic] him with the knife?

A. Well, he carried it around all the time.

Q. Was he proud of that knife?

A. I believe so. I mean, he carried it in his back pocket all the time. He never left home without it.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, inCorpus Christi (Dec. 5, 2004) at 07:33:28–07:34:20:

Q. Did [Carlos Hernandez] ever have a weapon?

A. Yes he did. He carried a knife. And he would carve stuff in the back of the street, in the back of the park where they used to sit and talk and drink.

Q. How big was that knife?

A. It was pretty big. It was real big. It was one that you could just hit it like that and it would open right away. You have no problems with [opening it].

Q. And did he try and hide the fact that he carried a knife?

A. No, he was very open about his knife. He was very open about him carrying a knife. It’s like him a knife was something everybody’s supposed to carry, something everybody’s supposed to have.

Fidela Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 926 (“Q. Does Carlos carry a knife? A. At work, yes.”); Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1037–38 (“A. I’m not supposed to carry a weapon. Q. Because you’re on parole? A. Yes, sir.”);

Freddy Schilling, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 880 (“Q. Does [Carlos Hernandez] always carry a knife? A. I guess since I’ve known him . . . close to two years, since he’s been out of the penitentiary.”).

Transcribed Videotape Interview with Jon Kelly, Attorney for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:44:06–06:45:10:

Q. Did you ever see Carlos Hernandez with a weapon? That is, did he ever have any kind of weapon around?

A. I never saw him with a gun. I think he at times had . . . . I never saw him with a switchblade, but I think at times he had a knife of some sort.

Q. I’m going to hand you a picture. Again, the same notations here, JK, this is number 1, December 9, ’04. And just ask you if that resembles the kind of knife you might have seen with Carlos. It’s not a switchblade, but it’s a buck knife.

A. [takes picture, interrupts] Yes. He had that all the time. . . . But, yeah, he had that on him quite often, I’d say.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:00:49–5:01:10 (“[Carlos Hernandez sometimes] paid more attention to [his knife] than he did to me. He would just sit there at night, when we were watching tv or whatever, he would just, it’s called a wet stone. Put water and just be sharpening it. And after he did that he cleaned it. He would say something to it and put it under where he slept.”);

Peso Chavez’s Notes on Interview with John Michael Schilling, Nephew Carlos Hernandez (Aug. 12, 2004) at 2 (“[H]e was always sharpening his buck knife.”);

Peso Chavez’s Notes on Interview with Johnny Ybañez, Neighbor of Carlos Hernandez (Aug. 4, 2004) at 2 (noting that “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.’”).

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:22:24–14:22:58;

see Freddy Schilling, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 880 (“Q. Does [Carlos Hernandez] always carry a knife? A. I guess since I’ve known him . . . close to two years, since he’s been out of the penitentiary.”);

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, inCorpus Christi (Dec. 5, 2004) at 07:33:30–07:33:57 (“[Carlos Hernandez] carried a knife. And he would carve stuff in the back of the street, in the back of the park where they used to sit and talk and drink . . . . He was very open about him carrying a knife. It’s like him a knife was something everybody’s supposed to carry, something everybody’s supposed to have.”);

Transcribed Videotape Interview with Marcella Brown, Friend of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 13:32:49 (“And my son, which was at the time, I believe, he was about, maybe, eight or nine. And he called me to work and told me that Carlos Hernandez [who was supposed to be baby sitting her son] had pulled out a knife. He was drunk and he was waving a knife around.”).

Bruce Whitman’s Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Sept. 23–24 and 27, 2004) at 2 (“Carlos Hernandez always carried a folding knife in his back pocket.”);

Bruce Whitman’s Notes on Interview with Pricilla Jaramillo, Niece of Carlos Hernandez (Aug. 9, 2004) at 2 (noting that, while Pricilla was living with her grandmother, she witnessed Carlos Hernandez’s “violent behavior and temper. Ch [Carlos Hernandez] always a large folding pocket knife which he constantly [would] play with, throwing at trees etc. ch [Carlos Hernandez] and his brother Javier often fought and on one occasion [Pricilla] witnessed [Carlos] pull his knife out and stab Javier in the shoulder during a fight.”);

James S. Liebman’s Notes of Interview with Cruz Perez & Lisa Garza, Friends of Carlos Hernandez (Nov. 3, 2005) at 1 (“When CH [Carlos Hernandez] and Javier [Herandez] were drunk they would ‘go at it’ (fight)”).

Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 19:03:09–19:06:20 (“Carlos [Hernandez] . . . would always . . . snap one of those knives . . . . [H]e would always, constantly (mimes flipping open a knife).”);

Bruce Whitman’s Notes on Interview with Eddie Schilling, Nephew of Carlos Hernandez (Aug. 8–9, 2004) at 1 (“[Carlos Hernandez] always carried a ‘big folding pocket knife’ he brandished with bravado in front of Eddie and his siblings”);

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.’”).

Transcribed Videotape Interview with Marcella Brown, Friend of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 13:32:49–13:33:57 (“Carlos used to sleep with a machete next to him.”);

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:00:49–5:01:10 (describing how Carlos Hernandez cleaned his knife at night and “would say something to it and put it under where he slept”).

Peso Chavez’s Notes on Interview with Gilbert Limon, Acquaintance of Carlos Hernandez (Aug. 12, 2004) at 2 (“One day he pulled his knife out and I know his intentions were to stab me but I guess I intimidated him. Then the guy just starts carving on his stomach with his knife.”);

James S. Liebman’s Notes on Peso Chavez’s Interview with Gilbert Limon, Acquaintance of Carlos Hernandez (Aug. 11, 2004) at 1 (“G.L. [Gilbert Limon] says C. Hernandez pull[ed] out a knife and slashed his own chest—like a rooster getting ready to fight. G.L. (21 years old [at the time]) says: Don’t go doing that because I’ll do it back. (C. Hernandez goes after women; chicken with men)”);

Peso Chavez’s Notes on Interview with Johnny Ybañez, Neighbor of Carlos Hernandez (Aug. 4, 2004) at 2 (“Mr. Ybanez further described Mr. Hernandez’[s] ‘craziness’ as observing Carlos self mutilate his chest with a knife causing him to bleed. In addition he would burn his body.”).

Crime Scene Photograph 25500018, Corpus Christi Police Dep’t (Feb. 4, 1983).

Compare Transcribed Videotape Interview with Hector De Peña, Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 12:57:20–12:58:15 (“Carlos Hernandez was also a maestro with a knife. He prided himself on the use of a knife. He always carried a knife. It was a lock blade, eight-inch lock blade knife, that he threatened people, scared people with that knife. And it was with that knife that he was actually arrested with by two other detectives.”)

with Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, inCorpus Christi, Texas (Dec. 6, 2004) at 00:31:10–00:33:20:

Carlos Hernandez was almost always assaulting women and assaulting guys. And his weapon of choice was a knife. He always had a knife on him. And most of the time it was cutting up people or hitting them with a beer bottle or something . . . The type of knife was a sort of . . . I arrested him one time and the knife that he had was a regular, like a buck knife, you would say. It’s a buck knife, and then it has a retraction button at the rear of the deal which it sets on top. You push that button then you pull the blade and it locks. The blade will lock.

and Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:00:13–05:00:45 (“[Hernandez] always had a knife. It was brown, corner was gold. It was kinda about [yea] long when it was open. It locked. It was one of those, I don’t what you call it maybe a buck knife. You know that you flip open and it locks. The reason I know this is because he always carried it on his right side in a pouch. If he didn’t have the pouch he carried it in his back pocket. I saw that knife constantly.”),

with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report, (Feb. 5, 1983) at 1–2 (describing the knife found at the Sigmor -Shamrock crime scene where Wanda Lopez was knifed to death as a “stainless steel lockblade knife, brown wood handle with gold colored tips on either side of the wood handle”).

Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 02:59:17–02:59:48 (“[This photo shows a knife] that I’d see Carlos Hernandez carry. He’d keep it in a pouch with a flap over it, snap-on. I don’t know the name brand on it, but the colors on it and the wooden blade look similar to what he had.”);

Jon Transcribed Videotape Interview with Jon Kelly, Attorney for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:44:26–06:45:25 (examining a knife in a photograph and claiming, “[Carlos Hernandez] had that all the time”);

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 13:47:25–13:47:55 (“[This photo shows] exactly the kind of knife [Carlos Hernandez had], just like I told you.”);

Transcribed Videotape Interview with Beatrice Tapia, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 08:51:08–08:51:40 (“I can recognize the knife that Carlos Hernandez used to carry with him [in this photo she had not previously seen]. And he used to carry it in a case on his belt.”);

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:00:13–05:00:40, 05:02:58–05:03:10:

[Hernandez] always had a knife. It was brown, corner was gold. It was kinda about yea long when it was open. It locked. It was one of those, I don’t what you call it maybe a buck knife. You know that you flip open and it locks. The reason I know this is because he always carried it . . . . I saw that knife constantly. . . . [I’ve never seen that photo before,] but I can tell you what it is . . . . This is Carlos [Hernandez’s] knife . . . . [T]his is the one I used to see all the time. This is the one he sharpened; this is the one he put to bed.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:31:52–03:32:38 (examining photo and stating, “That’s Carlos [Hernandez], that’s the knife [he carried].”);

James S. Liebman’s Notes on Peso Chavez’s Interview with John Michael Schilling (Aug. 11, 2004) (identifying a knife in a photo as Carlos Hernandez’s knife by stating “Yeah[,] that’s the knife.”).

James S. Liebman’s Notes on Peso Chavez’s Interview with John Michael Schilling at 1 (identifying a knife in a photo as Carlos Hernandez’s knife by stating “Yeah[,] that’s the knife.”);

see also Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 13:47:25–13:47:55 (“[This photo shows] exactly the kind of knife [Carlos Hernandez had], just like I told you.”).

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:02:35–05:03:30:

Q. Have you ever seen this photograph[?]

A. No, but I can tell you what it is.

Q. What is it?

A. This is Carlos’[s] knife.

Q. Carlos who?

A. Carlos Hernandez’s knife.

Q. How do you know?

A. Because this is the one I used to see all the time. This the one he sharpened; this is the one he put to bed.

Q. Do you know who took that picture?

A. No.

Q. Do you know what that’s a picture of? I mean where it was taken?

A. No.

Q. But you are sure of what you see in the picture?

A. Yes very sure.

Crime Scene Photograph 25500018, Corpus Christi Police Dep’t (Feb. 4, 1983).

Compare Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, inCorpus Christi, Texas (Dec. 6, 2004) at 00:31:43–00:33:18:

A. The type of knife was a sort of . . . I arrested him one time and the knife that he had was a regular, like a buck knife, you would say. It’s a buck knife, and then it has a retraction button at the rear of the deal which it sets on top. You push that button then you pull the blade and it locks. The blade will lock.

Q. Mr. Garza, I’m going to show you another photo. Would you look at that and tell me what you see in that photo? (hands him a photograph)

A. I seen a knife similar to the one that Carlos Hernandez, when I arrested him at one time, had. A particular knife, similar to this. It might not have been as long, but the . . . I would call this a buck knife. This is the same type of knife that if you press a button up here on the top the blade will open and it will lock the blade itself. And it sort of has like bronze or copper at the end with wood and then it’s got some brass screws on it. I call this a buck knife most of the time.

and Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:00:13–05:00:45, 05:19:43–05:19:54:

[Hernandez] always had a knife. It was brown, corner was gold. It was kinda about [yea] long when it was open. It locked. It was one of those, I don’t what you call it maybe a buck knife. You know that you flip open and it locks. The reason I know this is because he always carried it . . . . I saw that knife constantly. . . . I used to see [Carlos Hernandez’s knife] every day.

with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) (describing the knife found at the crime scene as a “stainless steel lockblade knife, brown wood handle with gold colored tips on either side of the wood handle”).

Chapter 6
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