HRLR
Los Tocayos Carlos
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All Chapter 6 Footnotes

1.

See supra Chapter 5, notes 10–11 and accompanying text.

2.

See supra Chapter 1, note 18 and accompanying text; supra Chapter 2, notes 183–184 and accompanying text.

3.

See infra Chapter 7, note 34 and accompanying text; infra Chapter 8, notes 1–5, 44 and accompanying text; infra Chapter 9, notes 69–71 and accompanying text. To see the relationship and distances between these neighborhoods and other points of interest in Corpus Christi, see the map in the introductory “People and Places” section of this monograph, or use the Map Quest website and plot the travel times between 2601 South Padre Island Drive in Corpus Christi, Texas (the Sigmor-Shamrock gas station), 3701 Ayers (the Armada Projects area), 217 S. Carrizo (Fidela Hernandez’s residence), and 1001 South Port (the Casino Club). MapQuest, http://www.mapquest.com/maps?city=Corpus%20Christi&state=TX (last visited Feb. 13, 2012).

4.

Transcribed Videotape Interview with Yolanda Ortiz, Owner of Casino Club, in Corpus Christi, Texas (Dec. 5, 2004) at 09:06:53–09:07:36, 09:08:16–09:08:46, 09:09:12:

A. The Casino Club was started in the early 70’s and it was a Tejano club, and it was a, music was big, a DJ, and we had Top 40 music too. And it was a place where the young generation was mostly in there. You know, younger kids, real popular and it was a place that everybody hanged out.

Q. Where was it located?

A. . . . South Port and um [pause]

Q. Where did the kids who came there come from? What community in Corpus Christi did they come from mostly?

A. It was mostly I guess, what do you call them, from I mean, from that area which was, it was not middle class people, it was ah [pause] what do you call them, from the barrio [pause] people. Mostly barrio people. But then we would get them from everywhere too, but our majority was all from the neighborhood people, from there, from that area.

Q. And what did people do when they came to The Club Casino?

A. They would come in, they would drink and dance. . . .

Q. Why did you need security?

A. ‘Cause it was a rowdy place, we had a lot of fights and um that’s why we had to have them there.

Q. Were there ever any incidents?

A. There were stabbings. Shootings. But mostly fights. . . .

Q. Where did [the club security guards], where did they work during the day. If they were working?

A. City policemen. For the city. They worked for the city.

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:35:50–20:36:25:

Q. There was a club in Corpus Christi called the Casino Club. Did you ever hear of that?

A. Yes, I did.

Q. Did you ever go to the Casino?

A. No, never.

Q. Do you know anyone that did go to the Casino?

A. My brother, Manuel, went there constantly, to the Casino Club. And Carlos went there, too, to hang out.

Q. So if, let’s say, Carlos Hernandez hung out at the Casino Club, that might be a place where your brother, Manuel, knew him.

A. Yes, yes. Manuel hanged [sic] out a lot at the Casino Club. Yes, that was his favorite place.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 13:53:04–13:54:07:

Q. Tell me about the Casino club.

A. It’s a disco club, you know, the majority of the neighborhood used to hang out in. This is where, everybody, I guess, went to have a good time. The Casino was located at South Port. It’s a place where everybody, friends would meet. . . . I didn’t hang out myself there all the time, I just, you know, on the weekend or something I would go. It wasn’t every weekend, like maybe once a month or so, something like that.

Q. And who else went to the Casino club that you know?

A. A bunch of people that I knew, Carlos Hernandez . . . . I had friends.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:41:44–04:42:25, 04:44:13–04:44:21:

A. I went to a club called the Casino . . . . Of course I was under age but I went in there anyway. Just hang around with just my friends. That was before I found out I was pregnant.

Q. What did the people do at [the Casino Club], danced and what else?

A. We danced and there was a lot of drugs going on.

Q. Did they serve alcohol at these clubs?

A. Uh, Lots of alcohol to minors.

Q. Now you just said to minors, now how did you manage to get into this club?

A. Knew the security guard, they would let us in.

Q. Was it unusual for kids your age to be there?

A. No, no not if you knew somebody in the club. If you knew somebody in the club that could get you in, you were in. . . .

Q. So tell me when you went to the Casino Club if you can remember approximately.

A. Approximately late ’77 early ’78, the Casino, it was, that’s where everybody hung out, if you wanted to be known you would hang out at the Casino.

Bruce Whitman’s Notes on Interview with Johnny Arsuaga, Cousin of Carlos Hernandez and John Arsuaga (Nov. 3, 2005) (“Johnny was a boxer [who] had hung out at the Casino Club on Port St. . . . . Johnny remembers Yolanda [Ortiz, the club’s owner], the dancing, the fights both inside and outside the club and that sometimes people died at the Club. According to Johnny the Casino Club was a rough place and you had to be tough to hang out there.”);

Lauren Eskenazi & Sita Sovin’s Notes on Interview with Mary Ann Perales Benavides, Witness Against Carlos DeLuna, and Ruben Benavides, Mary Ann’s Husband (Sept. 15, 2004) at 1–2:

Ruben told us about the Casino Club which he had been to twice in his life. He states that the crowd at the Casino Club was rough. Once when he went, he was ‘jumped’ because he and his friends danced with some girls who were at the club. Ruben also explained that gangs did not ‘represent’ back then—but that groups of men still hung out together and protected their territory and one another which is what was happening at the Casino Club.

James S. Liebman’s Notes on Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 17, 2004) at 1 (“I would like to go to the Club. I used to go to the club in the late 1970s and 1980s. . . . They let me in (though I was under-age) because I knew the owner’s daughter. That club was weird and wild.”);

Bruce Whitman’s Notes on Interview with Yolanda Ortiz, Owner of Casino Club (Sept. 21, 2004) at 1:

In its day the Club was a very popular meeting, drinking, dancing place for younger Hispanic[s]. Many people walked to the Club, there were few cars in the parking lot compared to the number o[f] people inside. The dance floor was large with a big projector screen on the wall next to it where pictures of patrons were shown while they were dancing. Everyone wanted their picture on the screen so there are lots of slide pictures of everyone during the time [Ortiz] ran the club. There was always crowd of regulars who [were] at the club [every day]. Ricky Hernandez helped at the club with cleanup. Off duty CCPD policeman were paid $10.00 an hour from 10:00 p.m. to closing to provide security. Two of the cops who worked off duty at the club were fired from the police department for dealing drugs. . . . The Club was a rough place. Many men carried knives and the employees and the police frequently took them away. Stabbings were common an[d] occurred almost weekly. One time a girl was stabbed or shot in the parking lot and she died. Another time Yolanda noticed a patron, David Lamb, had a small spot of blood on his shirt [and] she asked him if he had been in a fight? David said, “what?” He fell to the floor and died on the spot. . . . A bouncer . . . at the Club was shot in the leg by a patron in the 80’s. Two or three times Yolanda took butcher kni[v]es away from patrons.

James S. Liebman’s Notes on Interview with Paul Rivera, Corpus Christi Police Detective (July 14, 2004) at 5 (“Casino Club: 900 [sic—1000] Block of Port. Pau[l] worked there off duty. Lots of fights. Low class of people.”);

James S. Liebman’s Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 2 (“Casino Club on Port Street & Marga[rita]. . . He [Carlos Hernandez] would go there. There were killings, stabbings and fights. Dance club, served alcohol.”).

5.

See supra note 4.

6.

See sources cited supra note 4.

7.

Bruce Whitman’s Notes on Interview with Yolanda Ortiz, Owner of Casino Club (Sept. 21, 2004) at 1;

see also Transcribed Videotaped Interview with Yolanda Ortiz, Owner of Casino Club, in Corpus Christi, Texas (Dec. 5, 2004) at 09:06:53–09:07:36, 09:08:16–09:08:46, 09:09:12:

A. The Casino Club was started in the early 70’s and it was a Tejano club, and it was a, music was big, a DJ, and we had Top 40 music too. And it was a place where the young generation was mostly in there. You know, younger kids, real popular and it was a place that everybody hanged out.

Q. Where was it located?

A. . . . South Port and um [pause]

Q. Where did the kids who came there come from? What community in Corpus Christi did they come from mostly?

A. It was mostly I guess, what do you call them, from I mean, from that area which was, it was not middle class people, it was ah [pause] what do you call them, from the barrio [pause] people. Mostly barrio people. But then we would get them from everywhere too, but our majority was all from the neighborhood people, from there, from that area.

Q. And what did people do when they came to The Club Casino?

A. They would come in, they would drink and dance. . . .

Q. Why did you need security?

A. ‘Cause it was a rowdy place, we had a lot of fights and um that’s why we had to have them there.

Q. Were there ever any incidents?

A. There were stabbings. Shootings. But mostly fights. . . .

Q. Where did [the club security guards], where did they work during the day. If they were working?

A. City policemen. For the city. They worked for the city.

8.

See supra note 7.

9.

See supra note 7.

10.

See supra note 7.

11.

See supra note 7.

12.

See supra note 7.

13.

See supra note 7.

14.

See, e.g., Susan Montez’s Notes on Interview with Linda Perales, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna (July 24, 2004) at 2 (“They all [the DeLuna brothers and Linda Perales and her sister Mary Ann] hung out at the Casino Club. Linda loved that place. She loved to go there and dance.”);

Bruce Whitman’s Notes on Interview with Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda (Aug. 20, 2004; March 1, 2005) at 1 (“Pedro Olivarez was a regular patron at the Casino Club in 1989. Pedro hung out there with his friends including Jessie Garza. The usual activity at the Club was to drink, dance and visit with friends.”);

supra note 7.

15.

Bruce Whitman’s Notes on Interview with Yolanda Ortiz, Owner of Casino Club (Sept. 21, 2004) at 1;

see also Transcribed Videotaped Interview with Yolanda Ortiz, Owner of Casino Club, in Corpus Christi, Texas (Dec. 5, 2004) at 1.

16.

Bruce Whitman’s Notes on Interview with Yolanda Ortiz, Owner of Casino Club (Sept. 21, 2004) at 1;

see also Transcribed Videotaped Interview with Yolanda Ortiz, Owner of Casino Club, in Corpus Christi, Texas (Dec. 5, 2004) at 1.

17.

Transcribed Videotape Interview with Yolanda Ortiz, Owner of Casino Club, in Corpus Christi, Texas (Dec. 5, 2004) at 09:17:09–09:17:38 (“Well, to my recollection, I can’t really tell you much about [Carlos DeLuna] because I know he was, he would get drunk a lot, and they would ask him to leave.”).

18.

Transcribed Videotape Interview with Yolanda Ortiz, Owner of Casino Club, in Corpus Christi, Texas (Dec. 5, 2004) at 09:12:21–09:14:18:

Beto Vela would go in the club, he would walk, like I said, straight to the bar and buy his coke and most of the people around him were either Pete Olivarez or Henry Vela or, like, Jesse Garza, and DeLuna, Carlos DeLuna, or Manuel DeLuna would be there, you know, so. And the girls would be most of the . . . they would all be there, like, Teresa, Teresa, and Yolanda Lucio, and Linda Perales. Mary Ann, Mary Ann Perales did not go that much but she would be there, sometimes, with them, talking. They would all be there talking, and they would dance. Beto would dance a lot, he was a dancer. He was always dancing with most of the girls there. . . . I heard about [Paula Hernandez] being [with Beto Vela], but I don’t remember her, really.

19.

Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 4 (“Margie started going to the Casino Club when she was 14 1/2 years old in January of 1978—September of 1978 and started going again late in 1979 to January of 1980. She knew the doorman Rick Vargas who let her in underage.”).

20.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:37:56–04:38:33 (“My name is Mary Margaret Tapia, everybody knows me by Margie.”).

21.

See supra Chapter 5, notes 160–162 and accompanying text.

22.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:41:29–04:41:35 (“I was a very rebellious teenager. I always did everything that my mom didn’t want me to do.”).

23.

Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 4 (“Margie started going to the Casino Club when she was 14 1/2 years old in January of 1978—September of 1978 and started going again late in 1979 to January of 1980. She knew the doorman Rick Vargas who let her in underage.”).

24.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:41:44–04:42:23 (“I went to a club called the Casino and the White Rabbit. Of course I was under age but I went in there anyway. Just hang around with just my friends. . . . [We k]new the security guard, they would let us in.”).

25.

See Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:42:02-:04:42:13 (“We danced and there was a lot of drugs going on. . . . [They served] lots of alcohol to minors.”).

26.

Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 4:

Margie started going to the Casino Club when she was 14 1/2 years old in January of 1978—September of 1978 and started going again late in 1979 to January of 1980. . . . While at the Casino Club Margie saw Carlos De Luna often and Carlos Hernandez once in awhile, and a few times she saw Carlos Hernandez and Carlos De Luna together at the Casino Club. Carlos Hernandez preferred the cantina’s [sic] to the Casino Club. Others she remembers at the Casino Club in addition to Carlos Hernandez and Carlos De Luna were: sisters Mary Ann, Diana, and Linda Perales, Juan (unk), Beto Vela, and Henry Vela. In 1980 Margie started going to the “The Corner Pocket”, a billiards bar on Ayers and Baldwin. Margie saw Carlos De Luna hanging out on Carrizo Street and at parities [sic] at the Zamora’s attended by Carlos Hernandez.

See Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 19:22:16 (“[Carlos Hernandez] knew he was good. And Carlos liked the spotlight, so to speak. Just like my nephew. Those guys were good-looking guys, and [Cruz’ nephew] Jesse [Garza] liked the spotlight and Carlos [Hernandez] liked the spotlight. And they knew they could go into the Casino Club and score any time they wanted to. They both frequented the club.”);

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:35:50–20:36:25:

Q. There was a club in Corpus Christi called the Casino Club. Did you ever hear of that?

A. Yes, I did.

Q. Did you ever go to the Casino?

A. No, never.

Q. Do you know anyone that did go to the Casino?

A. My brother, Manuel, went there constantly, to the Casino Club. And Carlos went there, too, to hang out.

Q. So if, let’s say, Carlos Hernandez hung out at the Casino Club, that might be a place where your brother, Manuel, knew him.

A. Yes, yes. Manuel hanged [sic] out a lot at the Casino Club. Yes, that was his favorite place.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 13:53:04–13:54:07 (“Q. Tell me about the Casino club. A. It’s a disco club, you know, the majority of the neighborhood used to hang out in. This is where, everybody, I guess, went to have a good time. . . . Q. And who else went to the Casino club that you know? A. A bunch of people that I knew, Carlos Hernandez . . .”);

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:49:04 (“[Carlos Hernandez] used to go to El Casino. El Casino Club. They don’t have it open no more.”);

James S. Liebman’s Notes on Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 17, 2004) at 1 (“[D]o I know CH [Carlos Hernandez]? We all went to the Club Casino.”);

Bruce Whitman & James S. Liebman’s Notes on Interview with Eddie Garza, Corpus Christi Police Detective (Aug. 25, 2004) at 2 (recalling that Carlos Hernandez frequented the Casino Club and a bar near South Bluff Park);

Susan Montez’s Notes on Interview with Linda Perales, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna (July 24, 2004) at 2 (“Linda knew Carlos DeLuna because she liked and hung out with his brother Manuel. . . . Linda remembered Carlos as being ‘real hyper.’ He talked fast and drank a lot. They all hung out at the Casino Club. Linda loved that place. She loved to go there and dance.”);

Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 1 (“C[arlos] Hernandez hung out at Casino Club.”);

James S. Liebman’s Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 2 (“Casino Club on Port Street & Marga[rita]. . . He [Carlos Hernandez] would go there. There were killings, stabbings and fights. Dance club, served alcohol.”);

infra notes 188, 198 and accompanying text; supra Chapter 5, notes 50, 152, 160, 163, 181–184, 188–189, 227, 230 and accompanying text; infra Chapter 7, notes 7, 57, 221–222, 227 and accompanying text; infra Chapter 9, note 122 and accompanying text, infra Chapter 13, notes 69–273 and accompanying text.

27.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:51:42–04:51:53 (“I was [sic] just turned 15. I was pregnant with my first son and he [Carlos Hernandez] used to, every afternoon, I used to go outside because I knew the time he would pass by. I thought he was cute, [a] guy in a hard hat. He was older than me. What did I know about guys?”).

28.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:51:53.

29.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:51:53 (“I used to go outside because I knew the time he would pass by. I thought he was cute, [a] guy in a hard hat.”).

30.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:52:32 (“I used to wait for him to pass by every afternoon. And he would tell me ‘Hey, what’s up? What are you doing? Why aren’t you in school yet?’ And I would say, ‘cause I’m pregnant,’ and he would say, ‘why don’t you come down here?’, and I would say ‘no’. We just started, every day it was hello, hello, hello. I just made sure I was outside.”).

31.

Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 960 (testifying that he bought a six-pack of Schlitz beer the night of Dahlia Sauceda’s murder);

Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 929 (stating that he worked at Tennessee Pipeline Construction “about two years off and on”);

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:51:53 (“I thought he was cute, [a] guy in a hard hat. He was older than me. What did I know about guys?”).

32.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:51:53 (“I was [sic] just turned 15. I was pregnant with my first son and he [Carlos Hernandez] used to, every afternoon, I used to go outside because I knew the time he would pass by. I thought he was cute, [a] guy in a hard hat. He was older than me. What did I know about guys?”).

33.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:53:06 (“My mom knew his mom. My mom Janie Adrian knew Fidela Hernandez. So they started like playing match maker. I have a daughter; you have a son. They’re single. So let’s play matchmaker. So they introduced me to Carlos. I finally found out who he was. I thought he was real cute. I mean I was young.”).

34.

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 6 (“Fidela favored Javier and Carols [sic] was hurt by it. Carlos was the black sheep. When Javier died, Carlos though [sic] she would shift her attention to him but never did.”);

see infra notes 79–82, 104, 150–160 and accompanying text.

35.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:53:06 (“My mom knew his mom. My mom Janie Adrian knew Fidela Hernandez. So they started like playing match maker. I have a daughter; you have a son. They’re single. So let’s play matchmaker. So they introduced me to Carlos. I finally found out who he was. I thought he was real cute. I mean I was young.”).

36.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:53:42 (“We started kind of like dating, going to the movies, going out to eat. He always made sure I had a lot to eat because I was pregnant. And then we just kind of went a step too far, we started dating more seriously. We started living together.”).

37.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:53:32–04:53:37, 04:54:56 (recalling that when she met Carlos Hernandez, “I was about 15 years old and I was about 6 months pregnant [and Carlos Hernandez] was about 24 years old”); “[I]t was about November of ’78 [when I moved into the Hernandez household].”)

38.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:54:56, 05:09:33 (“[I]t was about November of ’78 [when I moved into the Hernandez household].”; “End of June, beginning of July [1979]. I had it, I couldn’t take it anymore [and I moved out of the Hernandez home].”).

39.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:54:24 (“Oh he loved the fact that I was pregnant. He just loved it, he did everything to make sure I ate, make sure I got food, husbandly things.”).

40.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:59:37 (“Oh he loved my son. He knew that it wasn’t his but for some reason, some odd reason he thought he was. He loved my son very much.”);

Bruce Whitman’s Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Sept. 23–24 and 27, 2004) at 2:

Janie [Adrian, mother of Margie Tapia] and her children moved to a house on Carrizo Street in 1977–1978 and remained there for 8–9 years or more. Fidela Hernandez, her sons Carlos and Javier, and her granddaughter Pricilla lived across the street. Soon after the move to the Carrizo neighborhood, Janie’s 14 year old daughter Margie, who was pregnant at the time by another man, befriended Carlos Hernandez and moved in with him and his family. While living with the Hernandez family, Margie gave birth to a son, Eric Tapia, on 01/03/1979. Both Carlos Hernandez and Fidela had been told that Eric was not Carlos Hernandez’s son but Janie believed Carlos Hernandez “thought Eric was his.” Janie says Carlos Hernandez and Fidela loved Eric and that, “‘Fidela even took out a life insurance policy on Eric which is now paid off.” Fidela had told Janie about the life insurance policy a couple of years prior while the two ate lunch in town.

James S. Liebman’s Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Dec. 4, 2004) at 1 (“CH [Carlos Hernandez] would come by JA’s [Janie Adrian’s] house and ask for Eric; he thought Eric was his son. We told him that was not true. He would come and see if Eric needs help. Pampers, Carlos bought Eric a little bed.”).

41.

Bruce Whitman’s Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Sept. 23–24 and 27, 2004) at 2, 3–4 (“Janie says Carlos Hernandez and Fidela loved Eric and that, ‘Fidela even took out a life insurance policy on Eric which is now paid off.’ Fidela had told Janie about the life insurance policy a couple of years prior while the two ate lunch in town.”; “Janie said that Carlos Hernandez came by to check on Eric ‘all the time’ after he and Margie broke up.”; “Janie explained: ‘I used to be real close to Fidela. Last time I saw her was 2 1/2 to 3 years ago in a restaurant and she told me she had a paid off a life insurance policy on Eric. She loved Eric.’”);

James S. Liebman’s Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Dec. 4, 2004) at 1 (“I heard Fidela took out insurance on the baby (Eric). Janie to[ld] Fidela: ‘You know, he doesn’t belong to Carlos.’”).

42.

See Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:07:32–05:07:36 (stating that drinking caused Hernandez’s mood to swing);

Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 2:

Evenings [in 1978–1979, when Margie lived with Carlos Hernandez at Fidela’s house] were spent watching television. The living room was made into a bedroom where Margie and Carlos slept. Fidela had her own bedroom. Things started to change with Carlos after Margie moved in. “He (Carlos [Herandez]) was just fine and then every once in a while he would just change. He would get angry at me over nothing like the television was on the wrong channel, the fan wasn’t pointed in the right direction. Anything to be mad about. This just built up and Carlos started slapping me around.” The next day Carlos was fine, loving and caring. He would call Margie “Babe” and take her out, rub her stomach and ask how his son was doing. Carlos was fine for 2–3 weeks and then physical abuse started all over again. “He could be the sweetest guy and then just turned in an instant to a mean person.” After the physical abuse started Margie was not allowed out of the house without Carlos. Carlos went out alone and he always came home drunk and abusive.

43.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:04:17 (“Carlos Hernandez had a mean side. A very mean bad side. He would change from one day to the next. He will be okay you know [a] couple days, and then the next day he would be all mad. There was hardly any way you could please him.”).

44.

Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 3:

Things with Carlos were good until March of 1979. In March Margie got her figure back and was feeling good about herself. One day she fixed her hair, put on a pair of shorts, put Eric in the basinet and sat on the front porch and waited for Carlos to come home from work so she could greet him on the porch. Carlos arrived on Carrizo Street. As he was walking down the sidewalk and as he got to his house he noticed Margie sitting on the porch and from the street he yelled at Margie, “What the fuck are you doing outside the house?” Margie told him she was waiting for him to come home from work. Carlos climbed the stairs and started kicking Margie. He was wearing his heavy work boots. He kicked Margie through the front door into the house. Margie told Carlos she hadn’t done anything she was just sitting outside waiting for him. Once inside the house Margie said she wanted to go to her mother’s. Carlos said no, locked the front door, picked up a hammer, threw Margie on the bed in the living room, held the hammer over her head and threatened to hit her with it while he raped her. Margie told Carlos she wanted to leave him. Carlos told her if she ever left him he would kill her and she wasn’t taking his son, (Eric). From this event on, Carlos didn’t allow Margie out of the house unless he was with her.

45.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:06:08 (“He had a hammer. He had a hammer. The bed is right here; the door is right here. It was like a couch. This side that was where my son was. He was asleep. He grabbed me and he threw me on the bed. And he says you are going to do what I tell you. And he raped me. I remember that so clearly. And he said if you scream I am going to kill you.”);

Lauren Eskenazi & Sita Sovin’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Oct. 28, 2004) at 2 (describing the assault as having gone on for four or five hours);

Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 3:

Things with Carlos were good until March of 1979. In March Margie got her figure back and was feeling good about herself. One day she fixed her hair, put on a pair of shorts, put Eric in the basinet and sat on the front porch and waited for Carlos to come home from work so she could greet him on the porch. Carlos arrived on Carrizo Street. As he was walking down the sidewalk and as he got to his house he noticed Margie sitting on the porch and from the street he yelled at Margie, “What the fuck are you doing outside the house?” Margie told him she was waiting for him to come home from work. Carlos climbed the stairs and started kicking Margie. He was wearing his heavy work boots. He kicked Margie through the front door into the house. Margie told Carlos she hadn’t done anything she was just sitting outside waiting for him. Once inside the house Margie said she wanted to go to her mother’s. Carlos said no, locked the front door, picked up a hammer, threw Margie on the bed in the living room, held the hammer over her head and threatened to hit her with it while he raped her. Margie told Carlos she wanted to leave him. Carlos told her if she ever left him he would kill her and she wasn’t taking his son, (Eric). From this event on, Carlos didn’t allow Margie out of the house unless he was with her.

46.

See Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:06:08 (“This side that was where my son was. He was asleep.”).

47.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:01:47:

[Hernandez] hardly slept. If he slept he had nightmares. He had really really bad nightmares. Sometimes he would wake up choking me. I don’t know what he was dreaming about. He’d be yelling and screaming, grab me by my throat. You know I would have to tell him, “Carlos it’s me wake up, wake up.” And if I could get my hand free and slap him, maybe you know, he’d open his eyes and say, “oh I’m sorry.” I’d go, “what’s wrong.” He would never say nothing. He’d say it’s nothing go back to sleep.

48.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:01:47;

Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 4 (“While Margie was living with Carlos, at least 2–3 times a week, Carlos woke up with nightmares and in a sweat, sometimes swinging his arms and fighting at nothing. H[e] was afraid; his eyes were wide like someone was going to hurt him. Margie tried to comfort him and asked what he was seeing? Carlos didn’t want to talk about it but onetime told her he was fighting with one man in his sleep.”);

infra Chapter 7, notes 149–157 and accompanying text (describing Diana Gomez’s experiences with Carlos Hernandez’s night terrors).

49.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:02:21 (“I thought it was strange. I guess because he was in prison before, something happened.”).

50.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:00:13 (“[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.”).

51.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:00:49 (“I think he sometimes paid more attention to [his knife] than he did to me. He would 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.”).

52.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:01:13 (“I don’t know, like [the knife] was a real person or something. And he would just, like you would put a kid to bed.”);

see also Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 4 (“Carlos Hernandez always carried a folding knife . . . . He carried it either in a holster on his belt on his right side or in his right back pocket. Carlos Hernandez talked to his knife and told it when it was time for it to go to bed. Carlos put the knife to bed on his side of the bed and under the mattress.”).

53.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:07:29 (“He wouldn’t let me go to my mom’s. He wouldn’t, um, if I would go, but I would have to be home by the time (he got home). And I couldn’t tell my mom what was going on. He wouldn’t allow it. And he always made sure I was home. He never let me go out. I couldn’t go to the store by myself. I couldn’t take the baby out unless I was with him.”);

see Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 3:

Things with Carlos were good until March of 1979. In March Margie got her figure back and was feeling good about herself. One day she fixed her hair, put on a pair of shorts, put Eric in the basinet and sat on the front porch and waited for Carlos to come home from work so she could greet him on the porch. Carlos arrived on Carrizo Street. As he was walking down the sidewalk and as he got to his house he noticed Margie sitting on the porch and from the street he yelled at Margie, “What the fuck are you doing outside the house?” Margie told him she was waiting for him to come home from work. Carlos climbed the stairs and started kicking Margie. He was wearing his heavy work boots. He kicked Margie through the front door into the house. Margie told Carlos she hadn’t done anything she was just sitting outside waiting for him. Once inside the house Margie said she wanted to go to her mother’s. Carlos said no, locked the front door, picked up a hammer, threw Margie on the bed in the living room, held the hammer over her head and threatened to hit her with it while he raped her. Margie told Carlos she wanted to leave him. Carlos told her if she ever left him he would kill her and she wasn’t taking his son, (Eric). From this event on, Carlos didn’t allow Margie out of the house unless he was with her.

54.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:08:59–05:09:04 (stating that Hernandez would beat her if she defied his will).

55.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:09:33 (“I had it, I couldn’t take it anymore. And at that time, my sister, Mary Jane Garcia, she had just gotten married to Richard Garcia, one of the guys from the neighborhood. I finally told her what was going on.”).

56.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:10:33 (“My sister and her husband called the cops. I meant the police, excuse me, slang. They called the cops and they told them that I was underage and that I was being held against my will. And they told them that I had a son. And the police asked me do you want to go. I’m like yes. Carlos was standing at the door. They said get the baby’s things.”).

57.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:10:33;

see also Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 3:

Approximately 2 months later [in May 1979], Carlos began beating Margie again but this time Margie was able to get to the telephone in Fidela’s room. She called her sister Mary Jane Garcia and told her what was happening. She was in fear of her life and wanted to get out of the house. Mary Jane told her there was only one way to get Margie out and that was with the help of the police. Margie told her not to call the police because Carlos was on parole and he would be sent back to prison. Mary Jane sent her husband Richard and his brother Johnny over. Carlos answered the door. Richard told Carlos he was there to get Margie and Eric. Carlos said no. A couple hours later there was another knock on the door and this time it was the police. The police asked how things were going. Carlos said things were fine. The police asked Margie the same question and she told them she wanted to leave. Carlos said no, the police said yes. Margie took Eric, left with the police and never returned.

58.

Bruce Whitman’s Notes on Interview with Richard Garcia, Brother-in-Law of Mary Margaret Tapia (July 22, 2005) at 2 (“Richard described Carlos Hernandez as: A coward, liked to beat up women, not a man, would not fight men, only liked to beat up women, liked to control women, was a mommy’s boy, mommy’s [sic] took care of him and fought his fights for him.”).

59.

Peso Chavez’s Notes on Interview with Gilbert Limon, Acquaintance of Carlos Hernandez (Aug. 12, 2004) at 2 (describing Carlos Hernandez as “strange, especially when he was drunk. He always carried a ‘Buck Knife’. . . . [T]he guy just starts carving on his stomach with his knife. He was the type of person that was a coward and took his frustration out on women.”);

see also Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 6 (“It was said by [Kelly’s] other [criminal defense] clients that Carlos is a chicken: ‘He stabbed people in the back’”).

60.

Transcribed Videotape Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 05:20:14 (“Q. Now Margie as you look back on your time with Carlos Hernandez and think about everything you’ve experienced from him and with him and what you’ve learned about since. What goes through your head when you hear all of that? A. I’m lucky to be alive. I’m very lucky to be alive. The Carlos Hernandez that I knew he was capable of hurting a woman . . . . It makes me think it could have been me.”).

61.

See infra Chapter 8, notes 13–34 and accompanying text.

62.

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 2 (describing the lifelong friendship between Rita and Paula; “Rita met Paula when Rita was 12 y.o. Paula died of cervical cancer at the age of 42.”);

see James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 1 (noting that Rita “first met Paula at [age] 12–13. [Paula was l]ike her big sister. Close.”).

63.

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 2;

see James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 1 (“Rita took care of Paula during her cancer crisis.”).

64.

James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 1 (“Fidela—a bruja—witch . . . pejorative term”);

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 2 (“Fidela is a mean, evil woman . . . .”);

James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 3 (“This woman was a bruja (witch), one of the worst persons in the world.”).

65.

James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 3 (“[A]ll that Paula ever wanted from her mother was to say that she loved her and she never did. In fact when she went to visit Paula in the hospital she told her, ‘why don’t you hurry up and die so that I can collect on the insurance money so that I can spend it before I die.’ . . . Four of her children died and she collected insurance on all of them.”);

see James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 1 (“She [Fidela] got money when each kid died. Her mom [Fidela] refused to acknowledge she loved Paula before Paula died. ‘No, I don’t care; just want you to die so I can collect.’”).

66.

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 2.

67.

James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 1.

68.

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 2 (“Fidela did not participate in preparing Paula’s funeral and provided no financial assistance for the funeral even though she received insurance money from Paula’s death. Paula was buried in a pine box by the county.”).

69.

Peso Chavez’s Notes on Interview with John Michael Schilling, Nephew Carlos Hernandez (Aug. 12, 2004) at 1 (“I can’t even describe that woman. She’s very bad—no good—she didn’t like any of us.”).

70.

James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 1 (“Fidela was a puta. A real working prostitute.”);

James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 3 (“Fidela is a whore who had men in and out of her house all the time that paid for sex. She and Paula both worked at a dry cleaners store on Staples but Fidela’s real profession was that of a prostitute.”);

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 3 (“Pricilla [Paula’s daughter who was sent to live with Fidela after she was born out of wedlock] turned out the way she did because of what she witnessed at Fidela’s house, including Fidela’s prostitution. Pricilla has 8 children from 7 fathers.”);

Peso Chavez & James S. Liebman’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004) at 4 (“Fidela—lady of the night.”).

71.

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 05:12:46 (“[Fidela] always had her sugar daddy’s coming in and out.”);

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Beatriz Castro, Friend of Fidela Hernandez (Oct. 23, 2004) at 2, 5 (“Javier told one of Beatrz’s [sic] sons that he watched his mother having sex with a man. . . .”; “Beatriz knew that, when Fidela was younger, she used to bring men home to make money. . . . She had sex with men to make money.”);

Bruce Whitman’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 2 (“[When Margie lived in Fidela’s home,] Fidela was not working at a job. She went out nightly to bar/lounges, including one called Marie’s. . . . Fidela was a prostitute and sometimes brought her john’s [sic] home with her. One she called Sugar daddy. Carlos knew what his mother was doing but never talked about it to Margie. Fidela paid the bills with the money she made as a prostitute.”).

72.

Bruce Whitman’s Notes on Interview with Fidela Hernandez, Mother of Carlos Hernandez (Aug. 7, 2004) at 1 (“Fh’s [Fidela Hernandez’s] mother groomed her at an early age to sell her body to men. Her mother told her she looked nice and had a nice body and she should sell it to men to make money. . . . Fh has never been close to her family because they call her a prostitute.”);

see also Sita Sovin & Lauren Eskenazi’s Notes on Interview #3 with Fidela Hernandez, Mother of Carlos Hernandez (Sept. 16, 2004) at 4–5 (“Fidela also worked at a saloon. Her boss was her ‘compadre’ and took care of Fidela. When she was there men tried touching her so she said you have to take me somewhere and pay me if you want to touch me. Fidela learned the hard way to survive.”).

73.

James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 3 (“[A]ll that Paula ever wanted from her mother was to say that she loved her and she never did. In fact when she went to visit Paula in the hospital she told her, ‘why don’t you hurry up and die so that I can collect on the insurance money so that I can spend it before I die.’ . . . Four of her children died and she collected insurance on all of them.”);

James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 1 (“She [Fidela] got money when each kid died. Her mom [Fidela] refused to acknowledge she loved Paula before Paula died. ‘No, I don’t care; just want you to die so I can collect.’”);

Sita Sovin & Lauren Eskenazi’s Notes of Interview #2 with Fidela Hernandez, Mother of Carlos Hernandez (Sept. 15, 2004) at 2 (“Fidela had insurance policies on all her children.”).

74.

Sita Sovin & Lauren Eskenazi’s Notes on Interview #3 with Fidela Hernandez, Mother of Carlos Hernandez (Sept. 16, 2004) at 5:

Fidela’s first child, Arelia who she had with her husband Santiago Ramos died of hunger at 11 months because he would not give her anything to take care of the child. Fidela had no milk for the baby. She went to the owner of the apartments where they were living on 24th or 25th [Street], and the woman told Fidela to take the baby to the hospital because the baby would die. Fidela went to the doctor who told her he would put something else down as the reason the child died. Ramos did voodoo. Fidela was only 17 years old. She was still playing with balloons and innocent. She had never been with a man before she married Ramos. Fidela married Ramos because her stepfather was, “after my bones.” My mother (stepmother?) did not believe me. “I told Santiago I did not love him but he just wanted to be married with a virgin.” My mother gave him $20 to buy a dress and cheap sandals. “I had a picture of us at the wedding but it got wet in a storm.”

75.

Sita Sovin & Lauren Eskenazi’s Notes on Interview #3 with Fidela Hernandez, Mother of Carlos Hernandez (Sept. 16, 2004) at 5.

76.

James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 1 (“Rita . . . said that C. Hernandez’s father impregnated his daughter Maggie”);

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 6 (“Marguerite . . . [allegedly] had a son from the incest with her [step-]father . . . . Marguerite gave the son up for adoption.”);

see Bruce Whitman’s Notes on Interview with Fidela Hernandez, Mother of Carlos Hernandez (Aug. 7, 2004) at 1 (“Fh [Fidela Hernandez] found out that ch/sr [Carlos Hernandez, Sr.] was molesting his stepdaughter margarita. Margarita was 14 yoa at the time and chose to stay with [Carlos Hernandez] sr.”);

Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 2 (“Her [Marguerite’s] father got her pregnant.”).

77.

Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) (“Mr. [Carlos] Hernandez [Sr.] was convicted of a rape charge in 1960. He was sent to the penitentiary for several years and after completing his term apparently went to live in Dallas. Mrs. Hernandez stated he has never attempted to come back to her and that she would not take him back if he tried.”).

78.

Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) at 8–9, 3 (reporting on Feb. 11, 1971, that Carlos’s “relationship” with his mother “has been strained to a large part because Mrs. Hernandez has tended to take out her frustrations on the children and particularly on Carlos”; that Fidela was “bitter and hostile towards her ex-husband and takes her feelings out on her children”; and that the Welfare Department was involved with family for “several years” prior to the 1971 report; reporting on April 29, 1971, that “[Fidela Hernandez] was constantly on Carlos’[s] back about anything he did. She stated that she had become this way after suffering so much due to her husband’s imprisonment.”).

79.

Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) at 7 (“Carlos and his brother Gerardo were in Youth City for about a year following their father’s imprisonment because the mother could not support them.”).

80.

Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) at 8–9 (“Mr. [Carlos] Hernandez [Sr.] was convicted of a rape charge in 1960. He was sent to the penitentiary for several years and after completing his term apparently went to live in Dallas. Mrs. Hernandez stated he has never attempted to come back to her and that she would not take him back if he tried.”).

81.

Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) at 3 (noting that Fidela Hernandez claimed on Feb. 11, 1971, that “at first [she] was very angry at [Carlos Hernandez] and had told the intake worker that she and the boy could not get along”).

82.

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 6.

83.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:36:50–14:38:05, 14:42:17–14:43:38 (“Javier, he was an alcoholic. All he wanted to do was drink. He never got violent.”);

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:42:17–14:43:38:

Q. How did Javier die?

A. You know, that’s something I’ve never been able to put together. Now I understand he got burnt, that he went to the Valley. And his wife used to live across the street, or her and Javier used to live right across the street. They had a beautiful baby. And he used to love her. And she used to take care of him, really loved him. Like I said, Javier was an alcoholic, he had an alcoholic problem. That’s the way he lived, all his life. Now, when he died, I can’t recall if I was out here or I was in prison. That’s just what I heard through the grapevine, that he went to the Valley and that somehow he fell asleep, the mattress caught on fire, the house burnt down, or wherever he was staying at burnt, and he burnt with it.

Sita Sovin & Lauren Eskenazi’s Notes on Interview #3 with Fidela Hernandez, Mother of Carlos Hernandez (Sept. 16, 2004) at 2 (“Javier was wild, Carlos was not wild.”);

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Sylvia Hernandez, Sister-in-Law of Carlos Hernandez (Oct. 27, 2004) at 2 (“Javier and [his wife] Sylvia started to fight [at their home] over the gas tank. . . . At first, Javier did not have matches. Then he lit a match. . . . Sylvia thinks Javier intentionally stayed inside the house [after the match ignited].”);

Peso Chavez’s Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 4 (“[Carlos’s] brother Javier died in a fire . . . .”).

84.

Murder Victim Found In Park, Robstown Record, May 24, 1979 at 1, 5 (“The badly beaten body of a 22 year old man was found Saturday morning in [a] Park . . identified as Efrian Hernandez . . . . The man was apparently killed by being beaten and cut with a bottle . . . there were lacerations around the victim’s face and abdomen”);

William Belford, Summary of Efrain Hernandez Death Record at Nueces County Clerk’s Office (July 7, 2005) at 1 (“Cause of death was traumatic head injury and aspiration of blood. A description of how the injury occurred was that the deceased was beaten and stabbed with a bottle. The cause of death was ruled a homicide.”).

85.

Arrest Sheet No. C21250 for Juan Velasquez, Robstown Police Dep’t (May 25, 1979) at 1 (“Capital Murder Warrant . . . above subject arrested at the station on warrant #21999 issued by Judge B. Serge”);

Three Held in Two Homicides, Corpus Christi Caller-Times, May 26, 1979 (“Two men were arrested on charges of capital murder in connection with . . . beating and cutting last weekend of Efrain Hernandez, 21, of Corpus Christi. Arrested after turning themselves in at the Corpus Christi police department were Alonzo Gonzales, 24 . . . and Juan Velasquez, 23”);

William Belford, Summary of Efrain Hernandez Death Record at Nueces County Clerk’s Office (July 7, 2005) at 1 (“Captain Secundino TAMEZ of the Robstown PD admitted that there were very few leads [to the killing of Ephrain Hernandez]. The Robstown PD claim that all offense reports, even homicides, are destroyed after 10 years [and were not available as of 2005].”);

William Belford, Summary of Criminal Record of Juan Velasquez (Aug. 2, 2005) at 3 (“The pre-sentence report also gives list of VELASQUEZ’s arrests up to 1990—confirms he was arrested on 05/25/79 for capital murder [evidently of Ephrain Hernandez] which was dismissed”).

86.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:41:29–14:42:17 (noting that Ephrain was “dancing with some girl, and apparently the girl had a lover, another girl. And she got jealous . . . . And she broke a quart bottle and cut his throat and cut a piece of his eye out. . . . [T]hey threw him in the park[, and] they left him face-up and he choked on his own blood.”);

Sita Sovin & Lauren Eskenazi’s Notes of Interview #2 with Fidela Hernandez, Mother of Carlos Hernandez (Sept. 15, 2004) at 5–6 (“[Frankie] was trying to make friends with a girl and Irene got mad at him, took him out of town and her brother stabbed him. . . . Frankie was killed by Irene Lopez who was in a lesbian relationship. Irene had a brother who was involved in the killing. Irene went to prison. One of Frankie’s eyes was carved out in the killing.”);

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) (“Freddy death [sic] also involved foul play. He was killed and his body dumped at [a park].”);

Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 3 (“‘He [Frankie Hernandez] was in a relationship with a woman whose lover was a lesbian and the lover killed him. This happened in Robstown, Tex..’”);

Peso Chavez’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (July 21 and 23, 2004) at 3 (“GLORIA’S KNOWLEDGE ABOUT THE HERNANDEZ FAMILY: . . . EFRA[I]N HERNANDEZ: Deceased—Murdered.”).

87.

See supra notes 40, 41 and accompanying text.

88.

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 6;

James S. Liebman’s Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Dec. 4, 2004) at 3 (“Gerardo was different from the rest [of the Hernandez family].”);

James S. Liebman’s Notes on Interview with Bea Martinez, Sister of Fidela Hernandez (November 3, 2005) at 1 (“Fidela went out to Calif[ornia] to visit Gerardo, and he told her she was no longer part of his family. He would stick with his wife’s family.”);

Peso Chavez’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (July 21 and 23, 2004) at 1 (“Gerardo Hernandez . . . cleaned his hands of that family and went in the service.”);

Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 3 (“Once [Gerardo] was out of Corpus Christi he did not want anything to do with the family. He moved to California and worked for the Post Office.”).

89.

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 6.

90.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:08:40.

91.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:24:47 (“I’ll be honest with you, I was really scared of this dude. I mean, I fought him off for a long time. And I just wanted to leave it at that. I didn’t want things to escalate, maybe me killing him or him killing me, you know what I’m saying. . . . I knew eventually we were going to get to a point where we were going to hurt each other. One of us was going to hurt somebody real bad. But I wasn’t looking forward to it.”).

92.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at [14:24:47].

93.

Transcribed Videotape Interview with Marcella Brown, Friend of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 13:29:09 (“Well, Carlos, like I said, was an . . . Well, he’s an alcoholic. He drank, and when he drank he got very obnoxious.”);

Transcribed Videotape Interview with Beatrice Tapia, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 08:29:23 (“But . . . when Carlos Hernandez was drunk, well, that was a different side of Carlos Hernandez that I saw. He was, Carlos Hernandez was very aggressive. He was constantly, Carlos Hernandez was constantly mad at the world.”);

Lauren Eskenazi & Sita Sovin’s Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Oct. 29, 2004) at 2 (“Carlos Hernandez was a heavy drinker who often talked and bragged.”);

Bruce Whitman’s Notes on Interview with Johnny Arsuaga, Cousin of Carlos Hernandez and John Arsuaga (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 Josephine [Solis, sister of Fidela Hernandez] 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.”);

James S. Liebman & Peso Chavez’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 1 (“C[arlos] Hernandez was crazy when he drank.”);

Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 2 (describing Hernandez as a heavy drinker with an “[u]ngovernable temper after consumption of [a] large amount of alcohol”);

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] would drink . . ., he would get ‘mean.’”);

Peso Chavez’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (July 21 and 23, 2004) at 1 (“Ms. Sanchez dated Carlos Hernandez in the late 70’s for approximately 6 to 8 months—he was dating other women as well. Ms. Sanchez’ brother, Johnny Longoria (deceased) was very upset with her because she was dating Carlos. He would tell her, ‘Nobody likes the guy—he is a crazy lunatic with a bad temper.’ According to Ms. Sanchez . . . his [Carlos Hernandez’s] sister Paula told me [the same thing].”);

Bruce Whitman’s Notes on Interview with Eddie Schilling, Nephew of Carlos Hernandez (Aug. 8–9, 2004) at 1 (“Eddie spent time with his uncle Carlos Hernandez during his formative y[ea]rs. As long as he remembers [Carlos Herandez] was an alcoholic, who drank beer and hard liquor daily. . . . Eddie watched [his uncle] do crazy things including fighting, yelling, throwing things, slamming doors all of which frightened Eddie and his siblings.”).

94.

Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 939–40, 960 (“Q. ‘You do drink Schlitz, don’t you?’ [Carlos Hernandez:] ‘Yes. . . . Old Milwaukee is my favorite too.’”; testifying that he bought a six-pack of Schlitz beer the night of Dahlia Sauceda’s murder);

Transcribed Videotape Interview with Jon Kelly, Attorney for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:47:13 (“[Carlos Hernandez drank] Cerveza. Beer. Whatever was popular at the time. If it was Miller Lite at the time or it was, nowadays it was Bud Lite, and I think we’re going back to Miller again, or Coors. He drank beer. Schlitz, I used to like Schlitz, and we would drink that.”);

Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 4 (“[Carlos Hernandez] drank beer; whatever was popular at the time. Falstaff, Jacks, Miller Lite.”);

Bruce Whitman’s Notes on Interview with Eddie Schilling, Nephew of Carlos Hernandez (Aug. 8–9, 2004) at 1 (“[Carlos Hernandez] drank Bush or Bud beer”);

Lauren Eskenazi & Sita Sovin’s Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Oct. 28, 2004) at 2 (“He drank Schlitz or Miller Lite.”).

95.

See supra note 42–44, 90.

96.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:08:40;

see Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi (Dec. 5, 2004) at 07:32:08–07:33:28:

Q. Now did Carlos Hernandez drink?

A. Yes, a lot. He drinked a lot. And he was kind of like very—When he was drunk, the world was his. The world was his. It was like everything in the neighborhood belonged to Carlos. We couldn’t say nothing. He was always very abusive. . . . Like he was very, like he was somebody big, somebody that people wouldn’t say nothing to him. That he could do things and people wouldn’t say nothing.

See also Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 6 (“It was said by [Kelly’s] other [criminal defense] clients that Carlos is a chicken: ‘He stabbed people in the back’”).

97.

Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 02:48:56 (“He looked like the demon when he was under the influence, Carlos Hernandez, in other words. It was totally the opposite of when he was sober. When Carlos Hernandez was sober it was different, he would go and do a day’s job, but then at night it was like an evil person. And this was an every day thing, drinking, drinking, it was an every day thing.”);

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:46:13 (“He never looked normal. When he was drunk he looked uglier. He had an evil look on his face . . . .”);

other source cited infra note 98.

98.

Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 02:48:56 (“He looked like the demon when he was under the influence, Carlos Hernandez, in other words. It was totally the opposite of when he was sober. When Carlos Hernandez was sober it was different, he would go and do a day’s job, but then at night it was like an evil person. And this was an every day thing, drinking, drinking, it was an every day thing.”).

99.

Carlos DeLuna and Carlos Hernandez Height and Weight Comparison (Jan. 25, 2010) (collecting descriptions of Carlos Hernandez’s height and weight at various times as recorded by the police in arrest reports, and indicating, for example, that Hernandez he was 5’7” and 160 pounds at multiple times in 1983).

100.

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].”);

Freddy Schilling, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 870, 871, 875–76 (“When [Carlos Hernandez is] drinking, he talks a lot, [and is] just kind of violent”; describing incident when he [Freddy Schilling] was asleep and woke up to find Carlos Hernandez beating him; “‘Q. When [Carlos] gets drunk, does he like to fight?’ ‘A. If you’re around him. If I would have been around him, he probably would have.’”);

Transcribed Videotape Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Feb. 23, 2005) at 11:24:50 (noting that other people “were afraid of [Carlos Hernandez]. And I think that especially his brothers Javier and Efrain, I think they were afraid of him.”);

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:24:47 (“I’ll be honest with you, I was really scared of this dude [Carlos Hernandez].”)

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Sylvia Hernandez, Sister-in-Law of Carlos Hernandez (Oct. 27, 2004) at 1 (describing Carlos Hernandez as having a “mean face” and noting that she was scared of him);

Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 2–4, 5 (“People gave him [Carlos Hernandez] a wide berth. . . . He could be frightening. I saw that.”; “I enjoyed dealing with him [Hernandez]. I treated him with respect. He did things for me. Only problem was when he came around to my house and scared people, and I had to ask him to stay away. It wasn’t how he acted but how he looked. You could sense the evil.”);

Peso Chavez’s Notes on Interview with Gilbert Limon, Acquaintance of Carlos Hernandez (Aug. 12, 2004) at 2 (stating that Carlos Hernandez “was strange, especially when he was drunk. He always carried a ‘Buck Knife’. . . . [T]he guy just starts carving on his stomach with his knife.”);

Bruce Whitman’s Notes on Interview with Maria Martinez, Neighbor of Hernandez Family (July 22, 2005) at 1 (describing Carlos Hernandez as a “mean man”);

Bruce Whitman’s Note on Interview with Eddie Schilling, Nephew of Carlos Hernandez (Aug. 8–9, 2004) at 1 (noting that he observed Carlos Hernandez “do crazy things including fighting, yelling, throwing things, slamming doors all of which frightened Eddie and his siblings”);

Peso Chavez’s Notes on Interview with John Michael Schilling, Nephew Carlos Hernandez (Aug. 12, 2004) at 2 (“Mr. Schilling recalls that growing up everyone was afraid of [his uncle] Carlos [Hernandez]. He stated, ‘I just remember we were all afraid of him.’”);

Peso Chavez’s Notes on Interview with Johnny Ybañez, Neighbor of Carlos Hernandez (Aug. 4, 2004) at 1 (“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.”).

101.

Peso Chavez’s Notes on Interview with John Michael Schilling, Nephew Carlos Hernandez (Aug. 12, 2004) at 2.

102.

James S. Liebman’s Notes on Interview with Bill May, Corpus Christi Criminal Defense Lawyer and Former Assistant District Attorney (July 13, 2004) at 2 (“I was scared of him. Said shit that was totally incomprehensible. I was scared of him—dangerous, very dangerous.”).

103.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 15:02:08.

104.

Peso Chavez’s Notes on Interview with John Michael Schilling, Nephew Carlos Hernandez (Aug. 12, 2004) at 1–2:

Mr. Schilling was close to his uncle Javier and liked him but he was not fond of his uncle Carlos. His impression of Carlos Hernandez was that he was a “violent man.” He recalls on one occasion that Javier showed up at his mother’s home covered with blood. He told her that he and Carlos had been drinking and Carlos stabbed him in the leg with a knife. When his mother asked Javier why he allowed him to do that he stated, “Because he’s my brother.”

105.

Peso Chavez’s Notes on Interview with John Michael Schilling, Nephew Carlos Hernandez (Aug. 12, 2004) at 2:

Mr. Schilling recalls that growing up everyone was afraid of [his uncle] Carlos [Hernandez]. He stated, “I just remember we were all afraid of him . . . . But the one thing I do remember was that he was always sharpening his buck knife”. . . . I asked Mr. Schilling if anyone in his family had ever talked about his uncle Carlos killing anyone. He stated, “I was never informed of any killings either by my mom or Carlos. I was really young and I don’t think they would have talked to me about that. However, I do recall my mother telling me that Carlos had carved an ‘X’ on someone’s back.”

106.

James S. Liebman’s Notes on Interview with Paul Rivera, Corpus Christi Police Detective (July 14, 2004) at 2;

see 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 Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004) at 1:

How [Gloria Sanchez] hooked up with CH [Carlos Hernandez]: Gloria got married, then was separated. Freddy (Schilling) was friend of her brother Johnny Longoria. GS [Gloria Sanchez] met [Carlos Hernandez’s sister] Paula thru [sic] Johnny; Paula introduced her to CH [Carlos Hernandez]. “My ex would come and Carlos Hernandez would hide in the bedroom.” Gloria’s daughter recently remembered him hiding their [sic] from her dad. Daughter also remembers Carlos had a crazy look in his eyes. Like guys at the carnivals. “Never nice.”

See also other sources cited supra note 93.

107.

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 5 (citing Carlos Hernandez’s “violent and ungovernable temper”);

Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 2, 4 (describing the “wide berth” people gave Carlos Hernandez “when he got angry”; “In a cantina, he was given leeway by people. The only people who would challenge him were looking for a fight. Cantina etiquette was to give him plenty of room.”);

Peso Chavez’s Notes on Interview with Gilbert Limon, Acquaintance of Carlos Hernandez (Aug. 12, 2004) at 2 (recalling that Carlos Hernandez “was strange, especially when he was drunk. He always carried a ‘Buck Knife’. . . . [T]he guy just starts carving on his stomach with his knife.”);

Peso Chavez’s Notes on Interview with John Michael Schilling, Nephew Carlos Hernandez (Aug. 12, 2004) at 1–2:

Mr. Schilling was close to his uncle Javier and liked him but he was not fond of his uncle Carlos. His impression of Carlos Hernandez was that he was a “violent man.” He recalls on one occasion that Javier showed up at his mother’s home covered with blood. He told her that he and Carlos had been drinking and Carlos stabbed him in the leg with a knife. When his mother asked Javier why he allowed him to do that he stated, “Because he’s my brother.”

Peso Chavez’s Notes on Interview with Johnny Ybañez, Neighbor of Carlos Hernandez (Aug. 4, 2004) at 1 (“Once Carlos started drinking he got real dangerous and that’s when you had to stay away from him.”).

108.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi (Dec. 5, 2004) at 07:32:05–07:32:35 (“Q. Now did Carlos Hernandez drink? A. Yes, a lot. He drinked a lot. And he was kind of like very—When he was drunk, the world was his. The world was his. It was like everything in the neighborhood belonged to Carlos. We couldn’t say nothing.”);

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:34:55 (“Everybody around the neighborhood knew what Carlos was like. Nobody really wanted to mess with him. He’d come around, everybody would be real quiet. No one would say nothing. They didn’t even want to start a conversation with him.”).

109.

Transcribed Videotape Interview with Jon Kelly, Attorney for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:33:16 (“The men, when we were walking [into a bar], were rather boisterous around the pool table. When Carlos was seen it became very quiet. And, you know, you knew that something, that people were saying, ‘That’s Carlos Hernandez.’ I got that feeling.”);

Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 2–4:

People gave him [Carlos Hernandez] a wide berth. . . . [Hernandez was a] Tough guy. Mexican. Let it be known he was tough. Nobody bothered him. If he chose to play pool in a Cantina, people moved away. They let him play. Went drinking at a bar with Carlos. . . . [In] a cantina, he was given leeway by people. The only people who would challenge him were looking for a fight. Cantina etiquette was to give him plenty of room. . . . He could be frightening. I saw that. Someone he didn’t like, and vice versa; CH responded in kind. I knew it was time to leave. . . . I do remember in a cantina people saying, “you represent Carlos, he’s a bad guy.”

Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 8:

A. I saw in the reaction to him by people [at the Cantina] that they gave him some berth.”

Q. Which Cantina?

A. It wasn’t an awful place. On Port a little further out. Wasn’t all cement bricks; had real tables and chairs; pool; people there appeared to know him. He asked where do you want to go. Carlos was with me; not frightening [for me to go]; clearly a cantina, not where lawyers would normally go, ever.

Q. Why did you go?

A. He [Carlos Hernandez] wanted me, too. Maybe he got me information. I offered him money for it. He said no, you’ll do m[e] a favor some time; buy me a beer. So he took me to the bar; I asked him where he wanted to go.

110.

Transcribed Videotape Interview with Jon Kelly, Attorney for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) 06:33:16 (“The men, when we were walking [into a bar], were rather boisterous around the pool table. When Carlos was seen it became very quiet. And, you know, you knew . . . that people were saying, ‘That’s Carlos Hernandez.’ I got that feeling.”);

Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 4 (“I do remember in a cantina people saying, ‘you represent Carlos, he’s a bad guy.’”).

111.

Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 4–5 (discussing a confrontation in a bar Kelly observed when he went there with Carlos Hernandez: “He [Carlos Hernandez] said, “I beat up his girlfriend” (explaining why someone was hostile to him in a cantina). . . . I remember the confrontation; fists, knives; menacing. I knew it was time to leave. I d[id]n’t know what would happen. Ugly things were said. He [Hernandez] wouldn’t back down usually.”; “He [Hernandez] could be frightening. I saw that. Someone he didn’t like, and vice versa; CH [Carlos Hernandez] responded in kind. I knew it was time to leave.”).

112.

Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 5:

Carlos was not liked. Why? I imagine because he was dangerous. He was not the prince of peace. I enjoyed dealing with him. I treated him with respect. He did things for me. Only problem was when he came around to my house and scared people, and I had to ask him to stay away. It wasn’t how he acted but how he looked. You could sense the evil. You felt like you couldn’t trust him. But he acted obsequious when he came to the house.

113.

Peso Chavez & James S. Liebman’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004), at 1 (“Paula [Hernandez] and CH [Carlos Hernandez] were really close. . . . When GS [Gloria Sanchez] was going out with CH, Paula wanted me to stay with him.”);

Bruce Whitman’s Notes on Interview with Eddie Schilling, Nephew of Carlos Hernandez (Aug. 8–9, 2004) at 2 (“[Carlos Hernandez] and Eddie’s mother Paula were ‘very close’ and [Carlos] was protective of Paula.”).

114.

See infra notes 220–232 and accompanying text; infra Chapter 7, notes 135–138, 158–159, 169, 215–217 and accompanying text.

115.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi (Dec. 5, 2004) at 07:32:05 – 07:33:28:

Q. Now did Carlos Hernandez drink?

A. Yes, a lot. He drinked a lot. And he was kind of like very—When he was drunk, the world was his. The world was his. It was like everything in the neighborhood belonged to Carlos. We couldn’t say nothing. He was always very abusive. . . .

Q. And how about when he was drunk. Would it change how he spoke about things?

A. Yes it sure did. He said things he shouldn’t have said. Things that weren’t, that I felt we didn’t have to know. . . .

Q. And what was his tone[;] why was he saying these things?

A. Like he was very, like he was somebody big, somebody that people wouldn’t say nothing to him. That he could do things and people wouldn’t say nothing.

See infra Chapter 7 notes 200–203 and accompanying text [ca. n.199]. Carlos Hernandez was arrested multiple times after his release from prison in 1978—including for parole violations such as possessing a weapon—but never had his parole revoked. See, e.g., Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (July 29, 1978) at 1 (arresting Carlos Hernandez for public intoxication and for violating a weapons ordinance by carrying a fixed blade knife);

Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Aug. 19, 1978) (arresting Carlos Hernandez for assault);

Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Jan. 10, 1980) (arresting Carlos Hernandez for outstanding warrants);

Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Oct. 26, 1981) at 1 (arresting Carlos Hernandez for threatening his girlfriend with a knife);

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.”).

116.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:32:14.

117.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:32:14.

118.

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.”).

119.

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.”).

120.

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.”).

121.

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.”).

122.

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].”).

123.

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”).

124.

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.

125.

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.

126.

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.”).

127.

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.

128.

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.’”).

129.

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.”).

130.

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)”).

131.

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.’”).

132.

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”).

133.

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.”).

134.

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”).

135.

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.”).

136.

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.”).

137.

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.

138.

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”).

139.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:46:13–03:48:25 (“Carlos used to dress real ugly. He looked more like a hobo.”);

see Peso Chavez’s Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 2 (“Hernandez’s clothes: He always wore a t-shirt and jeans. Size 8 1/2 shoes—tennis shoes from payless. He was sloppy, ugly. His hair was always like that. He looked homeless. Would wear a flannel shirt when it got cold—squares, plaid”).

140.

Transcribed Videotape Interview with Dina Ybañez #013, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:48:25 (“[Hernandez would wear a white] t-shirt. Jeans. His beer. And in cold weather he would wear a flannel jacket and tennies. He was real sloppy. He looked more like a hobo.”);

see Peso Chavez’s Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 2 (“Hernandez’s clothes: He always wore a t-shirt and jeans. Size 8 1/2 shoes—tennis shoes from [P]ayless. He was sloppy, ugly. His hair was always like that. He looked homeless. Would wear a flannel shirt when it got cold—squares, plaid.”).

141.

Transcribed Videotape Interview with Marcella Brown, Friend of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 13:26:50 (“Carlos Hernandez, the way he dressed for the winter time was usually a pair of jeans, a T-shirt underneath, and the he had, like, a white or off-white thermal long-sleeved shirt. That’s pretty much what he wore, ‘cause he was pretty much always at home. If he went out or something, I don’t know, a blue jean jacket, somebody got Carlos Hernandez a blue jean jacket, or flannel-type, those thick, kind of coat shirts, something like that, too.”);

Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 03:01:10 (“[Hernandez] liked the muscle shirts or the T-shirts that you cut off the sleeves, he was into that. Probably because of summertime. Shorts. And a lot of jeans, blue jeans. He was a T-shirt guy, he never wore a button-up shirt, I don’t think I’ve seen him.”);

Transcribed Videotape Interview with Jon Kelly, Attorney for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:46:12 (“[Hernandez would wear] jeans, T-shirt. Tennies. It was not unusual for someone like Carlos to wear that and that was kind of what he usually wore. Occasionally, if we went to court or something, he would have a shirt on. But almost always jeans and a T-shirt and tennies.”);

Transcribed Videotape Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Feb. 23, 2005) at 11:29:37 (“Ok, most of the time Carlos Hernandez would wear blue jeans, T-shirts. On occasion he would wear this blue shirt that he knew that I liked, but the majority of the time it was just blue jeans and T-shirts.”);

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:29:55 (“He mostly wore blue jeans, T-shirts. . . . Flannel jacket, yes. Seen him in flannel shirts, sure had.”);

Bruce Whitman’s Notes on Interview with Eddie Schilling, Nephew of Carlos Hernandez (Aug. 8–9, 2004) at 1 (“[Carlos Hernandez] wore jeans and and t-shirts in the summer and in the winter jeans, sweat shirts, long sleeve thermo shirts . . . over his t-shirt”);

James S. Liebman’s Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Dec. 4, 2004) at 1 (“CH [Carlos Hernandez] always wore white t-shirt, blue jeans.”);

James S. Liebman’s Notes of Interview with Cruz Perez & Lisa Garza, Friends of Carlos Hernandez (Nov. 3, 2005) at 2 (Lisa Garza: “He [Carlos Hernandez] always wore those shirts I hate that daddy always wore.” Cruz Perez, Lisa’s mother: “blue and red checked flannel shirts.”).

142.

Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 03:01:29 (“[Carlos Hernandez] didn’t know how to act, they’d [never] go somewhere to the mall or something. No, they wouldn’t . . . he’d never get out of that barrio. It was just there. It’s just like a triangle, blood bank, beach, house, blood bank, beach house.”).

143.

Transcribed Videotape Interview with Diana Gomez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Dec. 7, 2004) at 03:00:54 (“[Hernandez] never did sport a full beard, I don’t remember that, but the mustache, yes, he would always.”);

see Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 4 (“Most of the time he had a thin Zachary Scott mustache; sometimes thicker; not long hair; no bear[d] . . . .”).

144.

Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Jan. 22, 1971) (“Reference an accident [Hernandez] was involved in on December 30, 1970.”);

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 3 (“Carlos felt guilty for killing Louis [Sissamis] in the car accident and was trying to make it up to Paula by killing Dahlia [Sauceda]. Carlos was driving the car, Paula was in the front seat and Louie in the back when Carlos crashed the car killing Louie. They were celebrating the pending marriage of Paula and Louie.”);

Peso Chavez & James S. Liebman’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004) at 1 (“CH [Carlos Hernandez] in car accident killed Paula’s boyfriend, “Louie” Sissamis in accident. . . . Carlos driving, drunk. Night before wedding [of Paula and Louis]. . . . She [Sanchez] wonders: Did CH feel that his sister resented him for this, or did he feel bad. Is that what drove him.”).

145.

Accident Report #70–7905, Corpus Christi Police Dep’t (Dec. 30, 1970) (noting that Carlos Hernandez was traveling in excess of 100 mph on a road with a 30 mph speed limit);

Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) at 9 (“[Hernandez] was involved in the wreck of a car in which a passenger in his car that he was driving was killed. He was charged with excessive speeding and driving while under the influence of intoxicating liquor.”);

Wrecks Kills Six in South Texas, Corpus Christi Caller-Times, Jan. 1, 1971, at 1, 6:

Six persons were dead and 10 others injured as a result of traffic accidents in South Texas, late Wednesday night and yesterday . . . The injured, their hospitals and conditions are: . . . Lewis V. Sissmis, 19, Cabaniss Field mobile home park, critical condition, Memorial Medical Center . . . . At 11:20pm Wednesday, an automobile driven by Carlos Hernandez, 16, of 2302 Kinsolving, skidded 487 feet into the on-coming traffic lane in the 200 block of Morgan and collided broadside with a vehicle driven by Nicanor L. Zamora, 18 of 2905 Sokol. Both drivers were treated and released from Memorial [M]edical Center. Injured passengers in the Hernandez vehicle were Pauline Hernandez and Guadalupe Peña.

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 3 (“Carlos felt guilty for killing Louis in the car accident and was trying to make it up to Paula by killing Dahlia [Sauceda]. Carlos was driving the car, Paula was in the front seat and Louie in the back when Carlos crashed the car killing Louie. They were celebrating the pending marriage of Paula and Louie.”).

146.

Transcribed Videotape Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez, in Corpus Christi (Feb. 23, 2005) at 10:48:14–10:48:55 (“I always felt that maybe Carlos felt guilty for what had happened and always tried to help Paula or gain back her love or whatever it was. Because I think, deep down, she did resent him.”);

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:45:54–14:47:04 (“[Paula] had a boyfriend. In fact, they were Greeks. I can’t recall what his name was. But anyhow, my wife was in love with him. His parents had just bought him a ’69 G.T.O.”);

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 3 (“Carlos felt guilty for killing Louis in the car accident and was trying to make it up to Paula by killing Dahlia [Sauceda]. Carlos was driving the car, Paula was in the front seat and Louie in the back when Carlos crashed the car killing Louie. They were celebrating the pending marriage of Paula and Louie. Paula and Louie did not have sex before Louie died.”).

Peso Chavez & James S. Liebman’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004) at 1 (“CH [Carlos Hernandez] in car accident killed Paula’s boyfriend, “Louie” Sissamis in accident. . . . Carlos driving, drunk. Night before wedding [of Paula and Louis]. . . . She [Sanchez] wonders: Did CH feel that his sister resented him for this, or did he feel bad. Is that what drove him.”);

Danalynn Recer’s Notes on Interview with Elias Sissamis, Half Brother of Louis Sissamis (Aug. 20, 2004) at 1 (“Louis only lived with Elias’[s] family for a very short time. But, Elias says that Louis was thought of in the family as a ‘nice, kindhearted and sweet person just like his mother.’”).

147.

Danalynn Recer’s Notes on Interview with Elias Sissamis, Half Brother of Louis Sissamis (Aug. 20, 2004) at 1 (“My father was never the same. This happened right around New Year’s and every year around New Year’s, my dad would get upset. He wouldn’t say anything, but his whole demeanor changed and we all knew why.”).

148.

Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) at 7–8, 9 (“Carlos appeared to be suffering some guilt reaction towards this accident”, and “did admit that he had been drinking at the time of the accident but stated that he was not aware that he was speeding . . . Carlos has been sobered quite a bit by the effects of the recent accident. He does realize the seriousness . . . .”; “The accident seem[s] to have had a very sobering effect on Carlos and he definitely is feeling some guilt because of this and because of the death of the fiancé of his sister.”).

149.

Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) at 3 (“Carlos Hernandez, Jr. was referred on a charge of negligent homicide. . . . Official reports and subject questioning indicates that Carlos had been driving the automobile of his sister’s boyfriend. . . . The accident ensued and the boyfriend, was killed, the sister was injured. . . . Judge Martineau agreed to follow the recommendations of this department by placing the boy on official probation for an indefinite period of time.”).

150.

See supra note 115; infra notes 172, 177–183 and accompanying text; infra Chapter 7, notes 200–203 and accompanying text; infra Chapter 8, notes 26–44 and accompanying text; infra Chapter 9, notes 28–49, 90 and accompanying text; infra Chapter 15, notes 143–148, 181–182 and accompanying text; infra Chapter 17, notes 106–107 and accompanying text.

151.

Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) at 7–8 (“Carlos appeared to be suffering some guilt reaction towards this accident”, and “did admit that he had been drinking at the time of the accident but stated that he was not aware that he was speeding . . . Carlos has been sobered quite a bit by the effects of the recent accident. He does realize the seriousness . . . .”);

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 3, 5 (“Carlos felt guilty for killing Louis in the car accident and was trying to make it up to Paula by killing Dahlia [Sauceda]. Carlos was driving the car, Paula was in the front seat and Louie in the back when Carlos crashed the car killing Louie. They were celebrating the pending marriage of Paula and Louie.”; “Carlos defended and protected Paula a lot. He protected her from abusive boyfriend Mencho, even though Carlos was friend with Mencho”);

James S. Liebman’s Notes on Interview with Rita Hull, Friend of the Hernandez Family (Nov. 4, 2005) at 1 (“RH [Rita Hull] Confirmed what she has told us previously: that Paula Hernandez knew from CH that he killed Dahlia. RH thinks CH did it to compensate for having killed Louie Sissamus.”);

James S. Liebman’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004) at 1 (“She wonders: Did CH feel that his sister resented him for [Louie Sissamis’s death], or did he feel bad. Is that what drove him.”).

152.

See infra note 220 and accompanying text; infra Chapter 7, notes 16, 102–104, 215–218 and accompanying text.

153.

Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) at 7–9 (noting that Fidela “tended to minimize the situation” in which her son found himself as a result of the accident; that Carlos had been the “most serious problem in the family” after causing trouble in schools and dropping out, “evidenced some character behavior in the last several months” before the accident, “does not have any well-defined goals for his future,” and “began to be something of a problem to his mother by staying out late and so forth.”).

154.

Admission Summary, Tex. Dep’t of Corrections (Nov. 6, 1972) at 2 (Dep’t of Public Safety Compendium at 14 of 37) (reporting Carlos Hernandez’s juvenile record as “7 arrests,” 5 of which are described: negligent homicide; drunk (7 days in jail); traffic violations (7 days); disturbing the peace (5 days in jail); and sniffing lacquer (7 days in jail));

Social and Criminal History of Carlos Hernandez, Jr., Texas Department of Corrections, Huntsville, Tex., (Mar. 15, 1990) at 2 (“interviewed without current DPS report—old DPS report indicates a record of 4 arrests—admits to 10 prior arrests resulting in a juvenile probated sentence, Nueces County, 1970 for Negligent Homicide (involved in an accident in which a juvenile was killed)—claims 7 days, 7 days, 5 days and 7 days respectively, Corpus Christi, Texas City Jail for Public Intoxication, Traffic Tickets, Disturbing the Peace and Sniffing Paint Lacquer . . .”).

155.

See supra note 34.

156.

Juvenile Case #9699 Call Sheet, Corpus Christi Police Department (March 21, 1971) at 1 (showing that Carlos Hernandez, age 16, was arrested at 10:35 p.m. for “paint sniffing” and “fighting incorrigible”; “This boy was fighting with his brothers, and also giving his mother a bad time. He had been under influence of some sort of intoxicatent (sic). Glue or paint. He had to be restrained and at Mother’s request, placed in jail for safe keeping”; transferred the next day to a juvenile shelter);

Arrest No. B22380, Corpus Christi Police Dep’t, Offense # N–2722 (March 21, 1971) at 1 (stating that officers observed Carlos fighting with his “older [sic] brother” at his residence; mother “wanted subject placed in custody” and “stated subject had been sniffing paint and couldn’t control subject”; “Transferred to J[uvenile] H[all]”);

Offense Report Juvenile Case #9699 Call Sheet (March 21, 1971) at 1 (describing Carlos as fighting with “Fist and feet” and having to be restrained on couch by his brother “Juan [sic, Gerardo] Hernandez”; “Subject was cursing and fighting everyone including his mother”; “mother insisted that we take her son to jail for their [family’s] protection”).

157.

Juvenile Face Sheet, for Carlos Hernandez, Case #71-9699, Probation Dep’t (Feb. 11, 1971) at 2 (juvenile records compendium at 4 of 37) (“Mr. Soliz, Carlos’[s] uncle . . . agreed to take the boy on the condition that the mother did not interfere with the upbringing.”).

158.

Juvenile Face Sheet for Carlos Hernandez, Case #71-9699, Probation Dep’t (Feb. 11, 1971) at 2 (juvenile records compendium at 4 of 37).

159.

Irvington High School Transcript for Carlos Hernandez at 1 (1971);

see Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) at 4 (Apr. 29–June 4, 1971) (noting that Carlos has not contacted his Corpus Christi case juvenile case officer, but information from Carlos’s grandmother “indicates that he is doing very well”).

160.

Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) at 4, 5 (Sept. 11, 1971: “Carlos has returned to C[orpus] C[hristi], but [he] wants to go back to California. Carlos [has] turned 17. He is not going to make it with his mother—or his friends in CC. California seems the best bet. Case to be closed.”; Aug. 8–Sept. 23, 1971:

[U]ncle did not wish to have Carlos living with him anymore since the boy wanted to be on his own. The worker explained to the mother that Carlos was 17 years old and considered an adult and if he wished to go live in California then she could not stop him. . . . This department will not try to keep Carlos with the mother, since there is some hostility on part of the dead boy’s [Louis Sissamis’s] parents as well as his friends. This hostility along with the mother’s inability to provide proper supervision indicates he will be better off in another environment.

161.

Order, Juvenile Court of Nueces County (September 23, 1971) at 1 (decreeing that “this Court’s former judgment of delinquency and commitment or parole is hereby revoked and vacated” and Carlos Hernandez is “restored to the custody of his parents [sic], Fidela Hernandez.”);

Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) at 5 (Sept. 23, 1971: closing Carlos Hernandez’s case and ending his probation “since Carlos will be returning to California . . . . This worker gives Carlos a favorable recommendation if he desires to enter the military service.”).

162.

Case History for Carlos Hernandez, Clark J. Miller, Corpus Christi Juvenile Case Officer (Feb. 11, 1971) at 5 (Aug. 8–Sept. 23, 1971: “[U]ncle did not wish to have Carlos living with him anymore since the boy wanted to be on his own.”).

163.

Irvington High School Transcript for Carlos Hernandez at 1 (1971) (noting that Carlos Hernandez withdrew from Irvington High School on Jan. 3, 1972).

164.

Felony Theft of a Car, Case No. 14948, 105th Judicial District of Nueces County (Jan. 31, 1972) at 2, 14 (charging Carlos Hernandez with fraudulently tak[ing] a 1961 Chevrolet . . . of the value of over $50.00, the same being the corporeal property of Janie Cacino, from the possession of Janie Cancino.”; noting that Carlos Hernandez pleaded guilty to the offense);

Carlos Hernandez Criminal Record Transcript, Texas Dep’t of Public Safety (Jan. 31–Oct. 3, 1972) at 3, 12 (noting that Carlos Hernandez was also charged with traffic violations in connection with his January 31, 1972, auto theft: driving without a license and without lights);

Admission Summary, Tex. Dep’t of Corrections (Nov. 6, 1972) at 15.

165.

Carlos Hernandez Arrest Record, Nueces County District Attorney’s Office, Offense No. 20229123 (Feb. 29, 1972) (reporting that police arrested Carlos Hernandez for “sniffing” and “found a white rag wet with gold paint in his pocket” and “[a] gold spray can” nearby; that Hernandez’s “[b]reath smelled of solvent”; and that he had “ammunition on his person when arrested.”).

166.

Grand Jury Indictment of Timoteo Clark and Carlos Hernandez (Nueces Cty. 105th Dist., Feb. 1972) at 1 (describing the April 3, 1972 armed robbery of Dick Rainey);

Carlos Hernandez Criminal Record Transcript, Texas Dep’t of Public Safety (Jan. 31–Oct. 3, 1972) at 3 (listing arrests for armed robbery on April 3 and April 5);

Admission Summary, Tex. Dep’t of Corrections (Nov. 6, 1972) at 23 (describing three separate robberies on or around April 3, 1972 committed with codefendants Tim Clark and Alfonzo Obrega for which Hernandez pled guilty).

167.

Admission Summary, Tex. Dep’t of Corrections (Nov. 6, 1972) at 2–3;

Voluntary Statement of Clara Carson, Store Clerk at Circle K Robbed by Carlos Hernandez, Corpus Christi Police Dep’t (Apr. 5, 1972) at 1.

168.

Voluntary Statement of Clara Carson, Store Clerk at Circle K Robbed by Carlos Hernandez, Corpus Christi Police Dep’t (Apr. 5, 1972) at 1 (“I saw the man who had robbed our store on April 3, 1972 [in the line-up]. . . . I am positive and without doubt this is the same man.”).

169.

Admission Summary, Tex. Dep’t of Corrections (Nov. 6, 1972) at 2–3;

Timoteo Clark’s Stipulation and Judicial Confession, Texas v. Clark, Jr., No.14–986 (Nueces Cty., 105th Dist. Tex. Aug. 30, 1974) (confessing to the April 3, 1972, crimes).

170.

Admission Summary, Tex. Dep’t of Corrections (Nov. 6, 1972) at 2–3.

171.

Judgment of Conviction, Texas v. Hernandez, No. 14–986 (Nueces Cty., 105th Dist. Tex. Sept. 28, 1972) (sentencing Hernandez to 20 years in prison for robbery by firearms and stipulating that the sentences are to run concurrently).

172.

Certificate of Parole for Carlos Hernandez, Tex. Bd. of Pardons and Parole (Dec. 17, 1977) (releasing Carlos Hernandez on parole effective January 4, 1978).

173.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:43:42:

I know that when he was arrested, he was arrested for some armed robberies, Circle K’s, convenience stores. . . . They caught up with him and he got locked up. Being locked up here at the county jail, I know that he was sexually abused, that they raped him. And my understanding is that throughout his duration in the prison, [he was] what they call a punk. . . . I don’t know how true it is, or what, but this is just what I heard.

174.

Admission Summary, Tex. Dep’t of Corrections (Nov. 6, 1972) at 2.

175.

Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 931–32.

176.

Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 931–32.

177.

Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 1048.

178.

See, e.g., Arrest Sheet No. 10920 for Carlos Hernandez, Corpus Christi Police Dep’t (July 29, 1978) at 1 (arresting Carlos Hernandez for public intoxication and for violating a weapons ordinance by having a fixed blade knife on him);

Arrest Sheet No. 11515 for Carlos Hernandez, Corpus Christi Police Dep’t (Aug. 19, 1978) (arresting Carlos Hernandez for assault);

Arrest Sheet No. 30803 for Carlos Hernandez, Corpus Christi Police Dep’t (Jan. 10, 1980) at 1 (arresting Carlos Hernandez for outstanding warrants);

Arrest Sheet No. 59662 for Carlos Hernandez, Corpus Christi Police Dep’t (Oct. 26, 1981) at 1 (arresting Carlos Hernandez for threatening his girlfriend with a knife);

Arrest Sheet No. 83758 for Carlos Hernandez, Corpus Christi Police Dep’t (April 3, 1983) at 1, (arresting Hernandez, who was carrying a knife, for an active warrant);

Arrest Sheet No. 12834 for Carlos Hernandez, Corpus Christi Police Dep’t (April 17, 1985) at 1–2 (arresting Hernandez for public intoxication on a bicycle and indicating he carried a knife);

Arrest Sheet No. 13747 for Carlos Hernandez, Corpus Christi Police Dep’t (May 9, 1985) at 1–2 (arresting Hernandez for an active warrant and indicating he had a knife);

Arrest Sheet No. 26265 for Carlos Hernandez, Corpus Christi Police Dep’t (March 27, 1986) at 1–2 (arresting Hernandez with two knives);

Arrest Sheet No. 31365 for Carlos Hernandez, Corpus Christi Police Dep’t (July 24, 1986) at 1–2 (arresting Hernandez with two knives);

Arrest Sheet No. 38884 for Carlos Hernandez, Corpus Christi Police Dep’t (Jan. 21, 1987) at 1–2 (arresting Hernandez with two knives);

Arrest Sheet No. 43426 for Carlos Hernandez, Corpus Christi Police Dep’t (May 5, 1987) at 1–2 (arresting Hernandez for an outstanding warrant);

Arrest Sheet No. 46352 for Carlos Hernandez, Corpus Christi Police Dep’t (July 16, 1987) at 1–2 (arresting Hernandez with two knives);

Arrest Sheet No. 68362 for Carlos Hernandez, Corpus Christi Police Dep’t (April 15, 1989) at 1–2 (arresting Hernandez with two knives);

Arrest Sheet No. 48855 for Carlos Hernandez, Nueces Cty. Sheriff’s Dep’t (Sept. 14, 1994) at 1 (arresting Hernandez for public intoxication).

179.

Arrest Sheet No. 10920 for Carlos Hernandez, Corpus Christi Police Dep’t (July 29, 1978) (stating Hernandez “had a fixed blade knife on him”);

Arrest Sheet No. 11515 for Carlos Hernandez, Corpus Christi Police Dep’t (Aug. 19, 1978).

180.

Carlos Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 943–45:

Q. What is a locked blade knife?

A. I believe it’s a buck knife, sir. . . . .

Q. Well, what do you mean by a locked blade; does the blade, once you open it, that’s not a locked blade, is that right?

A. No, sir, it’s not.

Q. Does it have just one blade?

A. Yes, sir.

Q. So this knife here, if it were a locked blade, it wouldn’t close up, right?

A. It wouldn’t close up.

Q. You would just lock the blade.

A. It would lock by itself. . . . It won’t bend. . . . .

Q. That is not the knife you had?

A. No, sir, it’s not.

Q. Yours was a locked blade; that’s why you remember it so well?

A. Yes, sir.

181.

Board of Pardons and Paroles Minutes, Tex. Dep’t of Corrections (Aug. 28, 1978) at 6 (“Continue on parole with a letter and Reprimand . . . for violation of parole rules #4(a), 5 and 7 [which, respectively, forbid parolees to possess alcohol, carry a weapon, and violate the criminal law].”);

see also Arrest Sheet No. 10920 for Carlos Hernandez, Corpus Christi Police Dep’t (July 29, 1978) at 1 (stating Hernandez “had a fixed blade knife on him”);

Arrest Sheet No. 11515 for Carlos Hernandez, Corpus Christi Police Dep’t (Aug. 19, 1978) at 1.

182.

Board of Pardons and Paroles Minutes, Tex. Dep’t of Corrections (Sept. 20, 1978) at 6 (stating Hernandez remains on parole “pending adjudication of charges”);

see also Arrest No. 09459, Nueces Cty. Sherrif’s Dep’t (Oct. 19, 1978) at 1 (arresting Hernandez for evading arrest).

183.

Corpus Christi Criminal History for Carlos Gonzalez Hernandez, born July 1954, Nueces Cty. Dist. Attorney’s Office (May 5, 1983) at 1 (documenting Hernandez’s Feb. 12, 1979 arrest for “disorderly conduct,” “Offense No. 90212121. Fined.”).

184.

Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 19:03:09–19:11:29:

Carlos always had guys there, so he’s kind of a leader type person. Soft spoken. . . . And Carlos was always looked up to by the other individuals. . . . Yeah, I think that Carlos Hernandez was the top individual. He wasn’t a short guy. He was a good-looking guy of average height. Yeah, I think that if Carlos Hernandez were to ask one of the guys—‘go get this guy, he’s a colero’ or whatever, or he’s putting the make on somebody, one of the girls there that visit with them at night—I think that the other guys would go out and [do it].

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, inCorpus Christi, Texas (Dec. 6, 2004) at 00:31:10 (stating that Carlos Hernandez’s “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.”);

Transcribed Videotape Interview with Jon Kelly, Attorney for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 07:26:39–07:29:33 (“At one point [during a controversial investigation of a city councilman that Kelly conducted] my son was at home after school, and someone broke into our house. . . . And Carlos found out about it and asked it [sic] he, if I wanted him to look into it. . . . I imagine he would have beaten [the intruder] within an inch of his life. But that didn’t need to be done. . .”);

Transcribed Videotape Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez, in Corpus Christi (Feb. 23, 2005) at 11:11:26–11:13:10 (describing her suspicion that Carlos Hernandez arranged for several men to assault and stab her ex-husband);

Bruce Whitman & James S. Liebman’s Notes on Interview with Eddie Garza, Corpus Christi Police Detective (Aug. 25, 2004) at 2 (describing Carlos Hernandez as a “bad ass,” the “terror of [the] neighborhood,” and noting that he would “have people beat the crap out of people. . . . They [the kids who would do his bidding] looked to him as a leader.”);

Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 6 (“A couple of times when I was involved in politics—I was a troublemaker, and there was a threat against me. [Carlos Hernandez] volunteered to go after the guy. I said no, but he volunteered.”);

Bruce Whitman’s Notes on Interview with Pedro Olivarez, Jr., Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda (Aug. 20, 2004, and Mar. 1, 2005) at 2 (“Within a couple weeks of Dahlia’s death [a crime Hernandez had told Olivarez he was going to commit], Pedro was confronted by three Hispanic males outside the Casino Club. The men started beating Pedro and told him the beating was from Carlos [Hernandez] and if he (Pedro) said anything about the murder [of Dahlia Sauceda] he and his family would be killed.”).

185.

Bruce Whitman’s Notes on Interview with Lina Zapata, Friend of Carlos Hernandez (Nov. 20, 2004) at 2;

see also Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 19:11:29–19:11:54:

Carlos Hernandez was the top individual. He wasn’t a short guy. He was a good-looking guy of average height. Yeah, I think that if Carlos Hernandez were to ask one of the guys—‘go get this guy, he’s a colero’ or whatever, or he’s putting the make on somebody, one of the girls there that visit with them at night—I think that the other guys would go out and—I’d see them at the store, and he’d tell them to go do this. Then I’d go inside and put the newspapers on the newspaper rack. And when I’d come back, those guys would be gone.

Peso Chavez’s Notes on Interview with Johnny Ybañez, Neighbor of Carlos Hernandez (Aug. 4, 2004) at 2 (reporting that Hernandez always carried a folding type knife and would show him [Johnny Ybañez] how to sharpen it: “In fact the knife he stabbed my mother with I had sharpened it for him.”).

186.

Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:43:37 (noting that “[t]he attorney, Albert Peña” instructed Cruz “to go penetrate this little gang” that hung out around Carlos Hernandez, who Cruz knew because he had a newspaper delivery company that delivered papers to a market where Hernandez sometime worked the night shift and Hernandez would “have a bunch of guys there, hanging around, smoking cigarettes and what not out in front of the store”);

Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:43:37:

I was able to go over there [to Hernandez’s apartment] at night, around two in the morning. I’d make a point to be there. They have beer, and they’d pull out a joint or two. They had all kinds of things. And they also had women, girlfriends. Hernandez had girlfriends that would go visit with him. So then I got to be one of the guys in their group. Not a member, but one of the guys that was accepted into being there. And they would introduce me as the newspaper guy. So I report to Peña the next day and tell him what was going on. He said to try to find out specifics.”

Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 19:42:19 (“Carlos Hernandez had the apartment there, and that place always had seven, eight, nine people at 1:30, 2:30, 3:30 in the morning. And this is the time with Mr. Peña, I would tell him I was going to be going there at night, because guys would come over to drink and have beer. I’d hear about it through my connection with Carlos Hernandez at the store.”).

187.

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 (“Carlos always had guys there, so he’s kind of a leader type person. Soft spoken. He was always smoking. He loved to smoke. He wouldn’t—the guy’s not a short guy, he’s average height. He wasn’t an ugly individual. The guy wasn’t an ugly person. Girls liked him, and I understand he had quite a few girlfriends.”).

188.

Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 19:22:16 (“[Carlos Hernandez] knew he was good. And Carlos liked the spotlight, so to speak. Just like my nephew. Those guys were good-looking guys, and Jesse liked the spotlight and Carlos liked the spotlight. And they knew they could go into the Casino Club and score any time they wanted to. They both frequented the club.”);

Transcribed Videotaped Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:49:04–03:50:30 (“Q. Do you know if Carlos Hernandez would patronize any establishments, bar establishments? A. No, just El Casino. That was the only place that Carlos used to go. Q. Carlos Hernandez was what? A. He used to go to El Casino. El Casino Club. They don’t have it open no more. . . .”);

other sources cited supra note 26.

189.

Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 19:08:07:

[Hernandez] was never scared in that store. I think two or three years before that they had killed a young lady at a Maverick Market at the Six Points area . . . . A young lady had been killed at a Maverick Market. She’s working late hours, and stuff like this had happened. [P]eople would have trouble finding employees to work at night, but here, Carlos was never frightened. So Carlos had the huevos so to speak, the balls, to have a job like that.

190.

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]. . . was always smoking. He loved to smoke”);

James S. Liebman’s Notes of Interview with Cruz Perez & Lisa Garza, Friends of Carlos Hernandez (Nov. 3, 2005) at 2 (recalling Carlos Hernandez smoking “Winstons in the red pack” in the mid–1980s);

Bruce Whitman’s Notes on Interview with Eddie Schilling, Nephew of Carlos Hernandez (Aug. 8–9, 2004) at 1 (recalling Hernandez smoking Marlboro cigarettes in the late 1980s);

James S. Liebman’s Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 2 (recalling that Carlos Hernandez smoked Marlboros in the late 1980s).

191.

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 always had guys there, so he’s kind of a leader type person. Soft spoken. He was always smoking. He loved to smoke. He wouldn’t—the guy’s not a short guy, he’s average height. He wasn’t an ugly individual. The guy wasn’t an ugly person. Girls liked him, and I understand he had quite a few girlfriends.”; “He would always . . . snap one of those knives . . . [H]e would always, constantly (mimes flipping open a knife). And he would always have a chain, a chicano-type chain, a pachuco-type thing. And he always talked with his hands, make all kinds of demanding gestures. The guys, a lot of times, I’d be there, we’d go to talking until four, five in the morning. Then for some reason, he’d give some kind of a signal, and they’d just take off, just go.

192.

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;

Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 19:07:12 (“[T]here was always beer and music and a little weed and whatever else.”).

193.

Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 19:27:10 (“But later on we were able to get information on Carlos Hernandez. We found that he was really a mean guy. He was not a guy that you’d want to cross in any way. The guy was—we call them [cojones.] These guys are violent. The guy can just blow up and he’ll come at you. Maybe not himself, but he’ll put someone after you.”).

194.

Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 19:11:29–19:11:54:

Carlos Hernandez was the top individual. He wasn’t a short guy. He was a good-looking guy of average height. Yeah, I think that if Carlos Hernandez were to ask one of the guys—‘go get this guy, he’s a colero’ or whatever, or he’s putting the make on somebody, one of the girls there that visit with them at night—I think that the other guys would go out and—I’d see them at the store, and he’d tell them to go do this. Then I’d go inside and put the newspapers on the newspaper rack. And when I’d come back, those guys would be gone.

195.

Carlos Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 946 (testifying that Gloria Licea used to be his girlfriend);

Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:45:20–18:45:41, 18:48:15–18:49:20 (“Carlos Hernandez had a girlfriend. I think they were boyfriend and girlfriend. Name . . . Gloria Licea. And Gloria Licea was very close with Carlos. I knew that they were more than friends, so to speak.”; “I remember one time that [Carlos Hernandez] kind of let me know, ‘Hey man, this is my lady, stay away.’”);

Transcribed Videotape Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez, in Corpus Christi (Feb. 23, 2005) at 10:41:39, 11:13:10 (“[Carlos Hernandez] was nice to me. It didn’t last long, because when I tried to get out of the relationship, he started coming around to the house and stalking me and bugging me and stuff like that, when I tried to cut it off.”; “Q. Did you have any suspicions about who might have been behind [the stabbing of your ex-husband]? A. I thought off and on that it might have been Carlos Hernandez.”);

Peso Chavez’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (July 21 and 23, 2004) at 1 (“Ms. Sanchez dated Carlos Hernandez in the late 70’s for approximately 6 to 8 months—he was dating other women as well. Ms. Sanchez’[s] brother, Johnny Longoria (deceased) was very upset with her because she was dating Carlos. He would tell her, ‘Nobody likes the guy—he is a crazy lunatic with a bad temper.’”);

Peso Chavez & James S. Liebman’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004) at 1, 3:

Recently, GS [Gloria Sanchez] was talking to her older sister, Pat Salazar, in Corpus Christ re: having dated CH [Carlos Hernandez]. Sister said, “You’re lucky it wasn’t you [who he killed].” Sister said [Hernandez] would sneak around their house trying to get into the house. Stalking Gloria. Sister would see him hiding in the backyard in the grass. This was after Gloria had broken up, and he wouldn’t accept it. . . . After I was divorced, my ex-husband was stabbed; he said he didn’t know who did it; someone said he was stabbed to punish him for how bad he had treated/beaten Gloria. . . . She wouldn’t let husband in at home; but he came to her house stabbed; [“]I’m bleeding[“]; he was stabbed near South Bluff Park near her house [and adjacent to Carlos Hernandez’s Carrizo Street house]. . . . He said 2 guys came up and stabbed him, with an ice pick. She called [an] ambulance.

Gloria Sanchez wasn’t the only woman Carlos stalked after she left him. See James S. Liebman’s Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Dec. 4, 2004) at 3 (noting that, after Janie Adrian’s daughter Margie Tapia was freed from Carlos Hernandez by the police, he stalked her).

196.

Transcribed Videotape Interview with Jon Kelly, Attorney for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 07:26:39–07:29:33 (“At one point [during a controversial investigation of a city councilman that Kelly conducted,] my son was at home after school, and someone broke into our house. . . . And Carlos found out about it and asked it he [sic], if I wanted him to look into it. . . . I imagine he would have beaten [the intruder] within an inch of his life. But that didn’t need to be done. . . . “);

Peso Chavez & James S. Liebman’s Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 10 (“A couple of times when I was involved in politics—I was a troublemaker, and there was a threat against me. CH [Carlos Hernandez] volunteered to go after the guy. I said no, but he volunteered.”).

197.

Eddie Bruce Whitman & James S. Liebman’s Notes on Interview with Eddie Garza, Corpus Christi Police Detective (Aug. 25, 2004) at 2;

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, inCorpus Christi, Texas (Dec. 6, 2004) at 00:23:49–00:24:04 (“The patrol division knew who [Carlos Hernandez] was, knew his hangouts, and the people that he hung out with”);

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, inCorpus Christi, Texas (Dec. 6, 2004) at 00:26:48–00:27:32:

Well, to me, they were always hanging around South Bluff Park, which—There was a, kind of like a play room, a pool hall, and a place where a lot of people that obtained drugs and dealed [sic] in drugs hung out most of the time, and that was in the South Bluff area along Staple Street. There’s a little road that runs out towards the back, and most of these people that are looking for some type of dope or something like that hang around that particular area. And this is where I confronted these people [including Hernandez] two or three times in that general area.

198.

Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:41:15–18:43:37:

It’s a Maverick Market store . . . The store manager, or store clerk, or whatever they called them, happened to be Carlos Hernandez . . . . [E]very time we’d go there to deliver papers at three or four in the morning, he’d have a bunch of guys there, hanging around, smoking cigarettes and what not out in front of the store . . . I got into this group to where they knew me a little bit better. And eventually I was able to go to Carlos Hernandez’s apartment on Louisiana and one of those streets off Louisiana towards Six Points area. . . .

Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 19:22:16 (noting that Carlos Hernandez frequently patronized the Casino Club);

Bruce Whitman & James S. Liebman’s Notes on Interview with Eddie Garza, Corpus Christi Police Detective (Aug. 25, 2004) at 2 (recalling that Carlos Hernandez frequented the Casino Club and a bar near South Bluff Park).

Many people remembered Carlos Hernandez at the Casino Club. See, e.g., Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 13:54:03–13:55:06 (“Q. And who else went to the Casino club that you know? A. A bunch of people that I knew, Carlos Hernandez, Joe Oevo [?], I had friends.”);

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:46:10–04:46:30 (“Q. I’m asking if you saw [Carlos Hernandez] at the club? A. Saw him at the club, never spoke to him, but saw him.”);

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:49:04–03:50:30 (“Q. Do you know if Carlos Hernandez would patronize any establishments, bar establishments? A. No, just El Casino. That was the only place that Carlos used to go. Q. Carlos Hernandez was what? A. He used to go to El Casino. El Casino Club. They don’t have it open no more. Oh no, there was another bar, El Santa Fe. It was by Carlos’s house.”);

Bruce Whitman’s Notes on Interview with Jesse Garza, Defendant in Dahlia Saucedo Trial (Aug. 12, 2004) at 2 (“[Jesse] hung out at the Casino Club most nights it was opened. [Jesse] liked the ladies, he liked to dance and hang out with his friends including Pedro Olivarez. On this particular night … [a]s they walked away from the club a van pulled up. Dahlia was driving [and] asked [Jesse] and Pedro if they wanted to drive around with her? There was a man sitting in the front passenger seat when Dahlia drove up (later to be identified as Carlos Hernandez).”);

Bruce Whitman’s Notes on Interview with Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda (Aug. 20, 2004; Mar. 1, 2005) at 1 (“Pedro Olivarez was a regular patron at the Casino Club in 1989. Pedro hung out there with his friends including Jessie Garza. The usual activity at the Club was to drink, dance and visit with friends. One particular evening . . . [a]fter the Casino Club closed for the night Pedro and Jessie stepped outside the club. A brown van pulled up driven by Dahlia with a Hispanic male sitting in the front passenger seat [later to be identified as Carlos Hernandez].”);

other sources cited supra note 26 and accompanying text.

199.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, inCorpus Christi, Texas (Dec. 6, 2004) at 00:26:26 (“During the late 70’s and 80’s I saw Carlos DeLuna and Carlos Hernandez together around Leopard and Staples Street area.”);

Bruce Whitman & James S. Liebman’s Notes on Interview with Eddie Garza, Corpus Christi Police Detective (Aug. 25, 2004) at 2 (describing seeing DeLuna and Hernandez together at a bar by South Bluff Park).

200.

Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 19:40:01–end:

Carlos DeLuna was one of the young men that would frequent Carlos Hernandez’s apartment on Louisiana. I think I also recall that my nephew told me that he knew Carlos DeLuna also, my nephew did. So Carlos Hernandez knew [Cruz’s nephew] Jesse Garza and also knew Carlos [DeLuna]. I don’t know the extent of their friendship, but they did know each other. I know for a fact that Carlos Hernandez knew Carlos DeLuna because I saw him at Carlos Hernandez’s house, I saw Carlos DeLuna at his house, at least once or twice. . . . During that time, Carlos DeLuna would come by to visit . . . .

Bruce Whitman’s Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Sept. 23–24 and 27, 2004) at 2 (listing Carlos DeLuna as one of the young men who hung around with Carlos Hernandez in the neighborhood near Fidela’s house on Carrizo Street, including in the “park” (an open grassy area) behind Janie Adrian’s house);

James S. Liebman’s Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Dec. 4, 2004) at 1 (“CDL [Carlos DeLuna] was there with CH [Carlos Hernandez]; they do look the same. CDL hung out with CH on Carrizo St. where Fidela lived.”).

201.

Transcribed Videotape Interview with Beatrice Tapia, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 08:43:58 (“I remember seeing Carlos DeLuna. I’d heard about him, about Carlos DeLuna. And I’d seen him a couple of times, Carlos DeLuna. And I’d seen him talking to Carlos Hernandez, a couple of times.”);

Transcribed Videotaped Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez, in San Antonio, Texas (Dec. 4, 2004) at 04:48:08, 04:50:26–04:51:42 (“Carlos Hernandez, Carlos DeLuna, I didn’t know them personally but I knew they were hanging around [the Casino Club].”; “White Rabbit, it was a club. Um, Carlos DeLuna went there sometimes, not all [the time]. Same with Carlos Hernandez. They were. I think they knew each other . . . . I encountered Carlos Hernandez and Carlos DeLuna, they used to go to Robbie Zamora’s and Richie Zamora’s house in the [Carrizo Street] neighborhood.”).

202.

Bruce Whitman & James S. Liebman’s Notes on Interview with Eddie Garza, Corpus Christi Police Detective (Aug. 25, 2004) at 2 (stating that Carlos DeLuna was a “[f]ollower, not leader. I never knew him to be violent. If Carlos H[ernandez] said take [the] rap for me, CDL [Carlos DeLuna] would”).

203.

Bruce Whitman & James S. Liebman’s Notes on Interview with Eddie Garza, Corpus Christi Police Detective (Aug. 25, 2004);

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, inCorpus Christi, Texas (Dec. 6, 2004) at 00:31:10, 01:43:20 (“Carlos Hernandez was almost always assaulting women and assaulting guys. . . . And most of the time it was cutting up people or hitting them with a beer bottle or something. But he was always involved in mostly violent crimes.”; “Carlos Hernandez, you would look at the guy, and you look straight in his eyes and you could see that cold, cold person, like he could stare straight through you. And it was a sort of a [sic] frightening, mean look that Carlos Hernandez had.”).

204.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, inCorpus Christi, Texas (Dec. 5, 2004) at 00:37:43 (“Carlos DeLuna was sort of a slow thinker. I wouldn’t say he . . . was a complete retarded person. He was just slow in thinking.”).

205.

Bruce Whitman & James S. Liebman’s Notes on Interview with Eddie Garza, Corpus Christi Police Detective (Aug. 25, 2004) at 2;

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, inCorpus Christi, Texas (Dec. 5, 2004) at 00:37:43 (“And [Carlos DeLuna] wasn’t a violent person that I can remember. . . . Most of his habits was really intoxication and petty theft, but nothing in the violent part of—that you would say Carlos DeLuna is a very violent person. Never, never did I have anything dealing with any violence.”).

206.

Bruce Whitman & James S. Liebman’s Notes on Interview with Eddie Garza, Corpus Christi Police Detective (Aug. 25, 2004);

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, inCorpus Christi, Texas (Dec. 5, 2004) at 01:43:20 (“You could talk to [Carlos DeLuna] and he would look you straight in the eye. You wouldn’t feel threatened.”).

207.

Bruce Whitman & James S. Liebman’s Notes on Interview with Eddie Garza, Corpus Christi Police Detective (Aug. 25, 2004) at 2;

see Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, inCorpus Christi, Texas (Dec. 5, 2004) at 00:37:43 (“[Carlos DeLuna] was just a slow person, a follower, someone that, they would tell him ‘Go do this’ or ‘Go do that’ and the guy would follow what someone else told him. He wasn’t a person that would stand up and think on his own what he was going to do.”).

208.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 13:55:06–13:55:33:

Yeah, [Dahlia] went to the Casino Club. She used to go to the Carousel. In fact, that’s how I met her, at the very beginning. She was coming out of the Carousel, walking down the street, crying. I pulled over, tried to be nice and offered her a ride. That’s how things got started between me and Dahlia Sauceda. . . . Well, it kind of got out of hand. Because at first, when I first met Dahlia, she played this little innocent role. She was having troubles with her husband and had a boyfriend. So, just one thing led to another, and before you know it me and her started doing things.

209.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 13:55:33 (“So we did that for about a month or two, and I finally knew that I wasn’t spending enough time with my family, and I told her, ‘Hey, Dahlia, this has to end, because my wife’s taking notice, and I’m spending more time over here than I’m spending at the house.’”).

210.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 13:56:40 (“When I got in the van, that’s when [Dahlia] started talking to me about her real life, not the lies she was telling me before. It seemed that something had happened at the house, her house, and one of the kids got killed and she came into a lot of money. She had a lot of money.”).

211.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:19:02:

[Dahlia got her money from] a settlement from the city. Apparently they . . . Really, to be honest with you, I don’t know how much she got. I never questioned her about it. All I knew is I was able to spend it. All I know is that one of the babies was playing out in the street. Where she lived was on a dead-end street. So when the trash was coming by to pick up trash, for some reason, the trash truck backed up into her driveway. And the baby happened to be playing in the driveway and they ran over her.

212.

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

213.

Crime Scene Photo P1010007, Corpus Christi Police Dep’t (presenting three images of Dahlia Sauceda’s van from different angles in a parking lot);

Crime Scene Photo P1010008, Corpus Christi Police Dep’t (presenting four images of Dahlia Sauceda’s van from different angles in a parking lot);

Crime Scene Photo P1010011, Corpus Christi Police Dep’t (presenting four images of the interior of Dahlia Sauceda’s van, revealing plush brown carpeting and lounge chairs);

Officer R.M. Boos, Corpus Christi Police Officer, Crime Against Person Report (Nov. 20, 1979) (“[The van] is registered to Apolinan Dalia Saucedo of 1806 Cliff Maus. It is a brown and silver 1979 Dodge van, it is called a House van.”);

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report in Homicide of Dahlia Sauceda (Nov. 20, 1979) at 1 (describing the crime scene, noting a “rear seat and bar,” a “bar sink” and a “captain’s chair”);

Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi (Feb. 25, 2005) at 17:40:18:

There was a young woman by the name of Dahlia Sauceda, who was the victim of the murder. And Dahlia had received money from a civil lawsuit. Her son was unfortunately killed on the front yard by an automobile that had lost control, a drunk driver. So she had come into money, and she bought a very fancy vehicle that was called a ‘Happy Time’ van. So she used to almost daily go around driving with a lot of her friends. And she would take her infant. I don’t remember how old her infant was, less than one year as I recall.

214.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 13:59:07:

[Dahlia and I were] going down the road. In fact, we’re right here on Staples. I see this little ’72 Mustang Mark One. At that age I was fascinated by fast cars and good-looking cars and stuff like that. I saw this Mustang, I really fell in love with it. She said, “You like that.” I said, “Yeah.” She said, “Well, pull over, let’s look at it.” . . . She says, “Do you like it?” and I say, “Yeah.” She says, “Do you want it?” and I say, “Who wouldn’t? It’s a nice car.” . . . The following day she came in with a cashier’s check, bought the car for me. So that really stunned me, you know what I’m saying. She kind of really bought my love. That’s what she did. It wasn’t that I fell in love with her or loved her or anything like that, because I had my wife and kids. At that time I was, wow, crazy. One thing led to another and me and Dahlia ran off together. I shouldn’t have done that, but I did.

215.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 13:59:07.

216.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 13:59:07.

217.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:00:52:

So [Dahlia and I] ended up in Houston. I took my kids for a little while, back and forth. I stayed gone for a while, from my wife, but I supported my wife while I was on the lam. My kids were well taken-care-of. She was taken-care-of. Dahlia was sending money every week through the Western Union. . . . Anyhow, I just kept living that life, that life of spending and having and enjoying it. I guess it comes once in a lifetime, that’s the way I looked at it at the time. And I thought I would enjoy it as best I could. But then, when the time came that my mind was really saying “Hey, this ain’t right. Go home.” I met this other girl up in Houston, and she’s actually the one who convinced me to come home to my family. But that’s what I needed. And that’s what I did. So when I came home, my wife accepted me, and we tried to get everything back together the way it was.

See also Peso Chavez & James S. Liebman’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004) at 3 (“Dahlia was giving Paula [Hernandez] money to be with Paula’s man (Freddy Schilling).”);

Bruce Whitman’s Notes on Interview with Eddie Schilling, Nephew of Carlos Hernandez (Aug. 8–9, 2004) at 2 (“Eddie remembers visiting “a lady who had a van” with his father and his father asking Eddie, “who do you want to live with[, your] mother or me?” Eddie chose to live with his mother Paula.”).

218.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:00:52:

[Dahlia and I were] going down the road. In fact, we’re right here on Staples. I see this little ’72 Mustang Mark One. At that age I was fascinated by fast cars and good-looking cars and stuff like that. I saw this Mustang, I really fell in love with it. She said, “You like that.” I said, “Yeah.” She said, “Well, pull over, let’s look at it.” . . . She says, “Do you like it?” and I say, “Yeah.” She says, “Do you want it?” and I say, “Who wouldn’t? It’s a nice car.” . . . The following day she came in with a cashier’s check, bought the car for me. So that really stunned me, you know what I’m saying. She kind of really bought my love. That’s what she did. It wasn’t that I fell in love with her or loved her or anything like that, because I had my wife and kids. At that time I was, wow, crazy. One thing led to another and me and Dahlia ran off together. I shouldn’t have done that, but I did.

219.

Freddy Schilling, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 864–65 (“My wife, she was upset, worried crying. She said she needed me [so I came back to Corpus Christi]. Yes, my little kids were crying, too, and everything.”);

see Peso Chavez & James S. Liebman’s Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004) at 2 (“Paula and Freddy split up [over Dahlia Sauceda]; G’s [Gloria Sanchez’s] sister had moved out, so Paula moved in. Freddy came back. He always cam[e] back to Paula; to see the kids; the[re] were always other women, but he always came back to Paula; she always let him come back. During this period, she was back and forth, sometimes living at home, sometimes with Gloria.”).

220.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:56:40 (“So while I was in the chair like this, I was nodding out, all I remember was Carlos came in and just went straight at me, boom, hit me, flipped me over off the chair.”);

see Freddy Schilling, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 870, 871, 875–76 (“When [Carlos Hernandez is] drinking, he talks a lot, [and is] just kind of violent”; describing incident when he [Freddy] was asleep and woke up to find Carlos Hernandez beating him).

221.

Transcribed Videotape Interview with Freddy Schilling, in Corpus Christi, Texas (Feb. 24, 2005) at 14:56:40–15:00:00:

So I got up and I started defending myself. We took it from one end of the house all the way down to the kitchen, just fighting . . . . Somehow we ended up in the kitchen. I’m taking him out the back door. I’m beating on him, I’m trying to get him off me. Somehow I slipped on some linoleum floor, like this. I slipped on the floor in the kitchen, my legs kind of split and I went down. I was trying to get back up. He got a frying pan that was on the stove and just started beating me with it on the head. Hit me four or five times. Actually, I started to kind of black out. I started to, I could still see what was going on and I could feel the pounding on my head from the frying pan. And my little brother-in-law, Frank, just happened to come in at that time, through the back door . . . . That’s when he grabbed Carlos and pulled him out, got him off of me . . . . I think I had just gotten back from Houston . . . . And I just felt like that angle was taken out on me because of what I had done. That he came at me in the way he did because of me coming back.

222.

Freddy Schilling, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 873–74:

Q. The weekend of November 20, the weekend prior to November 20, the date that Dahlia was found [dead] . . . . did you have occasion to talk to Dahlia.

A. No, sir.

Q. All right, did you see Dahlia anywhere?

A. No, sir.

Q. You no longer were seeing Dahlia?

A. No, sir, I had told her to stop coming around my house because before that, you know, it was a couple of days before that my wife and her had an argument and Dahlia called her and called her a bitch . . . . I told her I didn’t want her coming around here because I was going to knock the hell out of her [Dahlia] if she came around.

223.

Officer R.M. Boos, Corpus Christi Police Officer, Crime Against Person Report (Nov. 20, 1979)(“On 11–20–79 at approximately [sic] I received a call to go to the 1500 block of Caldwell in reference a D.O.A. Upon arrival I was directed to a vacant lot at Mexico and Mussett. Officer Garcia had arrived at the scene before I did. He showed me a van that was parked in some high weeds in the southeast section of the lot. There was a dead nude female laying on her side in the back of the van.”).

224.

Joe Louis Duran, Witness Who Discovered Dahlia Sauceda’s Body, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 38–41:

I was walking really to work. I was minding my own business. I wouldn’t have gone to, you know, other places where I don’t have no business, but I go ahead and did because when I was in the Wreckers, we use to pick up stolen cars and everything hidden and, you know, stolen and everything, so I’m going ahead and took a risk and a chance going over there. And so when I got there, I ran into Emilio Parker, my next door neighbor. Both of us live in apartments. We both went there to the van. We both looked in there at the same time and we saw her laying down there. So then he said: “Maybe, you know, she’s dead or something.” I said: “No, she couldn’t be.” So then I looked around. I looked the other way. I saw that she had blood and everything, so then I said that she was dead. I looked over on my left and there was a little girl there. So then, I just said to go ahead and call the police real fast because it was hidden behind the grass and the policemen wouldn’t have noticed it . . . . I covered [the dead woman] with a yellow light blanket.

225.

Sarah Cooks, Corpus Christi Police Dep’t Identification Technician, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 568, 571 (“I found papers, one sandal and several [Schlitz] beer cans . . . . I did find a knife, a kitchen knife.”).

226.

Joseph C. Rupp, Nueces County Medical Examiner, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 691–92 (“Well, in any case where you find a dead, murdered female, you always to check to see if there’s been any sexual activity, and we took swabs which were . . . positive for prosthetic acid phosphatase which means there had been sexual intercourse in the recent past.”).

227.

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report in Homicide of Dahlia Sauceda (Nov. 20, 1979) (“There is a woman’s beige bra, strapless laying on the floor near the bar . . . . Directly in front of the bar is a pair of women’s high-heel sandals, black in color. On the right of the bar of the floor, laying between the bar and a captain’s chair is a pair of men’s cotten [sic] underwear, with a red, white, and blue design on the [sic]. On the Captain’s chair, located behind the driver’s seat is a pair of women’s panties, white in color with a multi-colored print on them . . . . A pair of blue jeans also rested crumpled on the chair.”).

228.

Sarah Cooks, Corpus Christi Police Department Identification Technician, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 571 (“Q. When you got in the van, what did you find in the van that you took into your possession? A. I found more papers, a check stub. I processed men’s underwear. . .”);

see infra Chapter 7, notes 13–14, 25, 30, 96, 163, 175 (sources describing the plaid undershorts found in the van).

229.

Dr. Joseph C. Rupp, Postmortem Examination Upon the Body of Dahlia Sauceda (Nov. 20, 1979) at 2, 3 (noting “adhesions of the right lung,” four round bruises in the left clavicular area and “a fracture of ribs 2, 3, and 4 on the left in the mid clavicular line”);

Joseph C. Rupp, Nueces County Medical Examiner, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 685 (“Well, [Sauceda] had sustained a laceration of the liver which resulted in bleeding into the abdominal cavity. There was also some tearing of the tissues around the intestine which resulted in bleeding into the abdominal cavity. There were fractures of some ribs on the left side which caused the left lung to collapse and there was hemmorhage [sic] and injury to the neck which indicated the subject had been strangled, and these were the major injuries on the body.”).

230.

Joseph C. Rupp, Nueces County Medical Examiner, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 689:

[Sauceda] had some bruising over—she had a small ecchymosis of the lateral aspect of the left upper eyelid which is—an ecchymosis is a bruise. There was contusions and swelling over the right malor eminence, over this area. (Indicating). There were a few superficial abrasions to the right of the midline of the neck and then she had—in the mouth she had a small laceration of the soft tissues of the mouth on the right side of the upper lip which is about a little bigger than a quarter of an inch, and there were some contusions of the soft tissues as though she had been hit in the mouth, but only one laceration. She had that and in addition on the X on her back she had a bite mark on her left hip area. There was a bite mark visible.

231.

Dr. Joseph C. Rupp, Postmortem Examination Upon the Body of Dahlia Sauceda (Nov. 20, 1979) at 2 (“There is a deep laceration in the web of the left little toe. This is a deep laceration approximately 1” in length with part of the laceration extending across the ventral surface at the base of the left toe.”);

Joseph C. Rupp, Nueces County Medical Examiner, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 684 (“[Sauceda] had a deep laceration in the web of the left little toe but whether she had tried to kick someone and this was a defense wound or whether she just tried to get away and stubbed her toe on something in the van, you really couldn’t say. . .”).

232.

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 383–384 (“Q. In addition, you took a photograph, State’s Exhibit No. 1, and you learned that she had been carved up or, at least, markings of an X had been placed on her back, and her buttock area were slashed with a knife or some sharp object? A. Yes, sir.”);

Joseph C. Rupp, Nueces County Medical Examiner, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 683 (“The most striking thing when [Sauceda’s] body was viewed initially was that there was an X on her back, a large X extending from the shoulder to the buttocks, not exactly a slash, but a scrape-type cut across her back, and as I said, she was nude.”).