HRLR
Los Tocayos Carlos
Chapter 7
Page: 14 of 18
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All Chapter 7 Footnotes

Carlos was pissed. His fury at Dahlia for messing with his sister hadn't kept him from carrying on a relationship with her for months, and Carlos didn't like it a bit when Dahlia displaced him in favor of the handsome Garza.223

As they all drove around for hours drinking beer and smoking pot, and as Dahlia and Jesse grew more intimate in the front seat, Carlos grew increasingly enraged in the back. Finally, he challenged Jesse to fight.224

Hernandez had a reputation, and Jesse and Pedro decided that they'd better get out of there. They made Dahlia drop them off in downtown Corpus Christi. Before they left the van, however, Carlos told Pedro he was going to hurt Dahlia, and that if Pedro ever said anything to anyone, he would kill him and his family. Until he saw Carlos's death certificate, Pedro never did tell anyone besides his mother and father.225

The next day, Pedro heard that Dahlia had been beaten to death and carved up with a knife. While not the sharpest person around, Pedro knew it was Carlos Hernandez who killed Dahlia.226

A few weeks later, three young men jumped Pedro outside the Casino Club. They told him the beating was from Carlos Hernandez. If Pedro said anything they'd finish him off and go after his family.227

Pedro wouldn't risk it, not coming from Carlos Hernandez. The beating Olivarez suffered wasn't his only exposure to Hernandez's violent side. On another occasion, Carlos had forcibly sodomized Pedro. He had no interest in ending up like Dahlia on the other side of Carlos's knife.228

So, when Sidney "the Reverend" Smith interrogated him and told him they were about to charge Pedro himself, along with Jesse Garza, for murdering Dahlia,229 Pedro pointed the finger at Jesse. He knew Jesse didn't kill Dahlia Sauceda.230 He knew Hernandez had killed her, just as he said he would. But he also knew Hernandez would kill him if he ever talked. For decades—until he knew for sure Hernandez was dead—Olivarez didn't say a word against his brutal tormentor.

Sources

Testimony in Court and Depositions

  1. Kenneth Botary, Prosecutor at Trial of Jesse Garza and Trial of Carlos DeLuna, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);

  2. Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);

  3. Roger Fuentes, Stepbrother of Jesse Garza, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);

  4. Irma Gaytan, Witness at Jesse Garza's Trial for Killing Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);

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

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

  7. Johnny Longoria, Witness at Jesse Garza's Trial for Killing Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);

  8. Margie Naranjo, Witness at Jesse Garza's Trial for Killing Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);

  9. Pedro Olivarez, Witness Against Jesse Garza in Trial for Murdering Dahlia Sauceda, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);

  10. Charles Parker, Corpus Christi Police Fingerprint Analyst, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);

  11. Paul Rivera, Corpus Christi Police Detective, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);

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

  13. Freddy Schilling, Brother-in-Law of Carlos Hernandez, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);

  14. Sidney L. Smith, Corpus Christi Police Detective in Dahlia Sauceda Case, Trial Test., Texas v. Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980);

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 1–2:

One particular evening at the Casino Club in 1989 [sic, 1979] an attractive female (later to be identified as Dahlia Sauceda) began buying Pedro's friend Jesse Garza beers. Dahlia appeared to have lots of money and to be attracted to Jesse. After the Casino Club closed for the night Pedro and Jesse 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). Dahlia asked Jesse and Pedro if they wanted to drive around with her in the van and party? Dahlia asked Carlos to get in the back of the van and Jesse sat next to Dahlia in the front passenger seat. Pedro got in the back of the van with Carlos and another Hispanic male . . . .

On Hernandez's relationship with Sauceda, see supra note 16 and accompanying text.

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 2:

In addition to the men in the back of the van, there were alcohol and drugs. Pedro drank beer, and Carlos and the other man drank, smoked marijuana and snorted what Pedro thought to be cocaine. Dahlia drove for hours and hours. At some point during the drive, they had a flat tire and Dahlia picked her small daughter up from the babysitter. Dahlia's daughter stayed in the front of the van with Jesse and Dahlia. Carlos eventually became high, drunk and mean. Carlos began talking tough to Jesse saying how he would like to fight with him. As Carlos became more and more aggressive towards Jesse, Pedro and Jesse decided it was time to get out of the van and away from Carlos. Dahlia dropped Jesse and Pedro off in the downtown area of Corpus. Carlos was becoming increasingly angrier with Jesse. Jesse got out of the front of the van and, as Pedro was getting out of the van, Carlos was very angry and told Pedro he was going to hurt her (Dahlia) bad and if he (Pedro) said anything to anyone he knew where (Pedro) and his family lived and he would kill them. Pedro was frightened for Dahlia and her daughter as he and Jesse left the van. Either the next day or the day after, Pedro heard that Dahlia had been murdered. Pedro knew from what Carlos had said as he and Jesse left the van that Carlos murdered Dahlia.

See supra note 224.

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 2:

In addition to the men in the back of the van, there were alcohol and drugs. Pedro drank beer, and Carlos and the other man drank, smoked marijuana and snorted what Pedro thought to be cocaine. Dahlia drove for hours and hours. At some point during the drive, they had a flat tire and Dahlia picked her small daughter up from the babysitter. Dahlia's daughter stayed in the front of the van with Jesse and Dahlia. Carlos eventually became high, drunk and mean. Carlos began talking tough to Jesse saying how he would like to fight with him. As Carlos became more and more aggressive towards Jesse, Pedro and Jesse decided it was time to get out of the van and away from Carlos. Dahlia dropped Jesse and Pedro off in the downtown area of Corpus. Carlos was becoming increasingly angrier with Jesse. Jesse got out of the front of the van and, as Pedro was getting out of the van, Carlos was very angry and told Pedro he was going to hurt her (Dahlia) bad and if he (Pedro) said anything to anyone he knew where (Pedro) and his family lived and he would kill them. Pedro was frightened for Dahlia and her daughter as he and Jesse left the van. Either the next day or the day after, Pedro heard that Dahlia had been murdered. Pedro knew from what Carlos had said as he and Jesse left the van that Carlos murdered Dahlia.

See Bruce Whitman's Notes on Interview with Jesse Garza, Initial Defendant in Dahlia Sauceda Killing (Aug. 12, 2004) at 2–3 ("Carlos, who was drinking the whole time eventually, started talking 'shit' to Jesse, making threatening remarks towards him and wanting to fight with Jesse. Jesse and Pedro decide[d] they had enough driving around and asked Dahlia to drop them off near the down town [sic] area of Corpus Christi.").

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 2 ("Within a couple weeks of Dahlia's death, Pedro was confronted by three Hispanic males outside the Casino Club. The men started beating Pedro and told him the beating was from Carlos and if he (Pedro) said anything about the murder he and his family would be killed. A friend of Pedro's walked by, saw the beating, and helped Pedro and the men left the area. Pedro never told anyone except his mother and father about the Dahlia murder because of the threats to him and his family.");

Transcribed Videotape Interview with Eddie Cruz, Private Investigator for Defendant Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 19:17:06 ("And I was told [by a detective] that Pedro had been beaten up. I'm not sure if it was in the Casino Club or that area. . . . [The detective] said, 'Somebody let word out and Pedro got beaten up by Carlos or somebody in the clique, the group.' . . . [I]t did happen. And I remember that.").

See James S. Liebman, DeLuna—New Document Analysis—Players Data Base 6–05, at Rows 239, 240 (entries for Pedro J. Olivarez Jr. and Sr.) (Aug. 9, 2005) (reporting statement by Pedro J. Olivarez, Sr., Pete Olivarez's father, to investigator Bruce Whitman that "CH [Carlos Hernandez] also sodomized Pedro at one point"—that "CH terrorized, and raped, Pedro, Jr., and threatened the family if Pedro, Jr. told the truth about who killed Dahlia Sauceda"); 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 2 ("Pedro never told anyone except his mother and father about the Dahlia murder because of the threats to him and his family. . . It was only with prompting from his mother and looking at certified copy of Carlos Hernandez's Death Certificate that Pedro was willing to talk about what he knew about Dahlia's murder.").

See Paul Rivera, Corpus Christi Police Detective, Supplementary Report (July 16, 1986) at 2 ("Sgt. Paul Rivera and Sgt. Ray De La Garza took Pete Olivares [sic] in an unmarked unit and when asked to take us to the crime scene, he was not able to find the crime scene where Dahlia Saucado's [sic] van was found.");

James S. Liebman's Notes on Interview with Paul Rivera, Corpus Christi Police Sergeant (July 14, 2004) at 1:

Jesse Garza—was innocent. We picked up Garza on Olivarez's statement; he was completely innocent. Pete Olivarez—mental disorder; confessed because of that. Had nothing to do with murder. Not involved in any way. He made up a story. Detective Sidney Smith—Put too much pressure on Olivarez during polygraph. Olivarez then confessed and gave the statement. Detective said what he (cop) knew about it, not Olivarez, and O[livarez] agreed. . . . [Rivera] [p]ut him in police car and told him to take him to where the lady [Sauceda] was killed. [He] didn't know where to go. Rivera asked [him] what the problem was and [he] said he didn't know. Rivera thinks the kid maybe made it up. Rivera asked him if he was making it up and [Olivarez] said yes; that the other detective scared him. Drove rear and still didn't know.

See also Tamara Theiss's Notes of Interview with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases (Feb. 27. 2005) at 2 ("I recall the eyewitness Pete Olivarez, who was also under suspicion for the murder.").

Tamara Theiss's Notes of Interview with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases (Feb. 27. 2005) at 2;

see 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 2 ("Carlos eventually became high, drunk and mean. . . . Carlos was becoming increasingly angrier with [Jesse]. [Jesse] got out of the front of the van and, as Pedro was getting out of the van, Carlos was very angry and told Pedro he was going to hurt her (Dahlia) bad and if he (Pedro) said anything to anyone he knew where (Pedro) and his family lived and he would kill them.").

Chapter 7
Page: 14 of 18