HRLR
Los Tocayos Carlos
Text: A | A | A
« Back to Chapter 8

All Chapter 8 Footnotes

1.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:27:25–07:27:35 ("It's right here, and this is a dead end. Carrizo going into Laredo." (pointing to section of Carrizo Street on which both she and the Hernandez's lived));

see South Carrizo St, Corpus Christi, Tex. 78401 Map, Google Maps, http://goo.gl/JLIvk (last visited May 12, 2012) (showing two-block length of Carrizo St. between Blucher and Laredo).

2.

See South Carrizo St, Corpus Christi, Tex. 78401 Map, Google Maps, http://goo.gl/OB6aI (last visited May 12, 2012) (showing zoom of the portion of Carrizo Street between Kinney and Laredo).

3.

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:13:01–06:14:14 ("Q. And how would you get from the yard to the porch [of Fidela's house] . . .? A. You'd have to go up-stairs. And it's like a hill. The house is already on a hill. Q. You'd walk up a little hill, and then you'd walk up stairs. A. And then there's the house.");

Transcribed Videotape Interview with Beatrice Tapia, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 08:11:04–08:12:42, 08:13:40–08:14:17, 08:20:51–08:23:13:

We lived on Carrizo. . . . We had a Fidela Hernandez who lived right down the street from us, and her sons Carlos Hernandez, Javier Hernandez, and her granddaughter, Pricilla Hernandez. . . . There was a big empty lot [behind our house], it was like a hill going down, there was a big old lot, and there was a drainage tunnel that would go on the other side of Kinney Street. . . . [The Hernandezes'] house was sitting like on top of a hill, and I as I remember there were two concrete slabs, like a wall, and the steps, there were concrete steps going up. And then, at the end of the last step up, there was like a little sidewalk, and then there was steps, wooden steps, on the door, I mean, on the porch, and the porch was there, and there was a door facing the street, of Carrizo, and then there was a door facing the street of Agnes [sic—Laredo].

4.

See South Carrizo St, Corpus Christi, Tex. 78401 Map, Google Maps, http://goo.gl/fzkJf (last visited May 12, 2012) (showing zoom of lot behind houses on Carrizo St.).

5.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:42:27 ("[The park behind my apartment] didn't have no swings or anything, so it was just probably just for people to hang out there, to talk, to drink. A lot of people that was doing drugs would go back there. That's why we didn't let the kids go back there.");

Transcribed Videotape Interview with Beatrice Tapia, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 08:13:40–08:14:17 ("There was a big empty lot, it was like a hill going down, and there was a big old lot, and there was a drainage tunnel that would go on the other side of Kinney Street. And we used to get together and play baseball and kickball. Or we used to go and sit there and throw rocks at the tunnel. And sometimes we would get the habit of going in the tunnel, to play around to see what was on the other side: Kinney Street.").

6.

The car accident occurred on December 30, 1970. See supra Chapter 6, notes 144–147 and accompanying text. Pricilla was born on November 15, 1971. Cf Summary of Pricilla Hernandez Criminal Records, Case 00–1635-C (Jan. 12, 2000) ("DOB: 11/15/1971");

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:06:04–06:06:05 ("33" in response to age, putting her birth year at approximately 1971).

7.

Transcribed Videotape Interview with Yolanda Ortiz, Owner of Casino Club, in Corpus Christi, Texas (Dec. 5, 2004) at 09:22:07–09:25:22:

Beto Vela was a guy who went there [at the Casino Club] every night. And he was the type that didn't drink, would just buy his Cokes and have all these women after him. He would date so many women there, so he would go out with so many. Most of them all had kids from him. . . . [P]eople [who hung] around [Beto Vela] 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 [Perez], and Yolanda Lucio, and Linda Perales. . . . They all knew each other. All that little circle [around Beto Vela] knew everybody. Actually, everybody knew everybody at the club. Most of them either lived close by each other, but they all knew each other. . . . Terry [Perez, who was married for Beto for awhile] had mentioned something about, that Paula [Hernandez] having [a baby from Beto Vela]. . . . See cause, these girls they would usually fight over him [Beto]. They would always be fighting over him.

Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 13:51:58–13:52:25 ("Q. And you also have, there's a young woman by the name of Pricilla A. That's my step-daughter, but I've raised her since she was a baby. Q. And who is her mother? A. Her mother is Paulina. Q. And who is her father? A. Beto Vela.");

Susan Montez's Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna (July 24, 2004) at 2 (stating that "her [ex-]husband . . . Herbert 'Beto' Vela . . . had been married [sic] to Paula [Hernandez] . . . .'");

Sita Sovin & Lauren Eskenazi's Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna (Sept. 14, 2004) at 5 ("Linda was 18 years old and Beto 27 years old when they met. He was a very jealous man. He would not let her speak even to her brothers. She couldn't leave the house. . . . Beto has many children from other women and marriages. He and his first wife . . . had a son . . . . He and his second wife had [three children]. He also had babies with other women, but Linda does not know their names.");

Susan Montez's Notes on Interview with Mary Ann Perales Benavides (Jul. 16, 2004) at 3–4 ("Mary Ann thought that Priscilla's father was Beto Vela, Linda's first husband.");

James S. Liebman's Notes on Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 17, 2004) at 3 ("Beto Vela is Paula Hernandez's first husband. Their daughter is Pricilla Hernandez. . . . He was married [sic] to Paula Hernandez in the 70s. Married Linda [Perales] in 1979 or 1980.");

Bruce Whitman's Notes on Interview with Yolanda Ortiz, Owner of Casino Club (Sept. 21, 2004) at 2 ("Beto Vela was a dancer and [ladies'] man. . . . Paula Hernandez was one of Beto's girlfriends who was frequently at the Club with Beto . . ..");

Kate Weisburd's Notes on Interview with Teresita Perez Vela, Wife of Beto Vela (May 13, 2005) at 1 ("She said of course she remembered Linda Perales b/c she was [previously] married to [Linda's] husband [Beto Vela] . . .. She [Teresita] . . . was married to Vela [in] '76 or '77–'79 and when they were married he didn't let her out of the house. She had met him at the club and he kept going once they were married but didn't let her go.").

8.

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:06:30–06:07:20:

Q. Who is your father?

A. Herbert Beto Vela.

Q. What is Herbert Beto Vela's relationship to Linda [Perales]?

A. Her husband.

Q. And who is your mother?

A. Paulina Schilling.

Q. OK. And what was her maiden name?

A. Paulina Hernandez.

Q. And Paulina Hernandez, when she had you as a child, was she married to Mr. Vela?

A. No, she wasn't. . . .

Q. And when you were a young child, did you live with your mother Paulina?

A. No, I didn't.

Q. Where did you live?

A. With my grandmother.

Q. What street were you living on?

A. Carrizo.

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:12:15–06:13:01:

Q. [H]ow old were you when you were living with Fidela Hernandez?

A. I went with her, I think at the age of five. No, I was smaller than that. I was an infant when she took me in. I'm not sure.

Q. And did you stay with her throughout your childhood?

A. Yes, until I was fourteen.

Q. Did you stay with Fidela until you were grown up?

A. Not until I was grown up. Just until I was of age to leave.

Q. And how old was that?

A. Fourteen.

Q. And where did you go?

A. I went back with my mother.

Q. And that was your mother . . .?

A. Paulina Schilling.

Sita Sovin & Lauren Eskenazi's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Oct. 29, 2004) at 2 ("Beto got Paula pregnant and then left her.");

Sita Sovin & Lauren Eskenazi's Notes on Interview with Fidela Hernandez, Mother of Carlos Hernandez (Sept. 14, 2004) ("Pauline was 18 y.o. when she became pregnant with Priscilla. Pauline left and went to Houston and Fidela raised Priscilla.").

9.

See infra note 26 and accompanying text.

10.

See supra Chapter 6, notes 33–38 and accompanying text.

11.

Transcribed Videotape Interview with Beatrice Tapia, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 08:09:45–08:12:42, 08:15:08–08:15:32 ("[W]e grew up here on Carrizo Street in Corpus Christi. . . . My sisters, the oldest one is Mary Jane Garcia, Mary Margaret Tapia, and me, Beatrice Tapia, and the little one is Cynthia Maria Garcia, and my little brother is Rafael. . . . Everybody played with everybody's kids. You know, I played around a lot with Pricilla, me and my little sister, and we knew Carlos Hernandez and we knew Javier [Hernandez]. . . . As I can remember, I was older than Pricilla. We played around a lot.");

see also supra Chapter 6, notes 22–60 and accompanying text.

12.

Sita Sovin & Lauren Eskenazi's Notes on Interview with Beatriz Castro, Neighbor of Fidela Hernandez (Oct. 23, 2004) at 8 ("When Bertha [Martinez] became pregnant at 12 years old and wanted an abortion, Mary/Maria [Martinez, her mother] told her to earn money for the abortion by sleeping with men. . . . Later Bertha had a miscarriage. She lost the pregnancy playing basketball.").

13.

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:07:46–06:08:05 ("Q. [W]hat [is] your emotion when you think about that house on Carrizo street. A. I don't like it. I don't like remembering it. Q. How come? A. Bad memories. Q. What kind of bad memories? A. A lot of violence. A lot of hurt.").

14.

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:07:46–06:08:05 ("Q. [W]hat [is] your emotion when you think about that house on Carrizo Street. A. I don't like it. I don't like remembering it. Q. How come? A. Bad memories. Q. What kind of bad memories? A. A lot of violence. A lot of hurt.");

see infra note 17 and accompanying text.

15.

James S. Liebman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Dec. 3, 2004) at 1 ("When I grew up at Fidela's, there was a lot of bleeding. Brothers always fought—a[l]ways blood.");

see Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:32:35–07:32:51 ("Q. And what kinds of things would he [Carlos Hernandez] do when he drank? A. Get mad with Fidela or his brothers. Beat up on his brothers, on his nieces, on his mom.");

James S. Liebman's Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Dec. 4, 2004) at 3 ("All of them at Hernandez family fought with each other. Not a weekend went by and something didn't happen. . . . Me and Fidela used to go out [dancing and drinking]. . . . She (Fidela) [told Janie she] was afraid of CH [Carlos Hernandez]. He hit her when he was drunk. He would break stuff in her (Fildela's) house.");

Sita Sovin & Lauren Eskenazi's Notes on Interview #2 with Fidela Hernandez, Mother of Carlos Hernandez (Sept. 15, 2004) at 3 ("Javier was very jealous. Javier and Carlos fought because Javier complained that Carlos wanted his women. . . . Since Carlos and Javier fought so much, Fidela put Carlos out of the house.");

see also Bruce Whitman's Notes on Interview with Johnny Arsuaga, Cousin of Carlos Hernandez (Nov. 3, 2004) 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.

Bruce Whitman's Notes on Interview with Lila Zapata, Neighbor of the Hernandez Family (Nov. 20, 2004) at 1:

Lila Zapata was about 12 years old when her family moved to Carrizo St. and she met Carlos Hernandez for the first time. Carlos was much older than Lila. Lila had a crush on Carlos, she thought he was handsome but never shared this with him and rarely spoke to him. . . What Lila . . . remember[s] about Carlos Hernandez and his family is that anytime Carlos was home there were people drinking, partying, and the music was loud almost every day or at least every other day. The CC [Corpus Christi] Police were a common sight at the Hernandez's. Carlos moved in and out of the house.

16.

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:08:23–06:09:20 ("They would fight. There'd be blood. . . . Either fist-fighting or they'd use their knives. . . . [Carlos would] pick at [Javier]. Like, he'd cause an argument and my uncle Javier would get upset and they'd start arguing and fighting. . . . [Carlos] stabbed [Javier] in the shoulder. And, a good thing he had his coat on. He would have gotten hurt.").

17.

Sita Sovin & Lauren Eskenazi's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Oct. 29, 2004) at 3 (describing Pricilla's recollection of the fight about Dahlia: "CH [Carlos Hernandez] and Priscilla's step Dad (Freddy Schilling) got into a huge argument and fight. They were fighting on the street and Priscilla believes they used knives. The neighbors called the police and an ambulance came. . . . The paramedics treated them on the spot in the middle of the street.");

James S. Liebman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Dec. 3, 2004) at 1 ("CH [Carlos Hernandez] was arguing with Freddy Schilling about a woman, 'Dahlia.' They started physically fighting. Ambulance came because a stabbing occurred during the fight. Both uncles (CH and Javier) and Freddy. Started fighting—first [time] she remembers they fought, both uncles & my stepfather. . . . In the ambulance incident, she thinks someone must have been stabbed . . . . My step dad [Schilling] wasn't the violent type and didn't use knives. Drugs not violence.").

18.

See supra note 17 and accompanying text.

19.

Sita Sovin & Lauren Eskenazi's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Sept. 16, 2004) at 2 ("Fidela is a witch. . . . Fidela never gave her children the kind of love a mother gives her children. There was no bonding between Fidela and her children. . . . Fidela never gave Paula a kiss or a hug.");

see James S. Liebman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Dec. 3, 2004) at 3 ("$—with Fidela it was all about $").

20.

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:19:40 ("Q. Did Carlos ever hurt you? A. Yes he did, but nobody believed me. Q. How did he hurt you? A. He touched me in places that he wasn't supposed to. Q. Did he make you touch places that you weren't supposed to? A. Yes. Q. And where did this happen? A. In my grandmother's room in [the house on] Carrizo [Street].");

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:33:25–06:34:44:

Q. Tell me why you believe that you cannot have normal relations with people—

A. I don't feel comfortable. I mean, it's not so much that, it's just, I've been through so much, and I just don't feel comfortable with myself, and I run them off like that. I don't feel comfortable with my body, and it's, like, nobody can live with that.

Q. And tell me what role you think Carlos played in how you feel about yourself in relationships. When I say Carlos, I mean Carlos Hernandez.

A. Well, he destroyed my life. Since I was young, I felt dirty. I mean, I don't feel comfortable with myself. I mean, person can say, "you look pretty" and this and that, but I don't feel it.

Sita Sovin & Lauren Eskenazi's Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 2 ("Fidela did a lot of ugly things to Paula [Hernandez, Pricilla's mother]. She made Paula bathe with the bathroom door open.");

Bruce Whitman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Aug. 9, 2004) at 2 ("Pj [Pricilla Jaramillo] has always suffered as a result of the rapes [by her uncle] and has never been able to have a 'normal sexual relationship with men.' Every man she has developed a relationship with left her because of this. pj [Pricilla Jaramillo] to this day thinks her body is 'ugly' and wears plain cloth[e]s th[at] cover her up completely. She can not stand to see herself . . . and takes showers with her [underclothing] on. Her daughters try to get her to change her hair and try on different clothes but she refuses.");

Sita Sovin & Lauren Eskenazi's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Sept. 16, 2004) at 2 ("Fidela never gave her children the kind of love a mother gives her children. . . . Fidela never gave Priscilla privacy when she was young. . . . Fidela, CH [Carlos Hernandez] and Priscilla were forced to sleep in the same bed together."); see infra notes 21–34 and accompanying text; supra Chapter 6, notes 61–80 and accompanying text.

21.

Sita Sovin & Lauren Eskenazi's Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna (Sept. 14, 2004) at 5, 7 (noting that her step-daughter "Pricilla [Hernandez] witnessed Fidela engage in prostitution"; "Her grandmother was with [men]—in and out of the house.");

Sita Sovin & Lauren Eskenazi's Notes on Interview with Beatriz Castro, Neighbor of Fidela Hernandez (Oct. 23, 2004) at 2 ("Javier told one of Beatriz's sons that he watched his mother having sex with a man.");

James S. Liebman's Notes on Peso Chavez's Interview with Rita Hull, Friend of Hernandez Family (July 22, 2004) at 1, 3 ("Fidela was a . . . working prostitute."; "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. That's where Pricilla picked it up from (referring to the number of relationships Pricilla had with so many different men.");

Sita Sovin & Lauren Eskenazi's Notes on Interview with Rita Hull, Friend of Hernandez Family (Sept. 14, 2004) at 2 ("Fidela raised Pricilla. Pricilla turned out the way she did because of what she witnessed at Fidela's house, including Fidela's prostitution.").

22.

See supra Chapter 6, notes 70–72 and accompanying text.

23.

James S. Liebman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Dec. 3, 2004) at 3 ("Both of us, my mom and me, were made to shower in front of Fidela.");

see Sita Sovin & Lauren Eskenazi's Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 2 ("Fidela did a lot of ugly things to Paula. She made Paula bathe with the bathroom door open.").

24.

Sita Sovin & Lauren Eskenazi's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Sept. 16, 2004) at 2 ("Fidela never gave Pricilla privacy when she was young. Fidela, [Carlos], and Priscilla were forced to sleep in the same bed together");

James S. Liebman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Dec. 3, 2004) at 2 ("Fidela, [Carlos] and Pricilla were forced to sleep in the same bed together.").

25.

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:19:40–16:20:15 ("Q. Did Carlos ever hurt you? A. Yes he did, but nobody believed me. Q. How did he hurt you? A. He touched me in places that he wasn't supposed to. Q. Did he make you touch places that you weren't supposed to? A. Yes. Q. And where did this happen? A. In my grandmother's room in Carrizo.");

Sita Sovin & Lauren Eskenazi's Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna (Sept. 14, 2004) at 7–8 ("[Her step-daughter] Pricilla told Linda that there was 'sexual stuff with the [Hernandez] family.' Linda states that 'she [Pricilla] was doing that stuff with someone in the family.' There was a, 'family incest thing.'");

James S. Liebman and Peso Chavez's Notes on Interview with Rita Hull, Friend of the Hernandez Family (July 22, 2004) at 2 ("Paula told Ms. Hull that when she was growing up she never liked taking baths because her mother would make her leave the door open so that she could watch her bath[e]. Ms. Hull stated, 'This was a strange family—Paula's father impregnated her [half-]sister Margaret . . . .'").

26.

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:19:40–06:20:15 ("Q. Did Carlos ever hurt you? A. Yes he did, but nobody believed me. Q. How did he hurt you? A. He touched me in places that he wasn't supposed to. Q. Did he make you touch places that you weren't supposed to? A. Yes.");

Bruce Whitman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Aug. 9, 2004) at 1–2:

When pj [Pricilla Jaramillo] was 9, her uncle Carlos Hernandez began sexually abusing her. The abuse began with ch [Carlos Hernandez] exposing himself to pj and than forcing pj to perform oral sex and eventually vaginal penetration. Note: pj was visibly upset, shaking and crying when talking about the sexual abuse. Ch [Carlos Hernandez] told pj not to tell anyone about the abuse as they would not believe her. [She] told her gm [grandmother] Fidela and she [Fidela] did not believe her. She told her mother Paula and all her mother did was cry. She told her uncle Javier and he said he would try to protect her, which he didn't. pj tried to keep herself safe by going with her gm anytime she left the house but there were times she [was] alone in the house and ch raped her. At age 14 pj had had enough and ran away from gm's house to her mothers. Pj has always suffered as a result of the rapes and has never been able to have a "normal sexual relationship with men."

See James S. Liebman's Notes on Interview with Rita Hull, Friend of Hernandez Family (Nov. 4, 2005) at 1 ("Said Pricilla had been raped . . . by her uncle CH [Carlos Hernandez] . . .");

Sita Sovin & Lauren Eskenazi's Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 3 ("Carlos molested Pricilla. Once, Javier walked in on Carlos forcing Pricilla to perform oral sex on Carlos.");

Sita Sovin & Lauren Eskenazi's Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna (Sept. 14, 2004) at 7–8 ("[Her step-daughter] Pricilla told Linda that there was 'sexual stuff with the [Hernandez] family.' Linda states that 'she [Pricilla] was doing that stuff with someone in the family.' There was a, "family incest thing.'"; "She later learned that Carlos [Hernandez], that he was 'bad' . . . that he raped [her step-daughter] Priscilla.");

Peso Chavez's Notes on Interview with Gloria Licea Sanchez, Girlfriend of Carlos Hernandez (July 21 and 23, 2004) at 3 ("GLORIA'S KNOWLEDGED [sic] ABOUT THE HERNANDEZ FAMILY: . . . Pricilla had been molested by Carlos.");

Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 14:24:02–14:24:47 ("I was locked up at the time. But I came out of prison one day. Months later, my wife and I were laying down, and she started crying. She confessed to me. She didn't want to say anything, but when she did, she told me that Carlos Hernandez had sexually assaulted my stepdaughter, Pricilla. That really, really—It hurt me, hearing that.");

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 04:04:05–04:06:19 ("[H]e [Carlos Herandez] was bad. He was even molesting his niece, Pricilla. He was a pervert, besides being an alcoholic.");

Peso Chavez's Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 3 ("[Carlos] raped his younger brother Frank and his niece Pricilla.");

see also Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:51:32–07:52:46:

Q. Carlos had a little niece you said, Pricilla, was Pricilla friends with any of your daughters?

A. Yes . . . .

Q. What did Pricilla do when she was around Carlos?

A. She wouldn't want to be there. She would come by the house and say she didn't want to be there. But I never did ask her why. But she kind of wanted to let somebody know what was going on at the time.

Q. Tell me what, tell me what that was about.

A. Like sex. That's it, you know. He [Carlos Hernandez] was doing something to her that she didn't want to go through.

Q. How old was she at that time? A. She was about 10, 11 between there, maybe younger than that I'm not sure.

James S. Liebman's Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Dec. 4, 2004) at 3 ("Frankie: CH [Carlos Hernandez] beat the crap out of him. Very abusive—sexually abusive. Frankie told JA [Janie Adrian] about this. Also, the little girl, Priscilla. She was always afraid and wanted to be around anyone besides Carlos. JA always wondered why Priscilla was this way.");

Transcribed Videotape Interview with Beatrice Tapia, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 08:42:03–08:42:49 ("[T]here was times when Pricilla was scared to go home, and there were times when Pricilla didn't want to spend the night there. She would constantly, Pricilla would constantly ask me if she could spend the night at our house.").

27.

Bruce Whitman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Aug. 9, 2004) at 1–2:

Ch [Carlos Hernandez] told pj [Pricilla Hernandez] not to tell anyone about the abuse as they would not believe her. [She] told her gm [grandmother] Fidelia [sic] and she did not believe her. She told her mother Paula and all her mother did was cry. She told her uncle Javier and he said he would try to protect her, which he didn't. pj tried to keep herself safe by going with her gm anytime she left the house but there were times she [was] alone in the house and ch raped her.

28.

Bruce Whitman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Aug. 9, 2004) at 1–2 ("Ch [Carlos Hernandez] told pj [Pricilla Jaramillo] not to tell anyone about the abuse as they would not believe her.").

29.

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:20:44–06:21:10 ("[Javier] caught [Carlos] one time, unzipping his pants. And they got into an ugly argument.");

see Sita Sovin & Lauren Eskenazi's Notes on Interview with Rita Hull, Friend of the Hernandez Family (Sept. 14, 2004) at 3 ("Carlos molested Pricilla. Once, Javier walked in on Carlos forcing Pricilla to perform oral sex on Carlos.").

30.

Bruce Whitman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Aug. 9, 2004) at 2 ("She told her uncle Javier and he said he would try to protect her, which he didn't.").

31.

Bruce Whitman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Aug. 9, 2004) at 2 ("[Pricilla] told her mother Paula and all her mother did was cry.").

32.

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:21:10–06:21:34 ("Well, [my grandmother] thought I was lying. She told me to keep my mouth shut.").

33.

James S. Liebman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Dec. 3, 2004) at 3 ("I hated him [Carlos Hernandez] because he was violent and drunk and scared me. I always tried to stay where there was people.");

Bruce Whitman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Aug. 9, 2004) at 2 (""pj [Pricilla Jaramillo] tried to keep herself safe by going with her gm [grandmother Fidela] anytime she left the house but there were times she [was] alone in the house and ch [Carlos Hernandez] raped her.");

see supra note 26 and accompanying text.

34.

James S. Liebman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Dec. 3, 2004) at 1 ("[Carlos] has done nothing but harm to people. Sick person.");

see Bruce Whitman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Aug. 9, 2004) at 2 (Pricilla "hated [Carlos], stayed away from him and can't even stand to hear his name.").

35.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:50:31–07:51:32 ("Q. Carlos Hernandez you said had a brother named Frankie. A. Frankie, he [Carlos] was very abusive to Frankie, verbally and I think, a . . . what's that other word, abusive by, with Frankie. . . . Q. Abusive in what way? A. Like he would do things to Frankie that he's not supposed to, Frankie didn't want to be there. . . . Frankie would come by the house and tell me he didn't want to be there with Carlos. . . . Q. Was it sexual abuse? A. Yes.");

James S. Liebman's Notes on Interview with Jane Adrian, Neighbor of Carlos Hernandez (Dec. 4, 2004) at 3 ("Frankie: CH [Carlos Hernandez] beat the crap out of him. Very abusive—sexually abusive. Frankie told JA [Janie Adrian] about this. Also, the little girl, Pricilla. She was always afraid and wanted to be around anyone besides Carlos. JA always wondered why Pricilla was this way.");

Sita Sovin & Lauren Eskenazi's Notes on Interview with Beatriz Castro, Neighbor of Fidela Hernandez (Oct. 23, 2004) at 3 ("[Carlos] and Javier, together, used to sexually abuse Frank when Frank was young. . . . Frank used to complain to Fidela about [Carlos] and Javier sexually abusing him and Fidela told Frank to 'fight like a man.' When Beatriz asked Frank about it—he told her that it happened all the time.");

Peso Chavez's Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 3 ("[Carlos] raped his younger brother Frank and his niece Pricilla.").

36.

Sita Sovin & Lauren Eskenazi's Notes on Interview with Beatriz Castro, Neighbor of Fidela Hernandez (Oct. 23, 2004) at 3 ("Frank used to complain to Fidela about [Carlos] and Javier sexually abusing him and Fidela told Frank to 'fight like a man.' When Beatriz asked Frank about it he told her that it happened all the time.").

37.

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:21:34–06:22:35 ("I overheard, when I was growing up, that he [Carlos Hernandez] had hurt another child. Seventh street. It was a little girl. . . . [She heard this from Hernandez's friend Mary Ellis.] Yes. She [Ellis] lived right next door to the people.").

38.

James S. Liebman Notes on Steve Mills's Interview with Dina Ybañez, Girlfriend of Carlos Hernandez (Nov. 3, 2005) at 1 (describing two incidents when she caught Carlos molesting the five-year-old daughter of the sister of Carlos's girlfriend; she told the girlfriend to put a stop to it, but the girlfriend didn't.).

39.

Bruce Whitman's Notes on Interview with Maria Martinez, Neighbor of Carlos Hernandez (July 22, 2005) at 1–2:

While living on C[a]rizzo Street in the early 80's Carlos Hernandez tried to rape Maria's daughter Bertha. Bertha told Maria she was at the Hernandez house to visit with Carlos Hernandez's sister Paula when Carlos Hernandez forced her behind the Hernandez house where Carlos Hernandez tried to rape her. Bertha managed to kick Carlos Hernandez, freed herself and ran home. The attempted rape was not reported to the police.

Peso Chavez's Notes on Interview with Maria Martinez, Neighbor of Carlos Hernandez (Dec. 2, 2005) at 2 ("Carlos raped my little girl." Ms. Martinez stated, "When Berta was 12 years old Carlos Hernandez raped her.").

40.

Transcribed Videotape Interview of Marcella Brown, Friend of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 13:21:27–13:22:43 ("I didn't meet Carlos Hernandez and Javier Hernandez 'til, I had to be in my early twenties, I believe, mid to early twenties, something like that. I met them through mutual friends, partying, hanging out. When I met Carlos, I met him through his brother, Javier Hernandez. We [Marcella and Carlos] also hung out together. Him [Carlos Hernandez] and his girlfriend [Cindy Maxwell] babysat my kids, and we hung around. I knew him for quite a few years.")

41.

Transcribed Videotape Interview of Marcella Brown, Friend of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 13:30:38–13:32:34:

I didn't find this out until actually, I'm thinking it's been within the last 6 months. . . . My son, we were talking about other people that had gone through being molested or whatever. . . . And then that's when he came out and said that he, also, had been molested, which was a really big shock to me because I had no clue. And that's when he told me that it was Carlos [Hernandez]. And I was just so upset, you know. It was hard for me to get it together and consult [sic—console] him, but he was cons[oling] me 'cause I felt guilty. These were people [Carlos Hernandez and Cindy Maxwell] that I trusted. We never got him [her son] to detail or anything. I didn't know if he wanted to talk about it or not. So he just told me it was ok, it was over with, it wasn't my fault. But I had no clue, I never would have thought, because Cindy was also there.

42.

Sita Sovin & Lauren Eskenazi's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Sept. 16, 2004) at 1 ("He [Carlos Hernandez] thought he was 'a certain kind of bully—he thought he was untouchable.'").

43.

Carlos Hernandez Complete On-Line Criminal Record, Criminal History System.

44.

Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 14:26:07–14:27:40;

see James S. Liebman's Notes on Interview with Cruz Perez and Lisa Garza, Neighbors of Carlos Hernandez in the Mid–1980s (Nov. 3, 2005) at 1 (describing incidents during which Carlos Hernandez would make his mentally impaired girlfriend "sit there and be quiet and watch" while he "was hitting on other girls. He hit on everyone. He hit on Lisa [Cruz Perez's daughter] and she was only 14.").

45.

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4. 2004) at 06:15:31–06:19:40:

Q. [D]id you sometimes overhear your uncles talking to each other when they were out on the porch or in the house, or drinking? . . . .

A. [J]ust him playing with his knife and bragging and saying that he had hurt somebody. . . .

Q. [W]ere you trying to listen?

A. Well, of course not. That's not what a child likes to hear. I was just always there at the wrong time when they were talking, but they would just always go outside.

Q. On the porch?

A. Right. . . .

Q. [T]ell me what that was said?

A. . . .I heard was him telling my uncle Javier. Well, he was bragging to Javier, that he had hurt somebody. And Javier didn't believe it.

Q. Did you hear a name at that time . . .

A. Yes, somebody by the name of Wanda.

Q. Did you know this Wanda?

A. I didn't know her personally. I was too young.

Q. And what did you want to do when you heard that?

A. . . . Every time I heard, I'd hear them conversate like that, I'd want to run, I'd want to block things out of my mind.

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4. 2004) at 06:30:00–06:30:57 ("Q. [Y]ou said when your uncle Carlos and your uncle Javier were up on the porch, they were talking about Carlos having hurt someone. They mentioned the name Wanda. 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.");

Steve Mills & Maurice Possley, Did One Man Die For Another Man's Crime? The Secret That Wasn't, Chi. Trib., June 27, 2006, http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory ("[Pricilla Hernandez] Jaramillo's recollection is similar. 'My Uncle Carlos said that he had hurt somebody—that he had stabbed somebody,' said Jaramillo, who now lives elsewhere in Texas. Javier didn't believe it. 'Carlos said, "I did." And he named her, and Javier knew her,' Jaramillo said. 'He said the name was Wanda.'").

46.

Steve Mills & Maurice Possley, Did One Man Die For Another Man's Crime? The Secret That Wasn't, Chi. Trib., June 27, 2006, http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory ("[Pricilla Hernandez] Jaramillo's recollection is similar. 'My Uncle Carlos said that he had hurt somebody—that he had stabbed somebody,' said Jaramillo, who now lives elsewhere [than Corpus] in Texas. Javier didn't believe it. 'Carlos said, "I did." And he named her, and Javier knew her,' Jaramillo said. 'He said the name was Wanda.'"); James S. Liebman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Dec. 3, 2004) at 2–3 ("[Carlos Hernandez] would play with his knife. He said he hurt someone. Talking, drinking Busch beer. He would brag, bragging. About hurting someone. He was violent with females; he would argue with them. He was talking to Javier about hurting a female; he was playing with a knife; saying what he did with the knife. Spanish-English. Javier: Nah, you didn't do that. [Carlos Hernandez]: Yes. . . . Javier didn't want to hear it. . . . Javier didn't want to hear. He [Carlos] didn't think anyone would find out about [it].").

47.

James S. Liebman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Dec. 3, 2004) at 2–3 ("[Carlos Hernandez] would play with his knife. He said he hurt someone. Talking, drinking Busch beer. He would brag, bragging. About hurting someone. He was violent with females; he would argue with them. He was talking to Javier about hurting a female; he was playing with a knife; saying what he did with the knife. Spanish-English. Javier: Nah, you didn't do that. CH: Yes. . . . Javier didn't want to hear it. . . . Javier didn't want to hear. He [Carlos] didn't think anyone would find out about [it].").

48.

Transcribed Videotape Interview with Beatrice Tapia, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 08:16:56–08:19:33, 08:25:32–08:27:06 ("[H]e [Carlos] was telling Javier that he Carlos Hernandez had hurt Wanda. But that he—We weren't really paying attention to him, but we overheard—he was talking loud enough for us to hear what, he were, they were there—Carlos Hernandez and Javier were sitting, and me and Pricilla were sitting on the steps, on the very top steps. So, we overheard that he was, that Carlos Hernandez had hurt Wanda."; Javier and Carlos Hernandez were drinking when Carlos "said that he had hurt Wanda").

49.

Transcribed Videotape Interview with Beatrice Tapia, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 08:16:56–08:19:33, 08:25:32–08:27:06 ("[H]e [Carlos] was telling Javier that he Carlos Hernandez had hurt Wanda. But that he—We weren't really paying attention to him, but we overheard—he was talking loud enough for us to hear what, he were, they were there—Carlos Hernandez and Javier were sitting, and me and Pricilla were sitting on the steps, on the very top steps. So, we overheard that he was, that Carlos Hernandez had hurt Wanda."; Javier and Carlos Hernandez were drinking when Carlos "said that he had hurt Wanda");

Steve Mills & Maurice Possley, Did One Man Die For Another Man's Crime? The Secret That Wasn't, Chi. Trib., June 27, 2006:

Beatrice Tapia and Pri[c]illa Jaramillo never spoke about what they knew because they wanted to forget.

Although they had not seen each other in years, they independently recalled the same chilling details from the day they heard Hernandez say he killed Lopez.

Jaramillo is Hernandez's niece, and during the 1980s she lived at his mother's home, where, she said, she was sexually abused by Hernandez.

Not long after Lopez was slain, Jaramillo, then 11, and Tapia, 16, a neighborhood friend, were sitting on the front steps, mostly talking but also listening to Hernandez and his brother Javier, who were on the porch drinking beer.

Carlos told his brother that he had killed the woman at the gas station.

"He was saying he did something wrong and said Wanda's name. He said he killed her," recalled Tapia, who still lives in Corpus Christi. "He said he felt sorry about it."

Jaramillo's recollection is similar. "My Uncle Carlos said that he had hurt somebody—that he had stabbed somebody, said Jaramillo, who now lives elsewhere in Texas. Javier didn't believe it.

"Carlos said, 'I did.' And he named her, and Javier knew her," Jaramillo said. "He said the name was Wanda."

50.

Transcribed Videotape Interview with Beatrice Tapia, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 08:25:32–08:27:06 ("[W]hen Carlos Hernandez said that he had . . . hurt Wanda Lopez . . . I was scared . . . , and I looked at Pricilla, and I remember that Pricilla just told me [shakes head and shrugs], you know, she just like, 'don't,' [puts fingers to lips,] she just went like this [puts finger to her lips]and told me [to say] nothing.").

51.

Transcribed Videotape Interview with Beatrice Tapia, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 08:16:56–08:19:33, 08:23:46–08:25:14:

I remember one time . . . Carlos Hernandez telling Javier . . . that he was going to go see Wanda, at the store, the Diamond Shamrock. . . . I would say he [Carlos] had a crush on her, that he wanted to, to date her. Because of the way he would talk about Wanda, because of the way Carlos Hernandez would talk about Wanda. . . . [One day Carlos] called her name, and Pricilla, she's a busy body, she wants to know everything, and she would tell [Carlos], "Well, who's that [he was talking about]?" And Carlos Hernandez told her, "it's Wanda Lopez."

Bruce Whitman's Notes on Interview with Beatrice Tapia, Neighbor of Carlos Hernandez (Sept. 28, 2004) at 1:

Pricilla always asked Fidela, Carlos or Javier where they were going whenever they the left there [sic] house. Many times within "a few months" before the Wanda Lopez killing, Pricilla asked Carlos Hernandez where he was going in Bea's presence. Carlos said he was going to the Diamond Shamrock station next to Wolfy's to hang out. . . . Carlos said he was going to the Diamond Shamrock to visit with Wanda and a couple of times Carlos said he was going to the Diamond Shamrock station to hang out and to visit Wanda Lopez.

52.

Transcribed Videotape Interview with Beatrice Tapia, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 08:25:32–08:27:06 ("[W]hen me and Pricilla were sitting outside, when Carlos Hernandez said that he had hurt, Carlos Hernandez had hurt Wanda Lopez, that's when I put two and two together, when I started hearing about the news about Wanda Lopez.").

53.

Transcribed Videotape Interview with Beatrice Tapia, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 08:25:32–08:27:06 ("I was scared . . . . I looked at Pricilla, and I remember that Pricilla just told me [shakes head and shrugs], you know, she just like, 'don't,' [puts fingers to lips,] she just went like this [puts finger to her lips]and told me [to say] nothing.").

54.

Transcribed Videotape Interview with Beatrice Tapia, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 08:38:34–08:39:39 ("Q. Did, at the time that all of this happened, did anybody come around your neighborhood, a police officer, or detective or anyone, and ask questions about Carlos Hernandez? A. As I can recall and I remember, no. I don't remember speaking to anybody. I don't recall my family speaking to anybody. I don't recall nothing like that happening.").

55.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:27:55–07:28:03 ("Q. How well did you know Fidela? A. Very very good. We used to go out together. We used to hang around together.");

Bruce Whitman's Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Sept. 23–24, and 27, 2004) at 4 ("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.' Fidela and Janie often went out together when they both lived on Carrizo Street. They hung out at a bar on Staples and Kennedy and the 'Y' Bar on Comanche and Port.".);

James S. Liebman's Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Dec. 4, 2004) at 3 ("Me and Fidela used to go out."; "She [Fidela] was afraid of CH. He hit her when he was drunk. He would break stuff in her (Fildela's) [sic] house.");

Bruce Whitman's Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 2 ("Fidela was not working at a job. She went out nightly to bar/lounges, including one called Marie's. Fidela frequently was accompanied by Margie's mother Janie.").

56.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:37:48–07:39:41:

[Hernandez] came looking for Margie. And he looked like very anxious, very like he really had to talk to somebody. And he parked his car, on the opposite side, say he was going in through here, he came on the other side. And the driver side was towards the street. And he just kind of like, got out, half of his body was out and half of his body was in. And he said he wanted to talk to Margie. He was wearing blue jeans and a white t-shirt. And it was between 6:30–7:30; between there; it was barely getting dark. . . . He was like very nervous, like if he was either waiting for somebody after him or waiting for somebody. He wanted to talk to somebody. He wanted to talk to Margie real bad. I told him Margie wasn't at home at the time. . . . [H]e was looking around like if he thought somebody was after him.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:41:22–07:41:36 ("Q. Ok, and what was he like on that occasion? A. Nervous, very nervous.");

James S. Liebman's Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Dec. 4, 2004) at 1 ("When CH [Carlos Hernandez] came by after Wanda killed: Not too dark, not daylight. Margie and CH already separated, CH looking for Margie. He was in gold car—1/2 out, 1/2 in the car. He was looking for Margie and wanted to talk to someone and say what happened. He took off. He was nervous and looking behind him. . . . That night, when Carlos came over looking for Margie, he wanted to say something—he was desperate.").

Carlos Hernandez did not always have a car. One period when he did, however, was in 1983, when he had commandeered Rosa Anzaldua's 1975 Mercury. Anzaldua was married to Hernandez in 1982 and 1983. In the latter year, after Hernandez had attacked her and her children with a baseball bat, Rosa sued for a divorce, an order of protection, and the return of her 1975 Mercury, which Carlos had taken from her, all of which were subsequently ordered by the court. See Temporary Orders, In re the Marriage of Rosa Anzaldua Hernandez and Carlos Hernandez (Nueces Cty., 347th Dist. Tex. Dec. 13, 1983) at 1–2.

57.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:36:50–07:40:25:

Q. Miss Adrian, did there come a time when you heard a news report about a women named Wanda Lopez?

A. Yes, I sure did. The following day, I was sitting down in the, no matter of fact I was going up and down the stairs I was washing. When I came upstairs then I heard something on the news. But I never thought nothing of it. I didn't put too much attention to [it].

Q. And what did you hear had happened to Wanda Lopez over there?

A. That they had stabbed her or killed her or something like that. . . .

Q. [W]hen was the very last time before you heard that news report about Wanda Lopez that you had seen Carlos Hernandez?

A. I saw Carlos Hernandez about the day that happened, the day before it happened to Wanda. I had seen Carlos, that's the day he was there asking for Margie.

See also Bruce Whitman's Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sept. 24 and 26, 2004) at 5 ("Janie Adrian, Margie's mother, told Margie that Fidela Hernandez said Carlos Hernandez confessed that he had murdered Dahlia Sauced[a] in 1979. Jane also told Margie she knew that Carlos Hernandez was a friend of Wanda Lopez and that on the night of the Lopez murder Carlos Hernandez was at Janie's house looking for Margie (who he had not been dating for years as of that point).").

58.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:42:08–07:46:13:

Q. Now you described your house for us and you described that there was a park, kind of a park area with grass and trees behind your house.

A. Behind my apartment.

Q. And, what was that park used for?

A. Just, it didn't have no swings or anything, so it was just probably just for people to hang out there, to talk, to drink. . . .

Q. And describe again the places in your house where if you happen to be walking or working or doing whatever, you could look out into that place or hear [what was said there].

A. If I was coming up the stairs, underneath my apartment . . . and then there was a big old porch right here where my front door was . . . . The kitchen had a back door into the balcony that was there. . . .

Q. And which of those places if you were standing or working or doing whatever—

A. You could see it [the park] from either the kitchen, the back of the kitchen, the door, right, you could see to the park. Or the bedroom you could see to the park.

Q. And the balcony? From the balcony, you could see to the park. . . .

A. Yes, yes, it [the balcony] was over the park. . . .

Q. And how about on the stairs did you see or hear into the—

A. Why yes, we could go, while you were coming up my stairs you could hear people in the back talking.

59.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:32:56–07:33:12, 07:46:26–07:46:50, 07:55:02–07:55:30, 07:57:43–07:58:04:

A. He [Carlos Hernandez] said things he shouldn't have said. Things that weren't, that I felt we didn't have to know. . . . Carlos Hernandez . . . [said] things he's not supposed to have said. That I thought that it was none of our business; that we didn't have to know. . . .

Q. And did you go to the police?

A. No, no, we didn't want, we weren't—I mean I'm the type of person that you hear something, that you just shut up and that's it. You don't know nothing, you didn't hear nothing. Cause we were afraid that we knew more than what we were supposed to have known.

Q. Who were you afraid of?

A. Carlos. . . .

Q. Who do you think is responsible for Wanda's death?

A. Carlos Hernandez. If it hadn't come out of his mouth, but when he used to get drunk he used to say a lot of things he not supposed to have said. And that time that he was out there that he said that Wanda, that there was a stabbing and her name was Wanda Lopez. It came into my head that how could this be, I mean he shouldn't be saying nothing like that.

60.

James S. Liebman's Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Dec. 4, 2004) at 1–2:

After awhile, they were sitting outside. CH [Carlos Hernandez] and another man outside in back in little park or grassy area behind our house on Carrizo; they were talking. I was trying to figure out what was going on. When Carlos was drinking, he would say things. Other times, he would try to hold back. That was how Carlos was. That's when he admitted it. . . . When he admitted he did it, I didn't know whether to believe him. . . . He was talking to a guy in back of the park. He needed to tell something because he cldn't keep it to himself. They had gotten into a discussion; CH was talking about CDL [Carlos DeLuna] . . . . I don't like to get into someone else's business . . . . 1st time she heard them talking outside she was upstairs on her balcony. 2nd time—in laundry room or on stairs from their [garage] up to my apartment; stairs in the back next to the park. Bragging. . . . He said it, he hurt Wanda, and he said (J.A. [Janie Adrian] is crying now) Carlos DeLuna took the fall. Wanda Lopez. My tocallo took the blame. When he was drinking he [Hernandez] didn't keep his mouth shut.

See Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) 07:46:13–07:47:41:

Q. Ok, now you described hearing news reports about Wanda Lopez being stabbed at the Diamond Shamrock. Did there come a time after that, when you heard something else about how Wanda Lopez died?

A. Well I heard Carlos Hernandez, once talking about a stabbing or a killing that had happened but I wasn't really sure who it was or he was talking about because he didn't say, he wouldn't say names. But when Carlos Hernandez was drunk he would say things he's not supposed to have said. That I thought that it was none of our business; that we didn't have to know. . . .

Q. What did he say about Wanda Lopez?

A. That he had stabbed her. But I wasn't really sure. I didn't want to say nothing. I was afraid if I knew something he would come, if he knew that we knew more than what we [were] supposed to have heard.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:48:47–07:50:09:

Q. And what did [Carlos Hernandez] say about this other person?

A. Taking the blame for it. . . . . Tocayo. That his tocayo had taken the blame for it. But I wasn't really sure what they were talking about, because like I said you know, I didn't like to be nosy, I didn't like to talk about anything. . . .

Q. What did Carlos Hernandez say?

A. He said that a, he stabbed this girl. But at the time, like I said, I didn't know who it was. I didn't know what he was talking about. Until I heard on the news . . .

Q. Did he use a name?

A. Yes. Wanda Lopez.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:57:43–07:58:04:

Q. Who do you think is responsible for Wanda's death?

A. Carlos Hernandez. If it hadn't come out of his mouth. But when he used to get drunk he used to say a lot of things he not supposed to have said. And that time that he was out there that he said that Wanda, that there was a stabbing and her name was Wanda Lopez. It came into my head that how could this be, I mean he shouldn't be saying nothing like that.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:59:02–07:59:48 ("Mrs. Adrian, who do you think killed Wanda Lopez? A. Carlos Hernandez. Q. Why do you think that? A. Because Carlos Hernandez had said it—the fact that he killed Wanda Lopez.").

61.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:49:33–07:49:54, 07:49:54–07:50:09, 07:47:02–07:47:41 ("Q. What did Carlos Hernandez say? A. He said that a, he stabbed this girl."; "Q. Did he use a name? A. Yes. Wanda Lopez."; "Q. What did he say about Wanda Lopez? A. That he had stabbed her.");

see also Bruce Whitman's Notes on Interview with Mary Margaret Tapia, Girlfriend of Carlos Hernandez (Sep. 24–26, 2004) at 5 ("Janie Adrian, Margie's mother, told Margie that Fidela Hernandez said Carlos Hernandez confessed that he had murdered Dahlia Sauced[a] in 1979.").

62.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:49:01–7:49:15 ("[Carlos Hernandez said] 'Tocayo.' That his tocayo had taken the blame for it. But I wasn't really sure what they were talking about, because like I said you know, I didn't like to be nosy, I didn't like to talk about anything.");

Steve Mills & Maurice Possley, Did One Man Die For Another Man's Crime? The Secret That Wasn't, Last of Three Parts, Chi. Trib., June 27, 2006, at 2, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory:

After Hernandez died in prison in 1999, word reached Corpus Christi, and people began to talk.

Janie Adrian remembered how Hernandez bragged about stabbing Lopez, how he said Carlos De Luna, the man who shared his first name, was innocent. "He said, 'My stupid tocayo took the blame for it,'" she recalled recently.

Adrian, a neighbor of Hernandez's mother, Fidela, said she always thought someone would ask what she knew. Nobody ever did, so she never told.

"I kept it to myself," she said in her Corpus Christi home. "Maybe I could have said something then."

63.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:49:01–7:49:15 ("[Carlos Hernandez said] 'Tocayo.' That his tocayo had taken the blame for it. But I wasn't really sure what they were talking about, because like I said you know, I didn't like to be nosy, I didn't like to talk about anything.");

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:47:50–07:48:44 , 7:48:50–7:49:01 (noting that, by tocayo, Carlos Hernandez was referring to "his 'cuate'" or "his . . . camarada" (comrade) as the one who was "taking the blame");

see also Tocayo—Definition, Merriam-Webster.com, http://www.merriam-webster.com/spanish/tocayo (last visited Jan. 30, 2012) (defining "tocayo" as "namesake"); "What does the Spanish word 'tocayo' or 'tocallo' mean in English?"—Question, Yahoo! Answers, http://answers.yahoo.com/question/index?qid=20080517113451AA5AQ24 (last visited Jan. 30, 2012) ("Question: What does the Spanish word 'tocayo' or 'tocallo' mean in English? . . . . Answer: A twin or some who has the same name as you do!"); Cuate—Definition, Reverso Collins Spanish-English Dictionary, http://dictionary.reverso.net/spanish-english/cuate (last visited Jan. 30, 2012) (defining "cuate" as "twin," "mate," "pal" or "buddy").

64.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:50:09–07:50:31 ("Q. When he was saying those things, what was [sic] his emotions? Was he sad? A. Like he was proud of it. Like if he hadn't said nothing [about who he killed] he could have killed a dog or something. Like he was proud of it.").

65.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:37:35–07:37:48 ("Q. [W]hen was the last time before that you had seen Carlos Hernandez? A. Ok it was the day before that or after that, I'm not really sure when it was. He came looking for Margie. And he looked like very anxious, very like he really had to talk to somebody.").

66.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:55:02–07:54:30 ("Q. And did you go to the police? A. No, no, we didn't want, we weren't—I mean I'm the type of person that you hear something, that you just shut up and that's it. You don't know nothing, you didn't hear nothing. Cause we were afraid that we knew more than what we were supposed to have known. Q. Who were you afraid of? A. Carlos.");

Sita Sovin & Lauren Eskenazi's Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Oct. 29, 2004) at 1 (expressing concern that she would be perceived as a "stoolie").

67.

James S. Liebman's Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Dec. 4, 2004) at 2 ("Fidela—do not make it easy for police, even if she knew things. Their [Janie Adrian's and Fidela Hernandez's] joke: 'I'm not going to make it easier' for cops. Let them do their job.");

see also Sita Sovin & Lauren Eskenazi's Notes on Interview with Beatriz Castro, Friend of Fidela Hernandez, in Corpus Christi, Texas (Oct. 23, 2004) at 5 (recounting conversation in which Fidela Hernandez said that while she believed CH [Carlos Hernandez] killed Dahlia Salceda [sic], she would never tell anyone even if she did know for sure.)

68.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:55:05–07:55:30 ("Q. And did you go to the police? A. No, no, we didn't want, we weren't—I mean I'm the type of person that you hear something, that you just shut up and that's it. You don't know nothing, you didn't hear nothing. Cause we were afraid that we knew more than what we were supposed to have known. Q. Who were you afraid of? A. Carlos.");

see Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:47:02–07:47:41 ("Q. What did [Carlos Hernandez] say about Wanda Lopez? A. That he had stabbed her. But I wasn't really sure. I didn't want to say nothing. I was afraid if I knew something he would come, if he knew that we knew more than what we were supposed to have heard.");

see also Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:29:22–07:29:35 ("[Carlos Hernandez] would really really remember stuff that people would do to him and he would go back.");

James S. Liebman's Notes on Interview with Janie Adrian, Neighbor of Carlos Hernandez (Dec. 4, 2004) at 2 ("CH [Carlos Hernandez] would talk a lot of shit. Fighting person, always carried a knife. JA was afraid for Margie [her daughter when her daughter was dating Carlos].").

69.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:29:22–07:29:35 ("[Carlos Hernandez] would really really remember stuff that people would do to him and he would go back.").

70.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 08:03:42–08:04:37 ("Ms. Adrian, you just told me . . . some things you haven't told anybody else outside your family? Do you feel good about that? A. Yes, in a way I do, in a way, maybe if I would have [said something] . . . maybe [it] could have been my daughters [who Carlos came after].");

see Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:59:16–08:03:42:

A. If this thing . . . if this . . . if they would have waited a little bit longer [before convicting Carlos DeLuna] or tried to look for people that really lived there, this thing wouldn't have gone this far. But they didn't never try to look for. This is the first time we have ever heard about this [investigation].

Q. Anybody ever come out and say—

A. Nobody did ever come out looking for us, asking nothing or nothing. We didn't know. For us this claim, this case was just over and done with and that was it. . . .

Q. But the police, did they ask? A. Nope, they never did. This is the first time I ever, well until your guys came around this time, that I heard about [an investigation]. But nobody did come out and tell us or ask us anything or let us know nothing.

71.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 08:00:48–08:03:42 ("This is the first time I ever, well until your guys came around this the time, that I heard about it. But nobody did come out and tell us or ask us anything or let us know nothing. It's like they just did this case, throw it in the trash can and that was it.").

72.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:54:30–07:56:10;

see also Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 08:03:58–08:05:18 ("But I mean I should have said something at first. Maybe then, it shouldn't have gone this far. . . . Well I mean if we would have said something about Carlos Hernandez maybe at the time that we knew what was going on, they would probably be able to stop him. Because he was, like I said before, very very abusive. Q. And do you think it would have changed things for the 'tocayo?' A. Yes, Yes. . . .");

Steve Mills & Maurice Possley, 'Did One Man Die For Another Man's Crime? The Secret That Wasn't', Last of Three Parts, Chi. Trib., June 27, 2006, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory ("'I kept it to myself,' she [Janie Adrian] said in her Corpus Christi home. 'Maybe I could have said something then.'").

73.

Transcribed Videotape Interview with Janie Adrian, Neighbor of Carlos Hernandez, in Corpus Christi, Texas (Dec. 5, 2004) at 07:57:42–07:58:04 ("Q. Who do you think is responsible for Wanda's death? A. Carlos Hernandez. If it hadn't come out of his mouth, but when he used to get drunk he used to say a lot of things he not supposed to have said. And that time that he was out there that he said that Wanda, that there was a stabbing and her name was Wanda Lopez. It came into my head that how could this be, I mean he shouldn't be saying nothing like that.").

74.

See supra note 73.

75.

Sita Sovin & Lauren Eskenazi's Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna, in Corpus Christi, Texas (Sep. 14, 2004) at 4 ("Linda met Beto's daughter, Priscilla [sic], when Priscilla [sic] was 12 years old. Beto claimed that he did not know Priscilla [sic] was his until she came to their door step when she was 12 years old.").

76.

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:25:32–06:26:44:

Well, for one, I really didn't know my father. I met him when I was fourteen. He came into my life. My grandmother thought that would be a good idea. I got pregnant right after leaving my grandmother's. I went to my mother's, and I destroyed my mother's life by getting pregnant. And I had my daughter. And I wanted to know my father so badly, so I went over to his house. Well, apparently they promised me the world. They said they would take care of me and the baby. Well, I met some guy by the name of Ray Salazar. That's my daughter's father. And when they found that out, they told me that they would help me and take care of her and put me through school and everything.

77.

Sita Sovin & Lauren Eskenazi's Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna, in Corpus Christi, Texas (Sep. 14, 2004) at 5 ("When Priscilla [sic] came to Linda and Beto's house, she had sex with her half brother Paul. Priscilla [sic] became pregnant by Paul and had the baby. After Linda found out about Priscilla [sic] and Paul she kicked both of them out of the house. Paul lived with his mother and Priscilla [sic] lived with her mother."; noting that Pricilla had the child when she was fifteen, and that Paul and Pricilla were around the same age);

Sita Sovin & Lauren Eskenazi's Notes on Interview with Rita Hull, Friend of the Hernandez Family, in Corpus Christi, Texas (Sept. 14, 2004) at 8 ("Beto . . . had a son (Paul) the same age as Priscilla [sic] and the son and Priscilla [sic] [had] sexual relations which resulted in the baby girl . . . .").

Pricilla has always denied that her half-brother is the father of her oldest child, and says she was already pregnant by a man named Ray Salazar when she moved into Beto and Linda's home. Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:25:32 (stating that Ray Salazar was the father, as opposed to Beto's son Paul).

After Beto and Linda kicked her out, Pricilla moved back in with her mother Paula. Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:25:32–06:26:44 ("Well, they kicked me out of the house, and apparently they took over my baby, saying that they were going to report me as an unfit mother, at fourteen.");

Sita Sovin & Lauren Eskenazi's Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna, in Corpus Christi, Texas (Sep. 14, 2004) at 5 ("[After Linda and Beto kicked her out] Priscilla [sic] lived with her mother.").

78.

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:25:32–06:26:44 ("Well, they kicked me out of the house, and apparently they took over my baby, saying that they were going to report me as an unfit mother, at fourteen. Well, I didn't know any better. I believed them. So ever since then they've had my oldest daughter.");

James S. Liebman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Dec. 3, 2004) at 2 (stating that Beto and Linda got Pricilla to sign papers giving them the rights to her daughter).

79.

Peso Chavez's Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna, in Corpus Christi, Texas (Feb. 22–26, 2004) at 4 ("Ms. Ayala said the Pricilla would have more information about Carlos Hernandez. She did not have her telephone number or her new address. She just moved out of the housing authority (Ayers) and moved to house by the Trade Center near SPID.");

Sita Sovin & Lauren Eskenazi's Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna, in Corpus Christi, Texas (Sep. 14, 2004) at 5–8 ("Priscilla [sic] does not talk to her family. . . Linda does not speak with Priscilla. [Pricilla's daughter who Linda raised] ignores Priscilla when they run into each other on the bus."; "Last Sunday, Linda saw Priscilla [sic] at the flea market. Priscilla had a huge burn on her hand. It looked like a 3rd degree burn. Linda said she could see her bone. Priscilla did not seek medical attention for her injury.");

Transcribed Videotape Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:27:48–06:28:40 ("Q. So, when [you] went over to meet them [Beto Vela and Linda Perales Vela], and they took in your daughter . . .. A. Right. Q. And at that point, what did you call her [Linda]? What was she to you? A. I thought she was very nice. I mean, I called her my step-mother. Q. How long did you live there with them? A. Not very long. Once they took the baby, they threw me out.");

Bruce Whitman's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Aug. 9, 2004) at 2 ("[Pricilla Jaramillo] said she is close to her step-mother Linda Perales and in fact one of her daughters is presently living with [Linda].");

Sita Sovin & Lauren Eskenazi's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez, in Corpus Christi, Texas (Oct. 29, 2004) at 2 ("Priscilla [sic] saw Linda Perales the other day.").

80.

Sita Sovin & Lauren Eskenazi's Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna, in Corpus Christi, Texas (Sep. 14, 2004) at 5–7 ("Priscilla told Linda that there was 'sexual stuff with the family.' Linda states that 'she [Pricilla] was doing that stuff with someone in the family.' There was a, 'family incest thing.' . . . Priscilla [sic] may have been sexually abused. Her grandmother was with people—in and out of the house. Family—they were sick. They would be with each other. Then she [Pricilla] ended up doing it. . . . Linda did not know Carlos Hernandez. She later learned that Carlos that he . . . raped Priscilla [sic].").

81.

Susan Montez's Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna, in Corpus Christi, Texas (July 20, 2004) at 2–3 ("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. . . . She remembered Carlos getting into trouble and going to juvie [home], and some kind of boot camp. He was not a fighting person. Linda remembered that at some point Carlos left or was kicked out of the house.").

82.

Sita Sovin & Lauren Eskenazi's Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna, in Corpus Christi, Texas (Sep. 14, 2004) at 1–2:

Linda volunteered that Carlos DeLuna claimed he saw her and her sister (Mary Ann) at the skating rink on the night of the crime. . . . Carlos DeLuna told the police that he was at the skating rink with Linda Perales and her sister Mary Ann. Mary Ann testified at DeLuna's trial and stated that she was not at the roller rink. Linda never testified at trial. . . . Linda did not know about the trial against Carlos DeLuna until after her sister testified. Her sister told about the trial after she testified.

83.

Peso Chavez's Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna, in Corpus Christi, Texas (Feb. 22–26, 2004) at 3 ("[I]n 1980 I got married and I never really saw Manuel or Carlos after that. Then in 1983 I had my 3rd child so I probably I would not have been hanging out with them.").

84.

Sita Sovin & Lauren Eskenazi's Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna, in Corpus Christi, Texas (Sep. 14, 2004) at 3 ("Linda married Manuel in 1998 . . . . They were married for about one year.").

85.

See infra note 98 and accompanying text.

86.

Peso Chavez's Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna, in Corpus Christi, Texas (Feb. 22–26, 2004) at 4:

Approximately 5 year's [sic] ago Ms. Ayala [Linda] was married to Manuel DeLuna for a brief period. Manuel told her that his brother was innocent and that Carlos Hernandez was the perpetrator. Carlos Hernandez is related to Pricilla Hernandez (her uncle) Ms. Ayala's ex-husbands [sic] daughter. Pricilla told Ms. Ayala that her uncle Carlos was a drug addict and that he may have been with Carlos DeLuna the night the lady was killed and he may have been the one that killed her.

James S. Liebman's Notes on Interview by Bruce Whitman with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna (Aug. 11, 2004) ("She [Linda] confirmed that C[arlos]. Hernandez had told Priscilla [sic] about a killing . . . [he committed that] was part of a robbery.");

Sita Sovin & Lauren Eskenazi's Notes on Interview with Linda Perales Ayala, Step-Mother of Pricilla Hernandez Jaramillo and Ex-Wife of Manuel DeLuna, in Corpus Christi, Texas (Sep. 14, 2004) at 2 ("When Linda was married to Manuel, he told her that Carlos DeLuna was innocent. . . . Priscilla [sic] told Linda that Carlos Hernandez committed murders long after they happened. At first, she thought Priscilla [sic] told her two years ago then she thought it may have been when she was married to Manuel.").

87.

Bruce Whitman's Notes on Interview with Lina Zapata, Friend of Carlos Hernandez (Nov. 20, 2004) at 1–2:

Lina was 10 years old when her family moved to Carrizo St. Lina's mother, Lilia became friends with Fidela Hernandez and her family which included Carlos, Javier, Efrain and Carlos's wife [at the time] Rosa. Carlos had recently been released from prison and told people in the neighborhood he was in prison for murder. Juan Zapata, Lina's father cautioned his children to stay away from Carlos because of his prison record and it was known Carlos carried a knife. Juan became friends with Carlos. They drank, took drugs and visited. Lina described Carlos Hernandez with a Spanish term, "Pachuco" which Lina translates into English as, "gangster type from the old school, carried knifes, had to show everyone they were macho."

88.

Bruce Whitman's Notes on Interview with Lina Zapata, Friend of Carlos Hernandez (Nov. 20, 2004) at 2–3:

Carlos Hernandez and his family left Carrizo and moved to Hancock St. Lina and her friend also moved to Hancock St. in the early 90's. Lina soon discovered she was living in the same apartment complex as Carlos and Cindy. Lina became reacquainted with Carlos and Cindy. Lina, who was drinking at the time, and Carlos, who always drank, started drinking together and visiting. Carlos drank liquor and Lina drank beer. Lina remembers a time while Carlos and she were in the living room drinking and Cindy was in the kitchen working Carlos made the statement that he had killed before. Lina said, "no shit you killed someone?" Carlos said, "yeah." That was all that was said but Lina felt Carlos was telling the truth. Even though Carlos treated Lina and her sister with respect she knew he was a violent man. . . . I [investigator Bruce Whitman] ran through names of people other than family . . . and the only name she remembered was the name Wanda being used by Carlos but she wasn't sure in what context.

89.

See supra note 88.

90.

See supra note 88.

91.

Bruce Whitman's Notes on Interview with Mary Jackson, Mother of Cindy Maxwell (Aug. 9, 2004) at 1 [("Cm [Cindy Maxwell] met ch [Carlos Hernandez] while working at the cc [Corpus Christi] public libruary [sic] in the early 80's. mr Jackson suspected cindy had a boyfriend and kidded her about it. Cindy denied it and mr. Jackson kidd[ing]ly said someday he would catch her with her b/f [boyfriend] which he eventually did one day when he stopped by cm's apartment and ch was there.");

Susan Montez's Notes on Interview with Cindy Maxwell, Girlfriend of Carlos Hernandez (July 22 and 26, 2004) at 2–3 ("Cindy met Carlos Hernandez in 1979. She was working at a library. Carlos came into the library. He had recently gotten out of jail. They hit it off right away and began living together soon after they met.");

DeLuna—New Document Analysis—Players Data Base 6–05, at Row 176 (entry for Mary Lou Jackson) (Aug. 9, 2005) ("Mother of CH's [Carlos Hernandez's] long-time live in girlfriend, Cindy Maxwell. Cindy is [mentally] retarded and Ms. Jackson has guardianship. . . . [D]idn't want Cindy to be videotaped. Cldn't stand CH who drank and took adv[antage] of CM [Cindy Maxwell].").

92.

See Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) 03:23:35–3:26:02, 03:26:31, 03:26:57–3:27:33:

Q. How would he [Carlos Hernandez] take advantage of her [Cindy Maxwell].

A. Take her money away, and make her bring girls to the house so he can be with them. If not, he'd threaten to leave her, and things like that. . . . Cindy was stupid. So I used to be her friend because I used to give her advice because Carlos was always taking advantage of her, taking her checks, and making her bring girls to the house, giving her threats. She'd take anything, as long as he didn't leave her. . . .

Q. Did Cindy Maxell talk to you about those events?

A. I would see everything. And I would get mad at her.

Q. OK. What did you see Carlos Hernandez do?

A. Hitting her, taking her check. He was real mean to her. . . .

Q. What kind of advice did you give her?

A. To leave him! That's why I took her to my house.

Bruce Whitman's Notes on Interview with Mary Jackson, Mother of Cindy Maxwell (Aug. 9, 2004) at 1–2:

The Jackson's soon discovered ch [Carlos Hernandez] was an alcoholic and not responsible. "[A]ll he did was drink from morning to night. He never worked and Cindy bought him his beer." The Jackson's had words with ch on many occasions. They told him to get out and work to pay his share of the expenses. As far as the Jackson knew ch worked for 1 mo while he was with Cindy. The Jackson's became increasingly worried about Cindy and her relationship with ch and encouraged her to leave ch. Cindy told them, "someone has to take care of him (ch)"

Ch hung around the house in the daytime and drank either at home or a tavern that was in walking distance. Ms Jackson stopped by to see Cindy one morning and was shocked at the condition of Cindy's apt "it was a mess, smelled like stale beer and full of smoke, ch was there with his brother Javier. I kicked them both out and told them to never come back". Ms. Jackson and her son John (Tiger) [a large man who had played pro football for a time] told ch if he ever harmed Cindy they would kill him. As far as the Jacksons know that is the only reason Cindy was never harmed by ch as they knew he fought with his brother Javier and were told of the stabbing ch had done to a woman (Dina [Ybañez]).

See infra Chapter 17, Figure 41 (photograph of Carlos Hernandez and Cindy Maxwell).

93.

Susan Montez's Notes on Interview with Cindy Maxwell, Girlfriend of Carlos Hernandez (July 22 and 26, 2004) at 2–3:

Cindy met Carlos Hernandez in 1979. She was working at a library. Carlos came into the library. He had recently gotten out of jail. They hit it off right away and began living together soon after they met. They only split up once during the time they were together. That was when Carlos got romantically involved with another girl. . . . Cindy loved Carlos very much, even though he had a terrible drinking problem and a mean temper when he drank. [The interviewer] asked if he had ever physically hurt her, and she replied yes, once. It was during that time they were living at Dina's. Cindy just could not take that and that was also why she left. . . . His drinking was the real problem. [The interviewer] asked her if she had tried to help him. She laughed and said, "I bought him beer."

Bruce Whitman Notes on Interview with Cindy Maxwell, Girlfriend of Carlos Hernandez (Aug. 8, 2004) at 1 ("Ch [Carlos Hernandez] was a drinker. He drank on a daily basis at least a 12 pack [of beer].");

See O.N. Fulton, Corpus Christi Police Officer, Corpus Christi Police Department Offense Report (Jan. 11, 1996) at 2 ("[Cindy] Maxwell said he [Carlos Hernandez] had threatened to cut her in the past. Winfield [a neighbor] said yesterday 1–10–96 Hernandez "accidentally" cut her [Maxwell's] adult son.");

James S. Liebman's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez (July 13, 2004) at 4 ("Ms. Ybanez described Cindy as mentally slow but who dearly loved Mr. Hernandez. She stated, 'Carlos would always threaten her and when she worked she handed him the paycheck. Plus, Cindy would bring girls home so that he could have sex in front of her.'");

Bruce Whitman's Notes on Interview with Lina Zapata, Neighbor of the Hernandez Family (Nov. 20, 2004) at 1–2:

Carlos [Hernandez] had a 'black' girlfriend who lived with him. Her name was Cindy. Carlos and Cindy were always outside there [sic] house yelling at each other and fighting. One time Cindy was trying to leave Carlos and Carlos either shoved or pushed Cindy and she fell back. He may have hit her . . . The last times Lila saw Carlos was when she was at a carnival in town and Carlos was working at one of the rides and another time she was visiting her sister Lina at her Hancock address and stopped to see Carlos [where he lived nearby with Cindy]. Carlos had been sick from drinking and was passed out drunk and unconscious on the bathroom floor.

94.

Bruce Whitman's Notes on Interview with Mary Jackson, Mother of Cindy Maxwell (Aug. 9, 2004) at 2 ("About this time granddaughter Latanya walked through the front door carrying lunch for the Jacksons. Ms. Jackson asked Latanya 'has Cindy ever said anything to you about [Hernandez] killing anyone?' Lantanya [sic] said she thought Cindy mentioned something about [Hernandez] robbing and killing someone before they started living together. Ms. Jackson questioned her more but that was all she could remember.").

95.

Peso Chavez's Notes on Interview with Michelle Garza, Friend of Carlos Hernandez (Aug. 28, 2004) at 1 ("During this period Carlos was in and out of prison [sic—probably jail]. She stated, 'I don't recall why he was in prison but I do recall one day he told me and Cindy that he had killed a lady in a van. I had always thought he was just making it up until Cindy told me he had stabbed some other lady.'").

96.

Susan Montez's Notes on Interview with Cindy Maxwell, Girlfriend of Carlos Hernandez (July 22 and 26, 2004) at 2–5:

Cindy loved Carlos very much, even though he had a terrible drinking problem and a mean temper when he drank. . . . Cindy's whole family loved Carlos. Carlos told Cindy, "Your mother is my mother." When he was dying, Cindy only got to see him once because it was so far away and hard to get to [Barry Telford Unit of New Boston, Texas—Bowie County]. Before that, she visited him every weekend when he was at the Nueces County Jail. . . . Carlos was a very good cook. People liked to eat his cooking. He would not cook when he was drunk, but he would barbecue. They had lots of barbecues. . . . Carlos went out to buy a CD, and somehow got in a fight with someone. He did not want to meet with his parole officer. That woman really had it in for Carlos. She wanted him to be locked up. . . . Carlos never told Cindy about hurting anyone, whether he was drunk or sober. He drank too much and he got mean when he drank, but he was still a good person. He would not hurt someone. Cindy said she knew him better than anyone. . . .

See also Peso Chavez's Notes on Interview with Dina Ybañez, Neighbor of Carlos Hernandez, (June 14–15, 2004) at 2:

Carlos Hernandez would be in the living room [of the house he shared with Cindy Maxwell] and he would make fun about how he killed the girl at the gas station and the one in the van. He would brag about how [Jesse] Graza and Carlos DeLuna—he would call Carlos his tocallo— were blamed for it and he was the one that had killed them. Hurting people was real funny to him and he always had a habit of saying "I put the knife on her life"—meaning he had stabbed her. And he would always brag about the "X" he carved into Dahlia's back. He bragged about how he raped and killed her and how the baby was in the van and he thought about killing the baby as well. Cindy [Maxwell], his girlfriend knew about this but she would never say anything about it—she loved him too much.

97.

See supra note 96.

98.

Bruce Whitman's Notes on Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 11, 2004) at 1–2:

Mdl [Manuel DeLuna] was doing time in prison at the "Old Clemens Unit" doc, tx [Department of Corrections, Texas]: "Between 1987 to 1989 or 90 I ran into a young kid from cc, tx [Corpus Christi, Texas] his name was Carlos [sic, Miguel] Ortiz. I was walking down the hallway at the Old Clemens Unit and ran into him in the classification he was just coming in from the chain and he asked me if my name was mdl? I said yes and he asked to meet me at the rec. yard. I met Carlos [sic] Ortiz in the rec. yard and he started talking to me about Carlos Hernandez. He said he met ch [Carlos Hernandez] at a park in cc [Corpus Christi] next to Rojo and Painter street. (note this park is surrounded by low income housing and approximately 2 miles from ch's Hancock address ). Ortiz said that night at the park he and some other guys were drinking beer and ch started bragging about all his killings and he mentioned the killing that Carlos De Luna was doing time in the pen for a capital murder and th[at] he [DeLuna] took his (ch's) rap. . . . We ended up becoming friends I really don't know what happen[ed] to the guy. We talked more at other times about my brothers['] case and [Ortiz] said that when ch was bragging in the park that he actually did kill this Wanda Lopez and that my brother took the rap for this. Carlos Ortiz did go on to say that ch bragged about several killings under his belt, not one but several."

James S. Liebman's Notes on Bruce Whitman's Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 11, 2004) at 1 ("He was incarcerated in old Clemens unit near Houston between '87 and '91. He was [in] rec [yard] and Carlos [sic] Ortiz comes up: 'You're from Corpus Christi? CDL's [Carlos DeLuna's] brother?' [Ortiz] also from Corpus Christi. He was at park in Corpus Christi (park near what used to be military housing), and C. Hernandez told him about killing 3 women. Others heard it. C. Hernandez referred to killing in van, at gas station, other (woman under bridge). [Ortiz] was very direct about how C. Hernandez bragged about how Manuel's brother, CDL, took the fall.");

James S. Liebman's Notes on Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 17, 2004) at 1:

Tells me about (Carlos?) Ortiz relating incident in Armada Park in CC. Guy came up . . . . He (Ortiz, Carlos?) was coming through the classification line. I knew everyone I was in the educational unit. I asked his name. Had a high school diploma. 120-something IQ — high compared to others. I saw his file. He joined the plumbing trade to be with me. Short time in with me. . . . Once in a while after he went to trustee camp, he came back to plumbing classes, then he disappeared. . . . I think it was Carlos Ortiz but don't remember first name. Taller than me, 5'9" or 6'. Big old head . . . Convicted out of Corpus. His TDCJ number should be higher than mine—higher than 492323, maybe beginning with 5 or 6. 160 to 170 pounds. 22/23 years old; born '64–67. At the time, Carlos DeLuna had already been convicted; he was already in the system. (Carlos) Ortiz came up and said CH [Carlos Hernandez] did it; bragged; other guys there; bragging; I killed this chick, this chick, this chick. Ortiz thinks he's a woman killer. CH [Carlos Hernandez] says, "That CDL [Carlos DeLuna] took my rap; he hasn't said anything; he took my rap. Everyone knows that your brother was not guilty."

99.

See supra note 98.

100.

See supra note 98; see also Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 14:17:03–14:18:38:

Q. You mention that you had these conversations with [Detective] Paul Rivera about your brother-in-law, Carlos Hernandez. Tell me about that.

A. Paul Rivera . . . In fact, one day he told me himself, "You know what, man? Your brother-in-law sure is one crazy motherfucker." He says, "He even scares me that he's going to do something to my family." He told me, words just like that.

Q. Paul Rivera's a big guy.

A. Big guy. . . .

Q. Tell me about any other things that they suspected Carlos Hernandez of.

A. . . . . [H]e [Detective Paul Rivera] did mention something about, that they suspected him [Hernandez] of other killings of women, one under the Harbor Bridge, I believe, and one on Leopard . . . .

Q. Do you know about when it was that that conversation took place?

A. Oh, God, I can't. I know it was in the eighties, mid-eighties maybe.

Peso Chavez & James S. Liebman's Notes on Interviews with Jon Kelly, Lawyer for Carlos Hernandez (Aug. 16, 18, 20, 2004) at 3, 6:

I'm sure he [Hernandez] was involved in other killings I hear[d] that . . . . [Detective] Paul Rivera told me Carlos Hernandez committed other crimes. Paul resented that I got him [Hernandez] off [after Hernandez was charged with the Dahlia Sauceda killing in 1986]. Carlos had a reputation, and that reputation was probably well deserved. There was a litany of crimes (murders) that CH [Carlos Hernandez was said to have] committed. Not sure he committed all of them. . . . They [police] had a litany of sins they thought Hernandez had committed.

Peso Chavez's Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 2 ("When he [Schilling] was questioned by Paul Rivera of the Corpus Christi PD [about Carlos Hernandez's possible role in killing Dahlia Sauceda], Mr. Rivera told him, 'This guy (referring to Carlos Hernandez) scares me. I know he killed this girl. He's also a suspect in killing other girls—the Harbor Bridge Killing.'");

see also Bruce Whitman & James S. Liebman's Notes on Interview with Eddie Garza (Aug. 25, 2004) at 2 (discussing unsolved Corpus Christi murder in the 1980s involving "someone found under Harbor Bridge");

James S. Liebman's Notes on Interview with Paul Rivera, Corpus Christi Police Sergeant (July 14, 2004) at 5 (discussing unsolved murder of victim "found under Harbor Bridge").

101.

Bruce Whitman's Notes on Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 11, 2004) at 1 (quoting Manuel DeLuna saying that Ortiz "did tell me that ch [Carlos Hernandez] was a very bad, and I mean bad, person and he actually liked to hurt women and kill them");

James S. Liebman's Notes on Bruce Whitman's Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 11, 2004) at 1 ("Ortiz came up and said CH [Carlos Hernandez] did it; bragged; other guys there; bragging; I killed this chick, this chick, this chick. Ortiz thinks he's a woman killer. CH says, 'That CDL [Carlos DeLuna] took my rap; he hasn't said anything; he took my rap. Everyone knows that your brother was not guilty.'").

102.

James S. Liebman's Notes on Bruce Whitman's Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 11, 2004) at 1 ("Ortiz said that night at the park he and some other guys were drinking beer and ch [Carlos Hernandez] started bragging about all his killings and he mentioned the killing that Carlos De Luna was doing time in the pen for a capital murder and the he took his (ch's) rap.");

James S. Liebman's Notes on Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 17, 2004) at 1 ("Ortiz came up and said CH [Carlos Hernandez] did it; bragged; other guys there; bragging; . . . 'That CDL [Carlos DeLuna] took my rap; he hasn't said anything; he took my rap. Everyone knows that your brother was not guilty.'").

103.

James S. Liebman's Notes on Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 17, 2004) at 1 ("Ortiz came up and said CH [Carlos Hernandez] did it; bragged; other guys there; bragging; . . . 'That CDL [Carlos DeLuna] took my rap; he hasn't said anything; he took my rap. Everyone knows that your brother was not guilty.'").

104.

See Ben Blake & Annie Slemrod, Information Regarding Matches for Carlos Ortiz (Aug. 15, 2004); PublicData.com Results for Carlos Ortiz (undated); Finding Carlos Ortiz (undated internal memo); Memorandum on Miguel A. Ortiz (Sept. 21, 2004) (all documents on file with author).

105.

James S. Liebman's Notes on Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 17, 2004) at 1:

Tells me about . . . Ortiz relating incident in Armada Park in CC. Guy came up . . . . [Ortiz] was coming through the classification line. I knew everyone I was in the educational unit. I asked his name. Had a high school diploma. 120-something IQ — high compared to others. I saw his file. He joined the plumbing trade to be with me. Short time in with me. . . . Once in a while after he went to trustee camp, he came back to plumbing classes, then he disappeared. . . . I think it was Carlos [sic] Ortiz but don't remember first name. Taller than me, 5'9" or 6'. Big old head; water melon head. Convicted out of Corpus. His TDCJ number should be higher than mine—higher than 492323, maybe beginning with 5 or 6. 160 to 170 pounds. 22/23 years old; born '64–67.

106.

See Criminal Case Report for Michael Ortiz, Nueces County District Clerk (describing records search conducted on Feb. 25, 2005) at 1–3 ("Name: Ortiz, Michael, Date of Birth: 02/21/1967 . . . . Offense Desc.: Theft 3rd . . . . Arrest Date: 03/18/1988, Sentencing Time: 20 Years. . . Sentence Date: 03/22/1988; Offense Desc.: Theft 3rd Degre[e]. . .. Arrest Date: 11/05/1987 . . . . Sentencing Time: 20 Years . . . . Sentence Date: 03/22/1988.");

Report of Vocational Training Completion for Michael Ortiz, Texas Dep't of Corrections (Aug. 5, 1991) ("Date Completed Training: 6/28/91 Course Title/Trade Area: Plumbing").

107.

Steve Mills & Maurice Possley, 'Did One Man Die For Another Man's Crime? The Secret That Wasn't', Chi. Trib., June 27, 2006, http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory:

In addition to the four women who recounted Hernandez's admissions, the Tribune interviewed a Corpus Christi man who told a similar story. Miguel Ortiz, who has a criminal record, said the two were drinking in a park when Hernandez talked about a clerk he had "wasted" at a gas station.

"I just let that go," Ortiz said.

108.

Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:24:20–18:26:48:

Q. What did you hear about Carlos Hernandez after that [i.e., after representing Jesse Garza in 1980], outside the context of this case? What do you know about Carlos Hernandez as a person?

A. As a person? He was a bully, he beat up people. . . . And then I started hearing rumors that he was responsible for a capital murder case that occurred in Corpus Christi. I don't remember the year, but it was years after Jesse Garza. There was another young man, whose last name was Luna [sic], was actually convicted and has been since executed.

Q. Tell me what you've heard. . . .

A. Well, unfortunately, I heard that Carlos Hernandez had done it, and police were going through the city. (chokes up) Excuse me. Capital murder, there's no appeal. I'd heard that, through police sources and through people at the courthouse, people in the know, that Carlos Hernandez was suspected of doing it. Not this fellow Luna [sic]. But again [as police had done previously when they stuck with charges against Peña's client Jesse Garza even after Peña developed evidence again Hernandez] they took the attitude of putting the blinders on. I believe I had spoken to one of the attorneys that was representing him [DeLuna]. I'm not sure if it was Hector de Peña Junior, who later became judge, or not. But they had reason to believe that that may have happened, that they got the wrong guy, that Carlos may have actually done it, but weren't able to firm it up as well as we were lucky to do so [when he secured an acquittal for Jesse Garza].

Q. You just got a little choked up. Explain to me why.

A. Well, quite frankly. I don't believe in the death penalty. I would go crazy if I lost somebody to the death penalty. I did lose one guy to the death penalty, but that case was reversed. It was tried again, he was convicted of murder, got a life sentence, and then that was reversed a second time. And then he pled out, got 35 years. And I knew the guy was guilty. This was a robbery at 12 noon with a hundred people in the restaurant. But I don't believe in capital punishment. My belief is that too many innocent people are executed.

109.

See supra note 108.

110.

See supra note 108.

111.

See supra note 108.

112.

Transcribed Videotape Interview with Albert Peña, Lawyer for Jesse Garza in Dahlia Sauceda Case, in Corpus Christi, Texas (Feb. 25, 2005) at 18:24:28–18:29:00:

And then I started hearing rumors that he [Carlos Hernandez] was responsible for a capital murder case that occurred in Corpus Christi. I don't remember the year, but it was years after Jesse Garza. There was another young man, whose last name was Luna [sic], was actually convicted and has been since executed. . . . Well, unfortunately, I heard that Carlos Hernandez had done it, and police were going through the city. . . . But knowing Carlos Hernandez the way I learned, and what I learned about him during and after the trial. I'm just sad that they weren't able to develop facts to show that.