HRLR
Los Tocayos Carlos
Chapter 9
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All Chapter 9 Footnotes

After the Dahlia episode, Hernandez grew bolder. He let the cops know he didn't fear them.

One time, Garza's partner Paul Rivera was working security at the annual Buccaneer Days Festival along the waterfront21 when Hernandez, drinking as usual, made an obscene gesture at the cop.22 A large man with a commanding air, Rivera understood the gesture as a reprisal for the officer's arrest and interrogation of Hernandez in the Dahlia matter, prompting Carlos's desperate call to Fidela for help.23 This time, however, having escaped the Dahlia affair unscathed,24 Carlos responded to Rivera's threat to arrest him for public intoxication by challenging the cop to a fist fight.25

Paul Rivera had a strong opinion of Hernandez, which he had no problem expressing years later. A "no good son of a bitch," he called him. "[C]razy," "a mean motherfucker."26 But on that occasion in front of the Buccaneer Days crowd, facing Hernandez "with that hate look" in his eyes, the tough cop decided to let it go. He didn't arrest Carlos.27

* * * * *

Carlos Hernandez spent his entire adult life on parole from the serious crimes he committed as an eighteen year old.28 Throughout the time, he was arrested constantly—over two dozen times—for the sorts of crimes that parolees are told they cannot commit if they want to remain out of prison: public intoxication, disorderly conduct, making threats, assault with a deadly weapon, murder.29 Worse, he openly violated the cardinal rule of parole: no weapons.30 He was arrested at least thirteen times while carrying a knife.31

Yet despite these arrests, Carlos's parole was revoked only twice, both times in the 1990s.32

In 1981, he was arrested for threatening his girlfriend with a knife, then refusing to leave the premises.33 No charges were filed, and the parole board didn't even hold a hearing to consider ending his parole.34

On February 23, 1983, less than three weeks after the Sigmor Shamrock killing, the Bureau of Pardons and Paroles found that Hernandez had violated two parole conditions. He had lied about his whereabouts and failed to get permission to change residence. As usual, the penalty was a reprimand rather than the withdrawal of parole.35

In November 1983, Hernandez was arrested for assaulting his wife, Rosa Anzaldua, with an axe handle and spraying broken glass all over her sleeping children.36 This time, he was convicted of a misdemeanor—causing bodily injury—and sentenced to thirty days in jail. But again, his parole wasn't revoked. He was back on the street in a month.37 The judge who let him off easy was Hector De Peña, Sr., father and namesake of the lawyer who represented Carlos DeLuna at his July 1983 trial for killing Wanda Lopez. 38

In 1994, Carlos Hernandez was caught with twenty-four grams of heroin packaged for sale. Narcotics detectives had executed a search and arrest warrant at a room in a sleazy hotel on the waterfront.39 They found Hernandez's friend Mary Ellis with heroin and a large sum of money.40 As they were searching the room, Hernandez showed up in his car.41 Police arrested him as well and found several clear plastic bags of heroin and Valium pills in his car and clothes.42 The evidence of dealing couldn't have been stronger, but Hernandez was never charged. His parole was left in place.43

People wondered about Hernandez's good fortune.44

At times, it seemed like just that: dumb luck. No one knows exactly what Hernandez said to Assistant District Attorney Botary in 1980 to talk his way out of charges in the Dahlia Sauceda murder.45 But when attorney Jon Kelly relied on Botary's misplacement of the transcript of that conversation to spring Hernandez from the same murder charges in 1986, it looked like the luck of drawing a good defense lawyer.46 Who knows?

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

What was Carlos Hernandez like? He was argumentative and not cooperative. Rivera ID'd Hernandez when JSL [James S. Liebman] showed him a picture. He liked to smoke Marijuana. . . . Rivera: He got a real hate for me. He would look at me with that hate look. (In between 1979 and 1986,) I was working security a few years later at the beer garden at the annual Buccaneer's Festival and he made gestures at me and I actually said I had to arrest him for intoxication, but had to let it go and didn't arrest him. He tried to get physical, pick a fight. At the Buccaneer's Festival, he wanted to challenge me for a fight. It was after that I worked the (Sauceda) case [leading to Hernandez's 1986 arrest and eventually the dismissal of the case].

See supra note 21.

See supra Chapter 7, notes 23–36, and accompanying text.

See supra Chapter 7, notes 30–44 and accompanying text.

See supra note 21.

James S. Liebman's Notes on Interview with Paul Rivera, Corpus Christi Police Detective (July 14, 2004) at 3 ("That case [the Dahlia Sauceda murder and the dismissal of charges against Carlos Hernandez] bothered me. Carlos Hernandez was a no good son of a bitch. He was crazy.");

Bruce Whitman's & James S. Liebman's Notes on Interview with Paul Rivera (Aug. 25, 2004) at 2 ("Carlos Hernandez, he was a mean motherfucker!");

see Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 14:17:03–14:18.26:

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. . . . . [Detective Rivera] did mention something about, that they suspected him [Carlos Hernandez] of other killings of women, one under the Harbor Bridge, I believe, and one on Leopard [Street near downtown Corpus Christi] . . . .

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.

See supra note 21.

See Texas Dep't of Criminal Justice, Bd. of Pardons and Parole Division, Minutes from Feb. 26, 1975 to May 18, 2000, Carlos Hernandez (recording Carlos Hernandez's parole record from 1977 until his death in 1999).

See also supra Chapter 6, notes 144–172, 178–183 and accompanying text (discussing Carlos Hernandez's prior criminal record).

See Texas Dep't of Criminal Justice, Bd. of Pardons and Parole Division, Minutes from Feb. 26, 1975 to May 18, 2000, Carlos Hernandez (recording Carlos Hernandez's parole record from 1977 until his death in 1999);

see also supra Chapter 6, notes 178–183 and accompanying text (discussing Carlos Hernandez's criminal record); infra notes 34–43; infra Chapter 15, notes 181–183 and accompanying text; infra Chapter 17, notes 1–19, 12–16, 106–107 and accompanying text.

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

Fidela Hernandez, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 926 ("Q. Does Carlos carry a knife? A. . . . [Y]es.");

Freddy Schilling, Trial Test., Texas v. Jesse Garza, No. 79-CR–881-C (Nueces Cty., 94th Dist. Tex. Jan. 31, 1980) at 880 ("Q. Does [Carlos Hernandez] always carry a knife? A. I guess since I've known him . . . .");

see supra Chapter 6, notes 178–183 and accompanying text; supra Chapter 7, notes 22–23 and accompanying text; infra notes 34–43; infra Chapter 15, notes 181–183 and accompanying text; infra Chapter 17, notes 1–9, 12–16, 106–107 and accompanying text.

See the following arrest reports for Carlos Hernandez, all of which list at least one knife in the Property Record portion of the arrest sheet indicating property taken from the suspect at the time of the arrest: J. Granger, Corpus Christi Police Officer, CCPD Arrest Report (July 29, 1978) at 1 (arresting Carlos Hernandez for public intoxication and for violating a weapons ordinance by brandishing a knife at someone);

D. Hewparch, Corpus Christi Police Officer, CCPD Arrest Report (Aug. 19, 1978) at 1 (arresting Carlos Hernandez for assault);

D.G. Pulido, Corpus Christi Police Officer, CCPD Arrest Report (Jan. 10, 1980) at 1 (arresting Carlos Hernandez for outstanding warrants);

Paul Rivera, Corpus Christi Police Sergeant, CCPD Arrest Report (May 4, 1980) at 1;

R. Vasquez, Corpus Christi Police Sergeant, CCPD Arrest Report (May 9, 1985) at 1;

K. Starr, Corpus Christi Police Sergeant, CCPD Arrest Report (Oct. 26, 1981) at 1 (arresting Carlos Hernandez for threatening his girlfriend with a knife);

L. Serna, Corpus Christi Police Officer, CCPD Arrest Report (Apr. 3, 1983) at 1 (documenting Hernandez's possession of a knife when arrested on April 2, 1983 behind a 7-Eleven at night; discussed infra note 73 and accompanying text);

R.N. Garcia, Corpus Christi Police Sergeant, CCPD Arrest Report (Mar. 27, 1986) at 1;

D. Gonzalez, Corpus Christi Police Officer, CCPD Arrest Report (Jan. 21, 1987) at 1;

W. H. Yeager, Corpus Christi Police Officer, CCPD Arrest Report (May 5, 1987) at 1;

B. T. Uhler, Corpus Christi Police Officer, CCPD Arrest Report (July 16, 1987) at 1;

M. DeLeon, Corpus Christi Police Officer, CCPD Arrest Report (Apr. 15, 1989);

R.H. Veregara, Corpus Christi Police Officer, CCPD Arrest Report (May 25, 1996) at 1;

supra Chapter 7, notes 22–23 and accompanying text (discussing Carlos Hernandez's possession of a knife when brought in for questioning in connection with the killing of Dahlia Sauceda in 1979); see also supra Chapter 6, note 178–183 and accompanying text.

Texas Dep't of Criminal Justice, Clemency and Parole System, Minutes Browse Screen, Carlos Hernandez (Aug. 13, 2004) (reporting parole revocations only in March 1990 and September 1996).

See Arrest Report for Carlos Hernandez, Corpus Christi Police Dep’t (Oct. 26, 1981) ("Above Subj. [Carlos Hernandez] was involved in a disturbance at the above location [1124 Macy]. Subj. threatened his girlfriend w/ a knife + was arrested when he refused to leave the premises. Subj was booked with the above charges [Threats].").

See Texas Dep't of Criminal Justice, Bd. of Pardons and Parole Division, Minutes from Feb. 26, 1975 to May 18, 2000, Carlos Hernandez (reporting no revocation hearing from 1981 until November 1983).

See also Texas Department of Criminal Justice, Clemency and Parole System, Minutes Browse Screen, Name: Hernandez, Carlos (Aug. 13, 2004) at Feb. 26, 1975–May 18, 2000 (reporting no revocation hearing from 1980 until November 1983).

Texas Dep't of Criminal Justice, Bd. of Pardons and Parole Division, Minutes from Feb. 26, 1975 to May 18, 2000, Carlos Hernandez ("Feb. 23, 1983: Issue a letter of reprimand from executive director for violation of Rules.").

See Complaint, Texas v. Hernandez, No. 85806–2 (Nueces Cty. Ct. No. 2 Nov. 6, 1983) at 2:

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

Carlos Hernandez Online Criminal Record, SID: 01771823 (May 23, 2004) at 6–10 (indicating "subject has been found guilty of . . . causing bodily injury" and "the only monetary punishment is court costs" and a confinement of 30 days);

Texas Dep't of Criminal Justice, Bd. of Pardons and Parole, Notice of Alleged Violation of Release, Carlos Hernandez, List of Court Records (Dec. 6, 1983) (similar);

supra Chapter 6, notes 120–122 and accompanying text.

See Carlos Hernandez Online Criminal Record, SID: 01771823 (May 23, 2004) at 6–10 (indicating "subject has been found guilty of . . . causing bodily injury" and "the only monetary punishment is court costs" and a confinement of 30 days);

Carlos Hernandez List of Court Records—Notice of Alleged Violation of Release, Texas Dep't of Criminal Justice, Bd. of Pardons and Parole (Dec. 6, 1983) ("It is alleged that you have violated one or more of the rules of your release . . . .");

Arrest Warrant for Carlos Hernandez, Nueces Cty. (Feb. 8, 1984);

see Texas Dep't of Criminal Justice, Bd. of Pardons and Parole Division, Minutes from Feb. 26, 1975 to May 18, 2000, Carlos Hernandez.

Miscellaneous Criminal Records of Carlos Hernandez (1980–1996); at 69-87 (tracing charges against Hernandez for assaulting Rosa Anzaldua, proceedings in the case in front of Judge Hector De Peña, Sr., and Hernandez’s nolo contendere plea accepted by Judge De Peña).

J. Cervantes, CCPD Sergeant, Supplementary/Narrative Report (Mar. 15, 1994) at 1:

SYNOPSIS: On 03–15–94 at approximately 6:18 P.M., Corpus Christi Police Department Narcotics Squad executed a search and arrest warrant at 411 N. Shoreline, Room # 107. Suspect, Mary Ellis. . . was found in possession of a large sum of money and a quantity of heroin in her pants pockets. Also, an additional quantity of heroin was seized from atop the room's nightstand. During the searching of the room, suspect Carlos Hernandez, arrived in suspected vehicle #009 and was found to be in possession of a quantity of heroin. . . .

NARRATIVE: Suspects names: Mary Ellis/Carlos Hernandez.

DETAILS: . . . 5. At approximately 6:40 P.M., a vehicle pulled up and parked directly in front of the room's door. Sgt. J. Cervantes # 781 Peeked out the front window and observed only a Hispanic male (later identified as suspect, Carlos Hernandez) sitting on the drivers seat. Suspect, Carlos Hernandez, then motioned Sgt. J. Cervantes # 781, who was looking through about a once inch crack of the curtain to come over. . . . Sgt. J. Cervantes # 781 then asked Sgt. R. Luzania # 592 to conduct a pat down of suspect, Carlos Hernandez. During the pat down, Sgt. R. Luzania # 592 felt a plastic package containing a hard round object in suspect, Carlos Hernandez front left pants pocket. Sgt. R. Luzania believed this package to be the same type of package that is used to store illegal drugs. Sgt. R. Luzania # 592 removed the package and observed it to be an empty Marlboro cigarette package containing a round brown plastic tape wrapped package. Sgt. J. Cervantes # 781 then smelled the package and it had a strong odor of heroin. When Sgt. J. Cervantes # 781 peeled back the tape he observed a light brown powder substance in a clear plastic bag. Suspect, Carlos Hernandez, was then arrested for aggravated possession of a controlled substance.

Field Arrest Report for Carlos Hernandez, Nueces County Sheriff's Department, Filed Mar. 15, 1994 by Cervantes, J. #781 ("Above subject [Carlos Hernandez] arrested at scene of execution of search warrant. Subject had a quantity of controlled substance on his person. Subject currently on parole.");

Letter from James F. Waller, Jr., Supervisor, Texas Dep't of Public Safety, to Sgt. Jesse Cervantes, Corpus Christi Police Sergeant (July 12, 1994) ("Laboratory Case Number L3C–51193. Offense Date 03/15/94. Offense: Controlled Substance Offense. Suspect(s) Ellis, Maria, Hernandez, Carlos. Results of Analysis: Exhibit 1. Net Weight: 3.85 grams. Result: Contains Heroin. . . . Exhibit 2. Net Weight: 24.09 grams. Result: Heroin (5%) and Lactose (90%). Exhibit 3. Net Weight: 24.35 grams. Result: Heroin (4%) and Lactose (91%)").

See supra note 39; see also J. Cervantes, Nueces County Sheriff's Dep't, Field Arrest Report (Mar. 15, 1994) ("Above subject [Carlos Hernandez] arrested at scene of execution of search warrant. Subject had a quantity of controlled substance on his person. Subject currently on parole.");

J. Cervantes, Corpus Christi Police Sergeant, C.C.P.D. Supplementary/Narrative Report at 1 (Mar. 15, 1994) at 2 ("The money and evidence was photographed and then seized by Sgt. J. Cervantes #781. The money was then turned over to Lt. J. Mosley # 382 at the scene. Lt. J. Mosley # 382 and Sgt. J. Cervantes #781 counted the money seized and it totaled to $1,862.");

Letter from James F. Waller, Jr., Supervisor, Texas Dep't of Public Safety, to Sgt. Jesse Cervantes, Corpus Christi Police Sergeant (July 12, 1994) ("Laboratory Case Number L3C–51193. Offense Date 03/15/94. Offense: Controlled Substance Offense. Suspect(s) Ellis, Maria, Hernandez, Carlos. Results of Analysis: Exhibit 1. Net Weight: 3.85 grams. Result: Contains Heroin. . . . Exhibit 2. Net Weight: 24.09 grams. Result: Heroin (5%) and Lactose (90%). Exhibit 3. Net Weight: 24.35 grams. Result: Heroin (4%) and Lactose (91%)").

See supra note 39.

See supra note 39; see also J. Cervantes, Corpus Christi Police Sergeant, C.C.P.D. Supplementary/Narrative Report at 1 (Mar. 15, 1994) at 2 (The Evidence Exhibits detail 35 individual clear plastic bags of heroin and a number of pills identified as valium.).

See Texas Dep't of Criminal Justice, Bd. of Pardons and Parole Division, Minutes from Feb. 26, 1975 to May 18, 2000, Carlos Hernandez (recording Carlos Hernandez's parole record from 1977 until his death in 1999; reporting parole revocation only in 1990 and 1996; not even a pre-revocation warrant was issued in connection with the 1994 heroin arrest);

see also Texas Department of Criminal Justice, Clemency and Parole System, Minutes Browse Screen, Name: Hernandez, Carlos (Aug. 13, 2004) at Feb. 26, 1975–May 18, 2000 (Carlos Hernandez was paroled in May of 1991 and did not have another revocation hearing recorded until 1996; the 1994 drug arrest was never mentioned in Hernandez's parole records).

See Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 07:32:30 ("I never asked [Carlos Hernandez] if he narc'ed, but I would imagine he did. I don't know. I heard that rumor.");

Bruce Whitman & James S. Liebman's Notes on Interview with Eddie Garza, former CCPD detective (Aug. 25, 2004) at 1 ("Re: whether CH [Carlos Hernandez] was an informant: CH would sell out anyone just to get his ass out. Someone in narcotics was working him.").

See supra Chapter 7, notes 39–44 and accompanying text.

See supra Chapter 7, notes 199–203 and accompanying text.

Chapter 9
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