Los Tocayos Carlos
Chapter 9
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All Chapter 9 Footnotes

On the same day, April 4, 1983—a day and a half after his arrest, when mugshots usually are taken—officers put Hernandez in the three-way mirror at the police station and took his picture.86

Although Hernandez was dressed in his usual "wife-beater" undershirt, this is the only known photograph of him between 1979 and his death twenty years later in which he didn't have a mustache.87 For some reason, he had decided to change his appearance during the same period when he had suddenly decided to change his residence without telling his parole officer.88

Years later, a former Scotland Yard fingerprint expert examined the prints Infante had recovered at the Lopez crime scene. Most were too fragmentary for comparison. The few that could be compared, from the front door and phone receiver, matched neither Carlos Hernandez nor Carlos DeLuna.89

On April 6, police released Hernandez without comment after he paid $67 on the traffic fine.90 He'd proven to be untouchable again.

* * * * *

During Hernandez's four days in police custody in April 1983, he just might have run into Carlos DeLuna, who was being held on charges of murdering Wanda Lopez.91

This was not the first time the Corpus police had the two Carloses in custody at the same time. A review of local police records many years later revealed that at least twice before, on January 12–15, 1979 and May 23–24, 1980, the two were or may have been at the police station or a local lock-up at the same time.92

* * * * *

Although Carlos Hernandez was out of immediate police sight after April 6, 1983, he was not out of mind.

The District Attorney's file in the prosecution of Carlos DeLuna for the murder of Wanda Lopez, recovered twenty-one years later on a Public Records Act request, contains the rap sheets of Carlos DeLuna and seven other Corpus Christi men in their twenties with police records, all seven of whom were named Carlos Hernandez.93

The rap sheets indicate that Detective Escobedo provided them to the District Attorney's office on May 2, 1983, a few weeks after Garza told Escobedo that Carlos Hernandez was making admissions on the streets.94 It was two months before Carlos DeLuna dared say the words "Carlos Hernandez" to his lawyers.95

The "Hernandez" rap sheets show that they were reviewed on May 2, 1983 by someone with the initial "S," probably Assistant District Attorney Steven Schiwetz, who, along with Ken Botary, had been assigned to prosecute Carlos DeLuna.96

Among the seven Carlos Hernandezes that Escobedo and the prosecutors scrutinized, only one fell in the same 5'7"–5'9", 160–175 lb. range as the man Kevan Baker had seen at different times at the Sigmor station on the night Wanda Lopez was murdered.97

Only one of the seven had a record of convenience store armed robberies. Only one had a record of any robberies at all,98 and only one had been arrested with a knife on suspicion of an attempted robbery of a 7-Eleven within weeks of the Lopez killing.99

And only one had been arrested and interrogated on suspicion of murder: the killing of a young Hispanic woman in which the weapon was a knife.100

These were all the same man: Carlos Gonzalez Hernandez born in July 1954,101 who was listed at 5'7" and 175 lbs102 and resided most of his life at 217 S. Carrizo Street.103 The same Carlos Hernandez who Detectives Eddie Garza and Paul Rivera had known for years and arrested many times.104 The Carlos Hernandez who Albert Peña blamed for the murder of Dahlia Sauceda as he dismantled Olivia Escobedo's and Ken Botary's case against Jesse Garza three years earlier.105

* * * * *

See supra Chapter 6, notes 231–232 and accompanying text, supra Chapter 7, notes 20–25.

The rap sheet lists July 15, 1954 as Carlos Hernandez's date of birth. All indications are that this is a clerical error. Every other piece of information on the rap sheet—Corpus Christi Police Department identification number, dates of arrest or conviction, charges, height, weight—exactly matches the relevant Carlos Hernandez, whose date of birth is consistently listed elsewhere as July 14, 1954. This Carlos Gonzalez Hernandez, Jr. was born on July 14, 1954, died on May 6, 1999 and has these identifiers: CCPD I.D. No. 074204; Nueces County Sheriffs ID No. 10052183; Texas Department of Public Safety ID No. 01771823; Texas Department of Criminal Justice No. 227443; FBI No. 731763J10; and Social Security Number 457–96–7119.

See supra note 97.

See supra note 97.

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:18:07–00:19:12. ("I knew Carlos Hernandez ever since he was a juvenile because I arrested him many times. And he lived around the Carrizo-Laredo Street area. And he was always involved in some type of crime . . . and several other assaults that he was involved in. He was always getting involved in fights within the area. So I knew there was a Carlos Hernandez.");

Bruce Whitman & James S. Liebman's Notes on Interview with Eddie Garza, Corpus Christi Police Detective (Aug. 25, 2004) at 1 ("Carlos Hernandez was a bad, bad guy. Ever since he was a juvenile. Most of the police officers would have known who CH [Carlos Hernandez] was (in 1983). So would prosecutors. I don't know why it wasn't followed up (the claim that CH did it [committed the Lopez killing]).").

See supra Chapter 7, notes 13–16, 95–140 and accompanying text.

See Carlos Hernandez Mirror Mugshot 74204, Corpus Christi Police Dep't (Apr. 4, 1983). The placard hung around Hernandez's neck gives his number, 74204, and the date of the photograph, 4–04–83; infra Figure 22.

See, e.g., supra Chapter 6, Figure 16.

See supra note 35 and accompanying text.

E-mail from Allan Bayle to James S. Liebman, Professor of Law, Columbia Law School (July 3, 2004) at 1 (comparing fingerprints from a beer can, a phone receiver, a door frame, and a door glass to Carlos Hernandez and Carlos DeLuna; concluding that (1) the marks from the phone receiver were too poor to make any comparison; (2) Carlos DeLuna's fingerprints were insufficiently detailed to compare to the beer can, and they did not match the door frame or the door glass; (3) Carlos Hernandez's fingerprints did not match the beer can or door glass and did not appear to match the door frame, although the comparison was "very difficult");

see also infra Chapter 10, note 169 and accompanying text (noting that the Corpus Christi Police Dep't fingerprint examiner assigned to the DeLuna case found the fingerprints to be too fragmentary for comparison to Carlos DeLuna's reference prints); infra Chapter 12, note 7–9 and accompanying text (noting same and that the fingerprint examiner was unable to find a match between the print and any "Carlos Hernandez" with fingerprint records on file with the Corpus police); infra Chapter 13, note 72 and accompanying text (similar).

See L. Serna, Corpus Christi Police Officer, CCPD Arrest Report (Apr. 3, 1983) (indicating a "Total Fine" of $117 and that Hernandez paid $67 and was given "time served" credit for $50).

See L. Serna, Corpus Christi Police Officer, CCPD Arrest Report (Apr. 3, 1983) ("Released: Date: 4/6/83 at 3:36 p.m.," indicating that Hernandez was in custody part of April 2, all of April 3, 4, and 5 and part of April 6);

Nueces Cty. Sheriff's Dep't, Jail Card for Carlos DeLuna (Feb. 8, 1983) (indicating that Carlos DeLuna was incarcerated in the Nueces County Jail in Corpus Christi from February to July 1983).

In regard to the two Carloses' overlapping periods of Corpus Christi police custody on January 12–15, 1979, compare Arrest Sheet No. C16196, Offense No. 81230044, for Carlos DeLuna, Corpus Christi Police Dep't (Jan. 12–15, 1979) at 1 (indicating that DeLuna was arrested on January 12, 1979 for unauthorized use of a vehicle and remained in police lock-up until January 15, 1979, when he was transferred to a juvenile facility),

with Texas Dep't of Criminal Justice, Bd. of Pardons and Parole Division, Minutes from Feb. 26, 1975 to May 18, 2000, Carlos Hernandez (reporting that prior to January 15, 1979, unspecified criminal charges constituting a parole violation were brought against Carlos Hernandez, culminating on January 15, 1979 in a letter of reprimand and decision to continue him on parole; exactly when Hernandez was taken into custody and released is unclear, but custody may have continued until, or after, January 15, 1979).

In regard to the two Carloses' overlap in Corpus Christi police custody on May 23 and 24, 1980, compare Arrest Report for Carlos DeLuna, Corpus Christi Police Dep't (May 23, 1980) (arresting Carlos DeLuna for public intoxication at 11:45 p.m. on May 23, 1980 and noting his release the next morning, May 24, 1980),

with Nueces Cty. Sheriff's Dep't, Re-Arrest Report for Carlos Hernandez (May 6, 1980) (noting that Hernandez was arrested without bond on an April 28, 1980 warrant for a Corpus Christi parole violation),

and Order and Notice of Withdrawal of Pre-Revocation Warrant of Arrest, Texas Dep't of Criminal Justice, Bd. of Pardons and Parole (May 23, 1980 (revoking Carlos Hernandez's April 28, 1980, warrant and ordering his release),

and Texas Dep't of Criminal Justice, Bd. of Pardons and Parole Division, Minutes from Feb. 26, 1975 to May 18, 2000, Carlos Hernandez (indicating that the Parole Board didn't enforce the May 23, 1980 order of release until May 27, 1980, when it "[w]ithdrew [its] Pre-Revocation Warrant; [and] impose[d]" its judgment).

Criminal History Record for Carlos Hernandezes (May 2, 1983) at 1–7 ("Send The Following Print-Out To Olivia Escobedo: Corpus Christi Police Department, Criminal History Record for Carlos De Luna (DOB:03/15/62); Height: 5–09; Weight: 170. Carlos Hernandez (DOB: 03/21/56) Height 5–04; Weight 174. Carlos Hernandez (DOB: 08/09/57); Height: 5–03 Weight: 145. Carlos G. Hernandez (DOB: 01/10/58); Height: 5–06; Weight 140. Carlos J. Hernandez (DOB: 07/28/55); Height 5–07; Weight 155. Carlos Gonazles Hernandez (DOB: 07/15/54); Height: 5–07; Weight 175. Carlos L. Hernandez (DOB: 11/23/60); Height: 5–06; Weight: 140.").

See supra notes 7–9, 50, 56–59, 70 accompanying text.

See Witness Subpoena for Carlos Hernandez, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 6, 1983) at 1 ("COMES NOW the State and makes application for the issuance of a subpoena for each of the following: Carlos Hernandez, 3025 David, C.C., Tx");

infra Chapter 11, note 274 and accompanying text (discussing the mid-July timing of Carlos DeLuna's divulging of the name "Carlos Hernandez" to his lawyer); infra Chapter 12, notes 1–19 and accompanying text (discussing unavailing steps to find Carlos Hernandez undertaken by prosecutors and police in mid-July 1983, after DeLuna first gave the name Carlos Hernandez to his lawyers, who passed it on to law enforcement officials).

See Criminal History Record for Carlos Hernandezes (May 2, 1983) at 1.

See also Mot. to Withdraw Exhibits, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 22, 1983) (listing Kenneth Botary as the Assistant District Attorney filing the motion to withdraw exhibits in the case);

Trial Transcript, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 17, 1983) at 1 (identifying Steve Schiwetz as the counsel for the state).

Bruno Mejia, Corpus Christi Police Office, CCPD Supplementary Report (Feb. 4, 1983):

I then contacted Witness # 1, Kevin [sic] Baker, who advised me that, as he was getting ready to pump gas into his car, he saw the clerk inside the store struggling with a Hispanic male, approximately 5'7" to 5'9", wearing a light colored shirt and dark pants . . . . After I contacted Mr. Baker, I contacted Witness # 2, George Aguirre, who advised me that at approximately 8:00 p.m., while he was pumping gas into his van at the gas station, he observed a Hispanic male, approximately 5'7" to 5'9", wearing a white shirt (long-sleeve), untucked, and dark pants, standing on the east side of the store.

See George Aguirre, Witness to Events Outside Shamrock Gas Station, Statement to Corpus Christi Police Dep't (Feb. 4, 1983) at 1 ("While I was pumping gas in my van I seen this guy standing by the ice machine. He was a Hispanic male, five feet ten inches tall, one hundred and seventy five pounds, dark hair, about twenty three or twenty four years old.");

Kevan Baker, Witness to Events Outside Shamrock Gas Station, Statement to Corpus Christi Police Dep't (Feb. 4, 1983) at 1 ("Before I could start to pump gas I heard this bang inside the store. I looked up and I seen this man pulling this lady from behind the counter by the hair. This man was a Hispanic male, five feet eight inches tall, one hundred and seventy pounds . . . .");

supra Chapter 2 notes, 42, 162–166 & Figure 3 and accompanying text. At the time of his many arrests, the Carlos Hernandez born on July 14, 1954 consistently was identified as 5'7" and of medium weight (160–175 lbs) and build. See CDL–CH Height-Weight Comparison (Jan. 25, 2010) (collecting every known official indication of the height and weight of Carlos DeLuna and Carlos Hernandez over the course of their lives, mainly drawn from police records: the thirty-two available records indicating the height and weight of Carlos DeLuna between May 1978 and October 1989 list his height as 5'7" or 5'8" on the vast majority of cases with outliers ranging from 5'6" on one occasion to 5'10" on one occasion, and list his weight as between 155 and 180 lbs in nearly all cases; by comparison, the twenty-seven available records indicating the height and weight of Carlos Hernandez between October 1978 and May 1996 list his height as either 5'7" or 5'8" in all cases and list his weight as between 155 and 180 lbs on most occasions (including all occasions between 1978 and early 1986) with drops below that range in 1986 to 1989 following Hernandez's surgery for a head injury, see infra Chapter 15, note 183 and accompanying text, and some fluctuations above and below that range in the 1990s, when Hernandez was suffering from advanced stages of diabetes and cirrhosis of the liver, see infra Chapter 17, note 111 and accompanying text & Figure 41).

Upon Carlos DeLuna's February 4, 1983 admission to jail under arrest for the murder of Wanda Lopez, his height and weight were listed as 5'8", 150 lbs. See CDL-CH Height-Weight Comparison (Jan. 25, 2010).

Upon Carlos Hernandez's April 3, 1983 arrest behind a 7–11 store, he was listed as 5'7" and 175 lbs. See L. Serna, Corpus Christi Police Officer, CCPD Arrest Report (Apr. 3, 1983) at 1.

Criminal History Record for Carlos Hernandezes (May 2, 1983) at 1;

see also supra notes 15–17 and accompanying text; supra Chapter 6, notes 166–171 and accompanying text. On the print-out sent to Olivia Escobedo compiling information from the rap sheets of the seven Carlos Hernandezes, only one (Carlos Gonzalez Hernandez, born July 14, 1954) had the offenses of armed robbery and assault with a weapon listed on their records. The rest had offenses such as drunk, possession of marijuana, immigration violation, and burglary.

See supra note 73 and accompanying text.

Chapter 9
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