HRLR
Los Tocayos Carlos
Chapter 9
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All Chapter 9 Footnotes

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Figure 22: (Top row, from left) Three-way mirror mug shots of Carlos DeLuna on January 21, 1983 and Carlos Hernandez on April 4, 1983. (Middle row, from left) Close-ups of DeLuna's and Hernandez's left profiles, then of their right profiles.

Garza wasn't the only one who had trouble telling the two Carloses apart. A number of friends and family members of the two men mistakenly identified photographs of one Carlos, whom they'd never met, as the other.

Rose Rhoton, Carlos DeLuna's sister, misidentified a picture of Carlos Hernandez as her brother.128 When Freddie Schilling, Hernandez's brother-in-law, was first shown pictures of the two men side by side, he thought they were both Hernandez.129 Later, Schilling described his reaction when told that one of photographs was of Carlos DeLuna, who'd been accused of a crime he said another man committed:

Like I said, it sent chills through my body when I seen it. Then when he told me that this (points to photo on left) was Carlos DeLuna and this (points to photo on right) was Carlos Hernandez, I said, "God damn, I can believe that, that's probably where the mistake was made." 'Cause it really, really looked like Carlos [Hernandez]. (holds up the photo to the camera) You can see, right there, the resemblance. I really, really thought it was Carlos [Hernandez] when I first seen these pictures here. I didn't know anything about Carlos DeLuna, I've never met the man.130

When Hernandez's lawyer Jon Kelly was shown a picture of DeLuna, he initially thought it was Hernandez without a mustache.131 Shirley Currie, a friend of Hernandez, misidentified a picture of DeLuna as being Hernandez at a younger age.132 Mary Ellis, Hernandez's friend who was caught up in the same heroin bust with him, similarly mistook a picture of DeLuna as Hernandez.133

Mary Ann Perales, who knew the DeLuna brothers as a teenager and married Manuel years later, mistook a picture of Hernandez as DeLuna.134 Karen Boudrie, a reporter who covered the DeLuna case over six years and spoke to DeLuna often, did the same,135 as did Robert Veregara, a police officer who had arrested both men.136

When shown pictures of the two men, Gloria Licea Sanchez, a former girlfriend of Hernandez, shook her head and said she could see why people could easily mistake one for other.137

The consequences of being mistaken for Carlos Hernandez were not lost on his niece and frequent victim, Pricilla Hernandez. Shown pictures of the two men, she pointed to a photo of DeLuna and asked, "[W]ho is this? This is my uncle. Oh my God that's crazy. This is creepy. This guy looks like my uncle. God forbid."138

Sources

Testimony in Court and Depositions

  1. Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);

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

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

  4. Joel Infante, Corpus Christi Police Identification Technician, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);

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

  6. Trial Transcript, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 17, 1983);

  7. Wayne Waychoff, Employer of Carlos DeLuna, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 19, 1983);

  8. Ernest Dave Wilson, Corpus Christi Police Fingerprints Examiner, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 17, 1983);

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 21:01:35–21:02:40:

Q. I'm going to show you another picture. I've marked this one number three. Take a look and see if you recognize anybody there.

A. This is Carlos.

Q. Which one did you indicate was Carlos? Please show us.

A. Sorry. I'm not even sure if this is Carlos.

Q. Which one did you think was him?

A. I was thinking this one (points to man on left side of photo)I don't know who this (points to woman in center)is.

Pictured in the photo in question are Carlos Hernandez (left), Margie Tapia (center) and Ephraim Hernandez (right). Videotaped Interview Exhibit C (Rose Rhoton Videotaped Interview Exhibit #3).

Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 14:48:44–14:51:23.

Q. Let me show it to you, it's [Exhibit] "F.S. number four." And if you'll just hold that up and describe what your reaction was.

A. (holds photo) Well, my reaction was, when I'd first seen this picture, I really thought they were both of Carlos Hernandez. Because Carlos looked so much like this (points to the photo on the left side of the paper) when he was younger. This (points to photo on the right) is more of when he was all wasted, drinking a lot and alcoholic. But this one (points to photo on the left again)right here, like when he first came out of prison, it really . . . . Like I said, it sent chills through my body when I seen it. Then when he told me that this (points to photo on left) was Carlos DeLuna and this (points to photo on right) was Carlos Hernandez, I said, "God damn, I can believe that, that's probably where the mistake was made." 'Cause it really, really looked like Carlos. (holds up the photo to the camera) You can see, right there, the resemblance. I really, really thought it was Carlos [Hernandez] when I first seen these pictures here. I didn't know anything about Carlos DeLuna, I've never met the man, I've never seen him, I don't know what he looked like. But when I seen them, right there, the first time they came to me, I said, "Carlos." But when I got a closer look at them I seen that it wasn't really Carlos. He told me it was Carlos DeLuna, I said, that's really something, because he looks so much like him. So much. So much. So much. I mean, I would have made a mistake. I would have said, "It's Carlos Hernandez."

Videotaped Interview Exhibit B (Freddy Schilling Videotaped Interview Exhibit #4);

James S. Liebman's Notes on Peso Chavez's Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 1 ("When I showed Mr. Schilling the two photographs I had, he identified them as Carlos Hernandez. When I told him that the younger photograph was Carlos DeLuna he stated, 'Man he's a ringer of Carlos Hernandez when he first got out of prison. That gives me the goose bumps'.");

supra Prologue, Notes 14–19 and accompanying text.

See Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 14:48:44–14:51:23 (quoted supra note 129);

James S. Liebman's Notes on Peso Chavez's Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 1.

Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 07:54:20–08:06:01:

Q. OK, I'm going to hand you a piece of paper here. This is again JK, Jon Kelly, 12/9/04, number 3. Mr. Kelly, you're holding a picture there that you are holding in your hand.

A. Right.

Q. Can you take a look at it. When you saw it over here on the desk, tell me what you said . . . .

A. As it was being handed to me, I glanced at it, and remember, I'm practiced at looking at pictures. I glanced at it, I said, "that's my boy," meaning Carlos Hernandez. Then, upon reflection, and looking a little closer, and remembering that, at the time . . . . Carlos, it's Carlos Hernandez without a moustache. Looking closer I recognized that it was DeLuna, Carlos DeLuna, who, I had seen a previous picture of him. But initially . . . It would have been of great assistance to have these photos in a line-up, and I believe DeLuna was already saying, fairly early in the case, that Carlos Hernandez was the defendant. Could have been him [Carlos Hernandez] too. He [Carlos Hernandez] looks just like him [Carlos DeLuna]. [they begin to take his mike off] I mean, that's true, they should have done a line-up."

Videotaped Interview Exhibit B (Jon Kelly Videotaped Interview Exhibit #3);

Peso Chavez's Notes on Interview with Shirley Currie, Friend of Carlos Hernandez (Aug. 17, 2004) at 2 ("When I showed Ms. Currie the side by side photographs of Carlos Hernandez and Carlos DeLuna she identified the younger photograph of Carlos DeLuna as being Carlos Hernandez. She stated, 'As a younger man—yes.'").

James S. Liebman's Notes on Sita Sovin's Interview with Mary Ellis, Friend of Carlos Hernandez (Oct. 22, 2004) at 2 ("She looked at a picture of Carlos DeLuna and said that at first glance she thought it was Carlos Hernandez, although on close inspection she could see that it wasn't.").

Sita Sovin & Lauren Eskenazi's Notes on Interview with Mary Ann Perales Benavides, Witness Against Carlos DeLuna (Sep. 15, 2004) at 2:

We showed Mary Ann the photograph of Carlos Hernandez, his brother Frankie, and the unnamed pregnant woman. Mary Ann identified the man on the right (CH) as Carlos DeLuna. She said the eyes looked the same. The dark hair was similar. However, she noted that Carlos DeLuna was heavier than the man in the photograph and said that CDL had a rounder face than the man in the photograph. Mary Ann states that from a distance one might confuse CH with CDL.

Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 03:39:23–03:42:32:

Q. [Handing Boudrie an exhibit numbered] "K.B. number one" and today's date. (hands her a photo) Look at that and maybe hold it up and say who, anybody there you recognize.

A. Ok. This guy's got a tattoo. It looks kind of like Carlos DeLuna, but I don't think it is. But I don't know who this person is.

Q. Karen, I'm going to hand you another one. This is labeled 'K.B. number two' on the back. See if you recognize anybody in that picture.

A. I think the guy in the cowboy hat [actually Carlos Hernandez] is Carlos DeLuna. It's certainly his eyes, it looks like Carlos's [DeLuna's] eyes.

See Videotaped Interview Exhibit A (Karen Boudrie-Evers Videotaped Interview Exhibit #1);

Videotaped Interview Exhibit C (Karen Boudrie-Evers Videotaped Interview Exhibit #2).

James S. Liebman's Notes on Interview with Robert Veregara, Corpus Christi Police Officer (Nov. 2, 2005) at 1 ("He said he knew both CH [Carlos Hernandez] and CDL [Carlos DeLuna]. I showed him my collection of 3-way mirror pics of CH and he shuffled thru them. When he got to the April 1983 3-way mirror pic of CH, he said 'oh, that's DeLuna.' As for the other pix, he said he recognized CH but doesn't remember ever arresting him.");

see also R.H. Veregara, Corpus Christi Police Officer, CCPD Arrest Report (May 25, 1996) at 1 (reporting prior arrest of Carlos Hernandez, DOB 7/14/54 by Veregara).

Transcribed Videotape Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez, in Corpus Christi, Texas (Feb. 23, 2005) at 11:30:04–11:31:25:

Q. Ok. And I want to just ask you, again, do you remember, I think it was in August of last year, August of 2004, [another investigator] and I came to your office over at the IRS. And you took us upstairs to this beautiful conference room with a view of the bay and everything. And we spoke to you then, remember that?

A. I remember.

Q. And at that point we showed you a picture of Carlos Hernandez, and we also showed you a picture of Carlos DeLuna. Do you remember that?

A. I remember when Mr. Chavez showed me a picture, when all this first started, of a Carlos DeLuna. I never knew him. But he showed me the picture and told me that, he told me he'd already been executed and I started crying. I got emotional in that I didn't know that he'd already been executed for something he hadn't done. And then when you showed me the picture of the two of them, I recognized Carlos Hernandez right off, but also could see how it was easy to mistake the two.

Peso Chavez & James S. Liebman's Notes on Interview with Gloria Sanchez, Girlfriend of Carlos Hernandez (Aug. 16, 2004) at 4 ("[Investigator] Peso [Chavez] shows Gloria the pic of Carlos DeLuna. Response without prompting: 'That looks like Carlos Hernandez." Later she comes back to point, spontaneously. 'He [Hernandez] looks like him [DeLuna].'").

Sita Sovin and Lauren Eskenazi's Notes on Interview with Pricilla Hernandez Jaramillo, Niece of Carlos Hernandez (Oct. 29, 2004) at 4.

Chapter 9
Page: 8 of 10