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Los Tocayos Carlos
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1.

See supra Chapter 3, notes 129–131 and accompanying text.

2.

See supra Chapter 2, note 254–256 and accompanying text.

3.

Mark Schauer, Corpus Christi Police Officer, Supplementary Report at 2 (Feb. 8, 1983);

see supra Chapter 3, notes 131 [need numbers] and accompanying text.

4.

See supra Chapter 7, notes 228–230 and accompanying text; supra Chapter 8, notes 68–69; supra Chapter 17, notes 88–91, 103–105 and accompanying text.

5.

Transcribed Videotape Interview with Vicky Gutierrez, Half-Sister of Carlos DeLuna, in Garland, Texas (Feb. 27, 2005) at 00:23:17 ("When I would go visit him in jail, he would say that he didn't do it. He was always saying he didn't do it. That they were going to execute him. That's all he would say, he said that he didn't do it.");

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 20:32:36 ("He told me he didn't do it. I asked him, 'Carlos, did you do this?' I asked him when he was in Death Row. I asked him, 'Did you do this?' He said, 'No, I didn't do it. If you would just go to Corpus, this is where this guy lives. His name is Carlos Hernandez.' He committed the crime.");

Bruce Whitman's Notes on Interview with Manuel DeLuna, Brother of Carlos DeLuna (Aug. 11, 2004) at 1 ("I just wanted to know if he did kill that girl? His response to me was, no I didn't.");

see supra Chapter 5, note 102 and accompanying text; supra Chapter 15, notes 82–83 and accompanying text; supra Chapter 16, notes 163–167 and accompanying text.

6.

See, e.g., Transcribed Videotape Interview with Rosie Esquivel, Girlfriend of Carlos DeLuna While He Was on Death Row, in Garland, Texas (Feb. 27, 2005) at 23:55:34 ("Usually if someone does kill someone they usually end up bragging to someone else, and Carlos never did that. He maintained until the end, when he was executed, that he was innocent. And they should have listened to him. They treated his case unfairly. It was unjustified, what they did.");

see also supra Chapter 16, notes 5–16 and accompanying text.

7.

Transcribed Videotape Interview with Hector De Peña Jr., Trial Lawyer for Carlos DeLuna, in Corpus Christi, Texas (Feb. 23, 2005) at 12:06:40, 12:12:18, 12:12:44 ("We tried, with a great deal of diligence, to try and get that information from him [Carlos DeLuna], because we felt it was important in terms of his defense as to whether or not he was actually involved or not involved. . . . But he would never reveal it, basically indicating to us, ultimately, that if he did reveal it he wouldn't be safe either outside the penitentiary or in the penitentiary. . . . He was adamant that he was not guilty and he wanted his day in court. . . . He was adamant that he was not involved in the girl's killing.");

see supra Chapter 11, notes 69–82, 274–277 and accompanying text.

8.

Transcript of Karen Boudrie-Evers's TV Reports on DeLuna/Lopez Case (1984–85) at 00:02:32 ([quoting DeLuna:] "When I had my turn in court, I offered to take a lie-detector test or any kind of test the district attorney wanted. Mr. Steve Schiwetz, the district attorney, refused. . . .");

see supra Chapter 12, notes 1–3 and accompanying text; supra Chapter 13, notes 208–211, 221–223 and accompanying text; supra Chapter 15, notes 318–321 and accompanying text (all discussing the prosecutors' awareness of DeLuna's claim of innocence and his request, evidently declined by prosecutor Steven Schiwetz, to take a lie detector test).

9.

See, e.g., Transcript of Karen Boudrie-Evers's TV Reports on DeLuna/Lopez Case (1984–85) at 02:09–02:32 (quoted supra Chapter 15, notes 311–323 [need number] and accompanying text);

Linda Carrico, DeLuna Is Scheduled to Be Executed Tomorrow,Corpus Christi Caller-Times, Oct. 14, 1986, at B1:

Death Row inmate Carlos DeLuna contends he will die for a crime he did not commit if he is executed for the 1983 fatal shooting of a Corpus Christi service station clerk. . . .

DeLuna, now 24, maintains he is innocent even though a jury found him guilty of Ms. Lopez's death and two appeals courts upheld that conviction and death sentence.

In a Caller interview, DeLuna said he was arrested because he was in the area and authorities needed a suspect. DeLuna claimed he was across the street and saw the killing, but walked away without reporting what he saw. "I knew since I had been convicted before in Dallas County they would pin this one on me," DeLuna said. . . . DeLuna claims he is a victim of mistaken identity. He said a friend, Carlos Hernandez killed the clerk but authorities refuse to believe him.

DeLuna Executed for the 1983 Robbery-Slaying of Woman, Galveston Daily News, Dec. 8, 1989, at A11 ("Convicted killer Carlos DeLuna, saying he had no hate and professing support for his fellow death row inmates, was executed early Thursday for the 1983 Robbery-Slaying of a Corpus Christi Woman. . . . DeLuna had insisted all along that he was not responsible for the death of Wanda Jean Lopez, 24"); Cindy Tumiel, Convicted Killer Executed After Court Rejects Appeals, Corpus Christi Caller-Times, Dec. 7, 1989, at B1 ("Carlos DeLuna was put to death early today for the robbery and slaying of a Corpus Christi service station attendant . . . . DeLuna has continued to maintain his innocence, claiming that the murder was committed by a friend named Carlos Hernandez.");

Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:30:50 ("Every time I talked to Carlos, and in every letter, he talked about how his life had gone astray but he always denied committing this crime.");

James S. Liebman's Notes on Interview with Linda Carrico, Corpus Christi Newspaper Reporter (Sept. 2004) at 1 ("One issue I was interested in was death sentences imposed in Corpus Christi. I set up an appointment to interview the CC inmates on death row. Most of the time these people had never testified at trial, so I wanted to interview them. I would get permission from the prison, but most of the time the inmate wouldn't come out and talk to me. One of the few to come out and talk to me was Carlos DeLuna.");

see supra Chapter 15, notes 20–24, 47–49, 121–125, 311–327, 338 and accompanying text; supra Chapter 16, notes 94, 200, 205–210, 235, 265 and accompanying text.

10.

See supra Chapter 15, notes 20–24, 47–49, 82–83, 121–125, 160–161, 202–204, 311–327, 338 and accompanying text; supra Chapter 16, notes 6–16, 24, 162–167, 170–192, 196–210, 235, 265 and accompanying text.

11.

Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:30:50–01:31:35 ("Every time I talked to Carlos, and in every letter, he talked about how his life had gone astray but he always denied committing this crime.");

see supra Chapter 15, notes 20–24, 47–49, 121–125, 311–327, 338 and accompanying text; supra Chapter 16, notes 196–210 and accompanying text.

12.

Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:25:30 ("I said, 'Carlos, is there anything you want to tell me? Do you want to tell me anything about what really happened?' He said, 'No, they're putting to death an innocent man.' And I think at that point it really hit me that maybe they were. He had nothing to lose at this point.").

13.

Transcribed Videotape Interview with Carroll Pickett, Texas Death House Chaplain, in Huntsville, Texas (Feb. 26, 2005) at 21:45:38–22:11:40:

And I asked him [Carlos DeLuna], did he want . . . to tell [me] the truth. He said, "Sure." I did them all that way. . . . "Go ahead, I want to know the whole story." He said, "I'm not so much afraid of dying, it's how, and what's going to happen after that." So I explained it all to him. And then he said, "Can we talk privately?" So we began to talk privately. And many of the convicts, between 10:15 and midnight, confessed to a lot of things for which they were not convicted. I began in the beginning saying some of them are just bragging. I began to check them out with friends of mine, without telling them. They were true. There was a lot of confession. At ten o'clock to midnight is a very traumatic situation. I went to my doctor, and he told me, "One of these days you're going to pay for all this, because you're taking in a lot of stuff you can't get out." And he was a cardiologist in Victoria. And I may be, right now, in that position at this very minute [given the heart trouble Pickett was suffering at the time of the interview]. But Carlos wanted to talk about it, and we discussed those two issues: Why did you let her [the victim] talk on the phone? And why did you stay [under] the truck? And he said, "I didn't do it." That's as clear as a bell to me. . . . And I believed him. . . . In my opinion, having watched ninety-five die in the execution chamber—I watched hundreds that died—because we had the hospital. We had an intensive care. We had a Death Row in the hospital. The third floor, I had a hundred people that died over there from heart attacks, C.O.P.D., AIDS, cancer, you name it. And I went through this for sixteen years, listening to them on their last days and nights. I spent way too many hours, I suppose, listening to their last confession. But some of them I believed. And some of them I checked out, and they were innocent people. I fully believe Carlos DeLuna was an innocent man, and I will always believe that."

See supra Chapter 16, notes 94–98, 105, 168–193 and accompanying text.

14.

See supra Chapter 5, notes 166, 210 and accompanying text; Chapter 16, notes 94–95 and accompanying text.

15.

See supra Chapter 16, notes 73–81, 88–95, 100–105, 168–193, 213–234 and accompanying text.

16.

See supra Chapter 16, notes 186–193 and accompanying text.

17.

Transcribed Videotape Interview with Carroll Pickett, Texas Death House Chaplain, in Huntsville, Texas (Feb. 26, 2005) at 22:19:01–22:22:08 ("But Carlos and I practiced what he was going to say. If you notice the real words, Carlos never admitted to the crime. He did not apologize or ask forgiveness from the family of who was killed. His concern was for his family. He was concerned for the friends he had on Death Row. One of his last words, which are very, very important, 'Don't give up.' Because many of them are striving to prove their innocence. 120, I believe it is, in America, have been taken off Death Row in the last three years or four years, who were found to be innocent. I believe Carlos was one of those.");

see supra Chapter 16, notes 241–248 and accompanying text.

18.

See supra Chapter 8, notes 45–74, 85–111 and accompanying text; supra Chapter 9, notes 7–9, 56–59 and accompanying text; supra Chapter 17, notes 31–33, 40, 44–50 and accompanying text.

19.

See supra Chapter 9, notes 7–4, 56–59 and accompanying text; see also supra Chapter 8, notes 108–111.

20.

See supra Chapter 9, notes 73–90 and accompanying text.

21.

See supra Chapter 6, note 143 and accompanying text & Figure 16; supra Chapter 7, notes 57, 222 and accompanying text; supra Chapter 9, notes 87–88 & Figure 20 and accompanying text; supra Chapter 17, Figures 41, 42.

22.

See supra Chapter 9, notes 35, 88 and accompanying text

23.

See supra Chapter 12, notes 11–12 and accompanying text.

24.

See supra Chapter 9, notes 91–92 and accompanying text; supra Chapter 11, notes 69–72, 276–279 and accompanying text.

25.

See supra Chapter 7, notes 79, 227 and accompanying text.

26.

See supra Chapter 6, notes 199–207; supra Chapter 8, notes 63–69 and accompanying text; supra Chapter 9, notes 91–92 and accompanying text; supra Chapter 13, notes 193–198, 267–271 and accompanying text.

27.

See supra Chapter 11, notes 69–72, 274–277 and accompanying text.

28.

See supra Chapter 8, notes 45–74, 85–111; Chapter 17, notes 31–33, 40, 44–59 and accompanying text.

29.

See supra Chapter 8, notes 98–107 and accompanying text.

30.

See supra Chapter 17, notes 11, 31–33, 40, 44–50 and accompanying text.

31.

See supra Chapter 8, notes 87–90 and accompanying text.

32.

See supra Chapter 9, notes 7–9, 56–54 and accompanying text.

33.

See supra Chapter 8, notes 85–86 and accompanying text.

34.

See supra Chapter 8, notes 94–97 and accompanying text.

35.

See supra Chapter 8, notes 108–11 and accompanying text.

36.

See supra Chapter 8, notes 94–97 and accompanying text; supra Chapter 17, notes 31–33, 74 and accompanying text.

37.

See Peso Chavez's Notes on Attempt to Interview Rosa Anzaldua (Feb. 18, 2005) at 1 ("Ms. Anzaldua was very pleasant in her manner and speech but kindly asked that she not be bothered by anyone else in regard to this matter. She stated, 'I don't want to remember those days—it was very painful—I ask that no one come here again.' . . . I asked if it would be possible to send her written questions that she could answer at her convenience—she stated no. I then left.");

supra Chapter 6, notes 118–122 and accompanying text.

38.

See supra Chapter 8, note 56 and accompanying text.

39.

See supra Chapter 2, notes 206–214 and accompanying text.

40.

See supra Chapter 2, notes 239–241 and accompanying text; supra Chapter 13 notes 52–53 and accompanying text.

41.

See supra Chapter 7, notes 187–92, 211 and accompanying text.

42.

See, e.g., Swindler & Berlin v. Hamilton, 524 U.S. 399, 410 (1998) (holding that attorney-client privilege survives the client's death); Cf. Tex. Evid. R. 503(a)(3) (providing only confidential conversations between lawyers and their clients are privileged and defining confidentiality in a way that would likely exclude conversations occurring in a public place, such as a bar, where some of Kelly's conversations with Hernandez occurred).

43.

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

44.

See supra Chapter 15, notes 7–10 and accompanying text & Figure 34.

45.

See supra Chapter 6, notes 27–60, 89–122, 178–207 and accompanying text; supra Chapter 7, notes 59, 143–148, 209–211, 225–228 and accompanying text; supra Chapter 9, notes 10–49 and accompanying text; supra Chapter 17, notes 13–23, 85–99, 103–107 and accompanying text.

46.

See supra Chapter 6, note 142 and accompanying text; supra Chapter 8, notes 45–72 and accompanying text; supra Chapter 9, notes 67–71 and accompanying text; supra Chapter 13, note 268 and accompanying text; supra Chapter 17, notes 11–12 and accompanying text.

47.

See supra Chapter 6, notes 139–142 and accompanying text.

48.

See supra Foreword, notes 9–10 and accompanying text.

49.

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 19:44:14, 19:46:06 ("I'm 41 years old. I live in Houston, Tex. . . . I'm a staff accountant for Zephyr Development, a software company. And I've been there for the past seven and a half years.")

50.

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 19:44:14, 19:45:28 ("[I have] 2 kids, a daughter that's 23 years old and a son that's 21 years old. . . . Our son was in Fallujah, the first time he went to Iraq for almost 6 months. And then he was stationed at Fallujah for another 6 months, almost 6 months, for a total of almost about a year in Iraq. And he's a Marine. He came home, he's 21 years old and he came home for a visit. And we had a wonderful visit with him. Wonderful, wonderful son. To be able to serve his country. And he's based back in Camp LeJeune and hopefully, he'll be home, back April 5.").

51.

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at 21:20:34 ("I don't even like going to Corpus. I hate Corpus. I can't stand it. Every time we go to Corpus—if we have to go there for whatever reason—it just brings all that past memories. All I want to remember of Carlos is that moment when he hugged me and he said he loved me. I saw the peace in his face even though he was afraid, that peace in his heart. That's the reason why I don't even want to go back to Corpus and see that grave of my brother, because I know he should not be there. He should have never been executed, never.").

52.

Transcribed Videotape Interview with Rose Rhoton, Sister of Carlos DeLuna, in Houston, Tex. (Feb. 26, 2005) at. 21:30:45:

I'm against Death Row. Not just because my brother was in Death Row, we're talking about a life. Executing someone, are you sure that that person committed such a crime? Are we sure? Can you prove it? Execution, I believe, is just totally wrong, even if my brother wasn't in the situation he was in. There should be something to be able to help both parties, to be able to prove this as far as—Even if it was proven that he or she did commit such a crime. Executing someone isn't going to bring anybody back. It's been done. I know both parties are mad, upset, not only the parents that lost the loved one, but also the other party. Their kids are in the situation that they're in. There has to be a better situation than executing, there has to be. I'm 100 percent against it.

53.

Transcribed Videotape Interview with Richard Louis Vargas, Brother of Wanda Lopez, in Corpus Christi, Texas (Dec. 4, 2004) at 6:40:39–6:41:44:

Q. And did Wanda have any children?

A. One. A little girl.

Q. What's her name?

A. [Name provided].

Q. And so that's your niece.

A. That's my niece. . . .

Q. So your parents were close to your niece.

A. Actually, they brought her up.

54.

Transcribed Videotape Interview with Richard Louis Vargas, Brother of Wanda Lopez, in Corpus Christi, Texas (Dec. 4, 2004) at 06:35:27 (providing a Corpus Christi address to the interviewer).

55.

Bruce Whitman's Notes on Interview with Richard Louis Vargas, Brother of Wanda Lopez (Nov. 21, 2004) at 4.

56.

See supra Chapter 15, notes 202–205 and accompanying text.

57.

Signed Statement of Louis Richard Vargas, Brother of Wanda Jean Vargas Lopez (June 2006):

On February 4, 1983, my sister Wanda Jean Vargas Lopez, was killed at a Diamond Shamrock in Corpus Christi, Texas. This senseless killing devastated our family and took the life of one of the most loving human beings we ever knew. At the time, I was assured by the authorities that a full investigation took place and proved that Carlos DeLuna was the killer.

After carefully reviewing the information uncovered and printed by Steve Mills and Maurice Possley in the Chicago Tribune, I am convinced that Mr. DeLuna did not kill my sister and that Carlos Hernandez was the real murderer. Because of an incomplete investigation by the authorities, the wrong man was executed, and Mr. Hernandez was permitted to go free and brutally hurt other innocent victims.

My heart goes out to Mr. Hernandez’s other victims and also to the DeLuna family whose loss I share. And I also want to say how grateful I am to the witnesses who have come forward to reveal the truth about who admitted killing my sister. My only hope is that my sister did not die in vain, and that as a result of this tragic injustice, the State of Texas will do whatever it takes to be sure no man is ever executed again for a crime he did not commit.

My family has now suffered twice through the devastating ordeal of my sister’s death. I have cooperated fully with the Chicago Tribune to bring the truth to light. Please direct all inquiries to my lawyer . . . .

Louis Richard Vargas
/s/

58.

Tex. Senate Res. No. 386, In Memory of Edward S. Garza (Mar. 5, 2007).

59.

Telephonic Interview with Gloria Sanchez (Jan. 24, 2012) (reporting that Freddie Schilling died in September 2007; information subsequently confirmed by investigative data-base search).

60.

Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez,in Corpus Christi, Texas (Feb. 24, 2005) at 13:49:50.

61.

Peso Chavez's Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 3 ("I first met Paula when she was 16/17 years old. We had three children. Eduardo, who lives in Corpus Christi—I don't know where he lives. John Michael is in prison and Melissa (her name is now Julie Ann) gave her up for adoption.").

62.

See supra Chapter 6, notes 62–63 and accompanying text.

63.

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

64.

See supra Chapter 8, notes 25–34 and accompanying text.

65.

See, e.g., Bruce Whitman's Notes on Interview with Johnny Arsuaga, Cousin of Carlos Hernandez and John Arsuaga (Nov. 3, 2004) at 2 (noting that many of Fidela's relatives want nothing to do with her);

Bruce Whitman's Notes on Interview with Pricilla Jaramillo, Niece of Carlos Hernandez (Aug. 9, 2004) at 1 (noting that Pricilla described Fidela as "crazy," and that living with her was "chaotic");

James S. Liebman's Notes on Interview with Pricilla Jaramillo, Niece of Carlos Hernandez (Dec. 3, 2004) at 1, 3 (noting that Pricilla described Fidela as unreliable and volatile, and further offering that Fidela was an inconsiderate caretaker);

Peso Chavez's Notes on Interview with John Michael Schilling, Nephew of Carlos Hernandez (Aug. 12, 2004) at 1 ("I can't even describe that woman [his grandmother Fidela Hernandez]. She's very bad—no good—she didn't like any of us.");

supra Chapter 6, notes 69, 158 and accompanying text.

66.

See supra Prologue, note 35 and accompanying text; supra Chapter 6, notes 65–68, 73, 83–84, 87–88 and accompanying text [including re: her brother Solis in Calif.]; supra Chapter 17, notes 111–113 and accompanying text.

67.

For Ken Botary, see Law Offices of Kenneth G. Botary, Yellow Pages Goes Green, http://www.yellowpagesgoesgreen.org/Corpus+Christi-TX/Law+Offices+Of+Kenneth+G+Botary/2004596 (last visited Mar. 30, 2012). For Steve Schiwetz, see Steve Schiwetz Law Offices, Yellow Pages, http://www.yellowpages.com/corpus-christi-tx/mip/steve-schiwetz-law-offices-15648527 (last visited Mar. 30, 2012).

68.

Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:22:20:

In 1983 I went to work for my first television job in Corpus Christi, Texas, at the CBS affiliate, KZTV. I worked there for a couple of years, then I moved to the NBC affiliate in Corpus Christi, Texas. So I was there [in Corpus Christi] for a total of six years, until 1989. Then I moved to Georgia to start up a television station in Georgia as the news director and main anchor there. And after a couple of years I moved to New Orleans to work at the FOX affiliate in New Orleans, where I worked on-air as an anchor and reporter for about nine and a half years. Then I got out of TV news and started my own public relations and advertising and video company, which I've been running for the past three years now. It's still in New Orleans, primarily.

69.

Transcribed Videotape Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005) at 01:22:20;

see http://www.powerprofiles.com/profile/00005151172146/BOUDRIE+COMMUNICATIONS+LLC-KENNER-LA (last visited Mar. 30, 2011) (profiling Boudrie Communications LLC in Kenner, Louisiana).

70.

Transcribed Videotape Interview with Carroll Pickett, Texas Death House Chaplain, in Huntsville, Texas (Feb. 26, 2005) at 22:10:44:

In my opinion, having watched ninety-five die in the execution chamber . . . I watched hundreds that died . . . because we had the hospital. We had an intensive care. We had a Death Row in the hospital. The third floor, I had a hundred people that died over there from heart attacks, C.O.P.D., AIDS, cancer, you name it. And I went through this for sixteen years, listening to them on their last days and nights. I spent way too many hours, I suppose, listening to their last confession. But some of them I believed. And some of them I checked out . . . . I fully believe Carlos DeLuna was an innocent man, and I will always believe that.

71.

See supra Chapter 16, notes 82–83, 251–265 and accompanying text.

72.

Transcribed Videotape Interview with Carroll Pickett, Texas Death House Chaplain, in Huntsville, Texas (Feb. 26, 2005) at 22:49:58 ("Nobody ever knew where I stood. I couldn't tell an inmate, 'I'm in favor of it,' because he wouldn't talk to me. I couldn't tell the press, 'I'm against it,' because the warden would fire me. So I just stayed neutral, stayed neutral.").

73.

Transcribed Videotape Interview with Carroll Pickett, Texas Death House Chaplain, in Huntsville, Texas (Feb. 26, 2005) at 22:53:45, 22:54:55:

So I went [to a debate with Nueces County District Attorney, Carlos Valdez] to speak. There were four of us who spoke that day. And I had already completed my transformation into saying this [the death penalty] is wrong. It is wrong to kill people to show people that killing people is wrong. Partly because of the innocent being killed, partly because of people like Carlos, who was just a kid that I think was innocent, but he was young anyway, mentally retarded, socially retarded, educationally retarded.

74.

Rev. Carroll Pickett with Carlton Stowers, Within These Walls: Memoirs of a Death House Chaplain (2002).

75.

At the Death House Door (Independent Film Channel 2008), http://kartemquin.com/films/at-the-death-house-door.

76.

Tex. Dep't of Crim. Just., Executed Offenders, http://www.tdcj.state.tx.us/death_row/dr_executed_offenders.html (last visited Mar. 30, 2012).

77.

See generally supra Chapters 11–15

78.

See supra Chapter 11, notes 216–252 and accompanying text; see also supra Chapter 2, notes 116–132 and accompanying text

79.

See supra Chapter 11, notes 195–254 and accompanying text; see also supra Chapter 2, notes 106–132 and accompanying text; supra Chapter 13, notes 150–153 and accompanying text.

80.

See supra Chapter 1, notes 63–70 and accompanying text; supra Chapter 2, notes 116–132 and accompanying text; supra Chapter 13, notes 154 and accompanying text.

81.

Cf. James S. Liebman, Overproduction of Death, 100 Colum. L. Rev. 2030, 2078 (2000):

An outsider only recently arrived in the community—often a rural or small-town community—is charged with taking the life of a local citizen. Typically, the outsider is young, poor, urban, male, and African American or Latino; if he is white, he is probably a drifter and probably has a criminal record in another State. The victim, on the other hand is probably white, a respected member of the community, most usually a merchant or law enforcement officer. The accused and the victim do not know each other; the latter had no particular reason to expect that the crime would occur as and when it did; in all likelihood, the homicide occurred in the course of some other serious felony, usually a robbery. The evidence against the accused seems strong.

Such an offense obviously will shock, frighten, and enrage the community. That of course is why the community reserves its most severe punishment for such offenses.

82.

See supra Chapter 1, notes 19–24 and accompanying text; supra Chapter 4, notes 18–22, 26, 56, 90 and accompanying text; supra Chapter 13, notes 19–30, 35 and accompanying text; supra Chapter 14, note 48 and accompanying text.

83.

See supra Chapter 1, notes 13–26, 51–52, 63–70 and accompanying text; supra Chapter 2, notes 116–132 and accompanying text; supra Chapter 3, notes 70–101, 132 and accompanying text; supra Chapter 4, notes 111–116 and accompanying text; supra Chapter 9, notes 59–71, 90, 93–105 and accompanying text; supra Chapter 10, passim; supra Chapter 11, notes 215–254 and accompanying text; supra Chapter 12, notes 7–19 and accompanying text; supra Chapter 15, notes 1–10, 44–50, 69, 192 and accompanying text.

84.

See supra Chapter 4, notes 59, 87–93, 110–116 and accompanying text; supra Chapter 10, passim.

85.

For other examples, see infra notes 146–150 and accompanying text.

86.

Transcribed Videotape Interview with Carroll Pickett, Texas Death House Chaplain, in Huntsville Texas (Feb. 26, 2005) at 22:17:05:

Even Carlos's final words are not accurate in that book [prepared by the Texas Department of Corrections to record death row inmates' last meals, last statements and other such information]. In fact, they're not accurate in any book, or in a magazine. I would tell the convicts and the inmates, "The only way they're going to quote exactly what you say is if you say nothing." And this is true of many people. What Carlos said—I'm five inches from his leg. I would hear what he said, I would—We practiced, ok? He and I practiced at 11:30 what he wanted to say. So I knew what he wanted to say. Some of them wanted me to help them do it, and I couldn't do it. I was not allowed to. But I know that there was a person writing down, exactly, his words. And [Houston Chronicle reporter] Kathy [Fair] got them pretty close. But the ones in this book, and the ones that were on TV. And I'm not knocking reporters. The media just doesn't —They're down there in shock. Ted Koppel is considered one of the greatest people in the world in the media. And he watched an execution. He came to watch the execution of Mario Marquez, who was mentally retarded, who was very much, in my mind, like Carlos. Very much like him. And I was interviewed by Ted Koppel. And I told him, "If you witness this, you're not going to hear or report exactly what he says." He said, "What do you mean?" I said, "Because your emotions are going to be involved." And he went on his TV program and quoted what he [Mario Marquez] said, and it was totally wrong.

See supra Chapter 16, notes 151–156, 241 and accompanying text.

87.

See, e.g., Brian L. Cutler & Steven D. Penrod, Mistaken Identification: The Eyewitness, Psychology and the Law 12–13 (1995) (reporting studies suggesting that eyewitness identifications may be mistaken over half the time); Brandon L. Garrett, Convicting the Innocent: Where Criminal Prosecutions Go Wrong 45–83 (2011) (offering variety of explanations for the eyewitness misidentifications revealed by DNA exoneration cases, including suggestive police procedures, stacked lineups, and prejudicial remarks by police to witnesses, as well as flaws in the Supreme Court's test for assessing eyewitness reliability); Kevin Jon Heller, The Cognitive Psychology of Circumstantial Evidence, 105 Mich. L. Rev. 241, 248–49, 252–54 (2006) (summarizing research documenting high error rates in eyewitness identifications); Katherine R. Kruse, Instituting Innocence Reform: Wisconsin's New Governance Experiment, 2006 Wis. L. Rev. 645, 652–55 (summarizing the literature criticizing the reliability of eyewitness identifications); Gary L. Wells & Elizabeth A. Olson, The Other-Race Effect on Eyewitness Identifications, 7 Psychol. Pub. Pol'y & L. 230 (2001) (documenting the unreliability of cross-racial eyewitness identifications).

88.

See supra Chapter 3, notes 23–35, 83–101, 111–128 and accompanying text.

89.

See supra Chapter 2, notes 149–152 and accompanying text; supra Chapter 11, notes 119, 212–214 and accompanying text; supra Chapter 13, notes 99–100 and accompanying text.

90.

See Andrew Gelman et al., A Broken System: The Persistent Pattern of Reversals of Death Sentences in the United States, 1 J. Empirical Legal Stud. 209, 214 (2004); James S. Liebman et al., A Broken System, Part II: Why There Is So Much Error in Capital Cases, and What Can Be Done About It 58 (2002), available at http://www2.law.columbia.edu/brokensystem2/report.pdf.

91.

See Andrew Gelman et al., A Broken System: The Persistent Pattern of Reversals of Death Sentences in the United States, 1 J. Empirical Legal Stud. 209, 218–23 (2004); James S. Liebman et al., A Broken System, Part II: Why There Is So Much Error in Capital Cases, and What Can Be Done About It 40–43 (2002), available at http://www2.law.columbia.edu/brokensystem2/report.pdf.

92.

See Andrew Gelman et al., A Broken System: The Persistent Pattern of Reversals of Death Sentences in the United States, 1 J. Empirical Legal Stud. 209, 260–61 (2004); James S. Liebman et al., A Broken System, Part II: Why There Is So Much Error in Capital Cases, and What Can Be Done About It 5–7 (2002), available at http://www2.law.columbia.edu/brokensystem2/report.pdf.

93.

See Andrew Gelman et al., A Broken System: The Persistent Pattern of Reversals of Death Sentences in the United States, 1 J. Empirical Legal Stud. 209, 260 (2004) ("Other death-penalty supporters find no cause for alarm in high rates of court reversal in capital cases. The death-penalty advocates have two main arguments, which, interestingly, go in opposite directions. On one hand, they argue that appellate judges are politically biased or are reversing based on technicalities. On the other, they claim that the high reversal rates are evidence that the system works, because the courts are scrutinizing death verdicts carefully and finding errors.").

94.

See supra Chapter 11, notes 175–188 and accompanying text; supra Chapter 13, notes 192–199 and accompanying text.

95.

See supra Chapter 2, notes 109, 115–118 and accompanying text; supra Chapter 11, notes 228–243 and accompanying text.

96.

See supra Chapter 2, notes 206–248 and accompanying text.

97.

See supra Chapter 11, notes 23–44 and accompanying text.

98.

See supra Chapter 7, notes 8–19, 53, 95–134 and accompanying text.

99.

See supra Chapter 7, notes 184–203 and accompanying text.

100.

See supra Chapter 5, notes 10–11 and accompanying text; supra Chapter 6, notes 1–3 and accompanying text; references supra note 46; Map.

101.

See supra Chapter 6, notes 199–207 and accompanying text; supra Chapter 8, notes 63–69 and accompanying text; supra Chapter 9, notes 91–92 and accompanying text; supra Chapter 12, notes 45–48 and accompanying text.

102.

See supra Chapter 5, notes 152–157 and accompanying text; supra Chapter 6, notes 1–6, 26 and accompanying text; supra Chapter 13, notes 194–195 and accompanying text; supra Chapter 15, notes 82–85 and accompanying text.

103.

See supra Chapter 8, notes 75–81 and accompanying text.

104.

See supra Chapter 11, notes 192–197 and accompanying text; supra Chapter 13, notes 190–192 and accompanying text.

105.

See supra Chapter 2, notes 108–114 and accompanying text; supra Chapter 11, notes 198–211 and accompanying text; supra Chapter 13, notes 48–51, 150–153 and accompanying text.

106.

See supra Chapter 11, note 201 and accompanying text; see also supra Chapter 2, notes 112–114 and accompanying text.

107.

See supra Chapter 2, notes 116–249 and accompanying text.

108.

See supra Chapter 4, notes 84–94, 110–116 and accompanying text; see also supra Chapter 2, notes 269–271 and accompanying text; supra Chapter 3, notes 65, 71–73, 123–127 and accompanying text.

109.

See supra Chapter 12, notes 10–18 and accompanying text; supra Chapter 9, notes 59–71 and accompanying text.

110.

See supra Chapter 13, notes 306–307 and accompanying text; supra Chapter 15, notes 121–123 and accompanying text.

111.

See e.g., supra Chapter 11, notes 119, 212–214, 280 and accompanying text; supra Chapter 13, notes 99–100, 310–335 and accompanying text.

112.

See supra Chapter 15, notes 63–67, 92–238 and accompanying text.

113.

See supra Chapter 11, notes 131–137 and accompanying text.

114.

See supra Chapter 11, notes 11, 23–44, 55–56, 87–89, 110–129, 138–147 and accompanying text.

115.

See e.g., Carol S. Steiker & Jordan M. Steiker, A Tale of Two Nations: Implementation of the Death Penalty in "Executing" Versus "Symbolic" States in the United States, 84 Tex. L. Rev. 1869, 1885–86 (2006) (discussing failure of the Texas appeal system to provide adequate counsel in death penalty cases); Ned Waplin, Why Is Texas #1 in Executions?, Death Penalty Info. Ctr. (Dec. 5, 2000), http://www.deathpenaltyinfo.org/node/583 ("[T]he amount the state is willing to pay lawyers for these [post-conviction] appeals is sufficiently low that most defendants still do not receive counsel for their appeals."); supra Chapter 15, notes 63–64, 106, 119 and accompanying text.

116.

See supra Chapter 15, notes 110–113 and accompanying text.

117.

See supra Chapter 15, notes 166–175 and accompanying text.

118.

Andrew Gelman et al., A Broken System: The Persistent Pattern of Reversals of Death Sentences in the United States, 209 J. Empirical Legal Stud. 209, 209 (2004) ("We collected data on the appeals process for all death sentences in U.S. states between 1973 and 1995. . . . Multilevel regression models fit to the data by state and year indicate that high reversal rates are strongly associated with higher death-sentencing rates . . . .").

119.

See supra note 117.

120.

Death Penalty Information Center – Executions by County, http://www.deathpenaltyinfo.org/executions-county (last updated Sept. 12, 2011).

121.

See Death Penalty Information Center – Executions by County, http://www.deathpenaltyinfo.org/executions-county (last updated Sept. 12, 2011) (calculating per capita execution rates using execution numbers from the Death Penalty Information Center and county-by-county population data from the 2000 Census.)

122.

See supra Foreword, notes 9–10 and accompanying text.

123.

See supra Chapter 15, notes 345–348 and accompanying text; see also supra Chapter 16, note 246 (discussing a separate instance of potentially misleading reporting by Kathy Fair).

124.

Maurice Possley, along with others from the Chicago Tribune, won the Pulitzer Prize for Investigative Reporting in 2008 for a series of articles on hazardous children's products. The Pulitzer Prizes, The 2008 Pulitzer Prize Winners: Investigative Reporting, http://www.pulitzer.org/citation/2008-Investigative-Reporting (last visited Mar. 30, 2012). Possley has been a finalist for the Pulitzer Prizes three other times, including in 2000 for Public Service and 2001 for National Reporting. The Pulitzer Prizes, The 2000 Pulitzer Prize Winners: Public Service, http://www.pulitzer.org/citation/2000-Public-Service (last visited Mar. 30, 2012); The Pulitzer Prizes, The 2001 Pulitzer Prize Winners: National Reporting, http://www.pulitzer.org/citation/2001-National-Reporting (last visited Mar. 30, 2012). In 2007, Possley shared his third nomination with Steve Mills for their series on the DeLuna case, again, in the National Reporting category. The Pulitzer Prizes, The 2007 Pulitzer Prize Winners: National Reporting, http://www.pulitzer.org/citation/2007-National-Reporting (last visited Mar. 30, 2012).

125.

Ken Armstrong & Steve Mills, Death Penalty Support Erodes, Chi. Trib., Mar. 7, 2000, at 1, available at http://articles.chicagotribune.com/2000-03-07/news/0003070315_1_death-penalty-tribune-poll-illinois-voters. For the Chicago Tribune series, see Ken Armstrong & Steve Mills, Death Row Justice Derailed: Bias, Errors and Incompetence in Capital Cases Have Turned Illinois' Harshest Punishment into Its Least Credible, Chi. Trib., Nov. 14, 1999, at 1, available at http://articles.chicagotribune.com/1999-11-14/news/9911150001_1_death-row-capital-cases-capital-punishment; Ken Armstrong & Steve Mills, Inept Defenses Cloud Verdicts: With Their Lives at Stake, Defendants in Illinois Capital Trials Need the Best Attorneys Available. But They Often Get Some of the Worst, Chi. Trib., Nov. 15, 1999, at 1, available at http://articles.chicagotribune.com/1999-11-15/news/9911150176_1_new-trial-or-sentencing-illinois-supreme-court-sentencing-hearing; Steve Mills & Ken Armstrong, The Inside Informant, Chi. Trib., Nov. 16, 1999, at 1, available at http://articles.chicagotribune.com/1999-11-16/news/9911180109_1_murder-confessions-court-and-police-records-hours-of-tape-recordings; Steve Mills & Ken Armstrong, A Tortured Path to Death Row, Chi. Trib., Nov. 17, 1999, at 1, available at http://articles.chicagotribune.com/1999-11-17/news/chi-991117deathillinois4_1_confession-stanley-howard-jon-burge; Steve Mills & Ken Armstrong, Convicted by a Hair, Chi Trib., Nov. 18, 1999, at 1, available at http://articles.chicagotribune.com/1999-11-18/news/chi-991118deathillinois5_1_hair-evidence-death-penalty-cases-amy-schulz.

126.

Governor George Ryan, Speech at Northwestern University College of Law (Jan. 11, 2003), available at http://www.stopcapitalpunishment.org/ryans_speech.html:

After Mr. Porter's case there was the report by Chicago Tribune reporters Steve Mills and Ken Armstrong documenting the systemic failures of our capital punishment system. Half of the nearly 300 capital cases in Illinois had been reversed for a new trial or resentencing. Nearly Half! 33 of the death row inmates were represented at trial by an attorney who had later been disbarred or at some point suspended from practicing law. Of the more than 160 death row inmates, 35 were African American defendants who had been convicted or condemned to die by all-white juries. More than two-thirds of the inmates on death row were African American. 46 inmates were convicted on the basis of testimony from jailhouse informants. I can recall looking at these cases and the information from the Mills/Armstrong series and asking my staff: How does that happen? How in God's name does that happen? I'm not a lawyer, so somebody explain it to me. But no one could. Not to this day.

127.

Steve Mills & Maurice Possley, I Didn't Do It. But I Know Who Did, Chi. Trib., June 25, 2006, at 1, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story ("The newspaper learned of De Luna from a Columbia University law professor who had begun to dig up evidence that pointed to Hernandez, who died in 1999. The possibility of De Luna's innocence played no role in his final appeal, which focused on his lawyers' failure to present any mitigating evidence at his sentencing."); Steve Mills & Maurice Possley, About the Chicago Tribune Special Report: Did this Man [shown in accompanying photograph] Die . . . for this Man's [also shown] Crime?, Chi. Trib., June 24, 2006, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story:

The Tribune learned of Carlos De Luna, who was executed in 1989 for a murder in Corpus Christi, after James Liebman, a professor at Columbia Law School in New York City, contacted the newspaper. Liebman has co-authored studies that found high rates of court reversals due to serious error in capital cases. In subsequent research with students on behalf of the NAACP Legal Defense and Educational Fund, he came across the De Luna case. Liebman asked a private investigator to go to Corpus Christi and look into De Luna's claim during his trial that another man was the real killer. A woman told the investigator the other man had bragged about committing the murder. Believing De Luna's execution was worth a deeper look, Liebman contacted the Tribune. "This was no longer a legal or academic enterprise," he said.

128.

Steve Mills & Maurice Possley, I Didn't Do It. But I Know Who Did, Chi. Trib., June 25, 2006, at 1, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story; Steve Mills & Maurice Possley, A Phantom, or the Killer? A Prosecutor Said Carlos Hernandez Didn't Exist. But He Did, and his MO Fit the Crime, Chi. Trib., June 26, 2006, at 1, available at http://articles.chicagotribune.com/2006-06-26/news/0606260189_1_jurors-hernandez-home-gas-station; Steve Mills & Maurice Possley, The Secret that Wasn't, Chi. Trib., June 27, 2006, at 1, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory.

129.

Steve Mills & Maurice Possley, I Didn't Do It. But I Know Who Did, Chi. Trib., June 25, 2006, at 1, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story

130.

Steve Mills & Maurice Possley, I Didn't Do It. But I Know Who Did, Chi. Trib., June 25, 2006, at 1, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story; see also supra Chapter 8, notes 46–112 and accompanying text; supra Chapter 9, notes 7–9, 56–58 and accompanying text; supra Chapter 17, notes 31–33, 42–46 and accompanying text.

131.

Steve Mills & Maurice Possley, A Phantom, or the Killer? A Prosecutor Said Carlos Hernandez Didn't Exist. But He Did, and his MO Fit the Crime, Chi. Trib., June 26, 2006, at 1, available at http://www.google.com/url?q=http%3A%2F%2Farticles.chicagotribune.com%2F2006-06-26%2Fnews%2F0606260189_1_jurors-hernandez-home-gas-station&sa=D&sntz=1&usg=AFQjCNGJhPwEVjFYoKbq9yGkyBw_PDNf7w ("[A] Tribune investigation shows that the circumstances of Lopez's murder eerily echo the details of Hernandez's lengthy rap sheet—gas station robberies, knife attacks and several assaults on women."); see also supra Chapters 6–9.

132.

Steve Mills & Maurice Possley, I Didn't Do It. But I Know Who Did, Chi. Trib., June 25, 2006, at 1, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story; see also supra Chapters 2–4, 9, 10, 12.

133.

Steve Mills & Maurice Possley, The Secret that Wasn't, Chi. Trib., June 27, 2006, at 1, available at http://www.chicagotribune.com/services/newspaper/eedition/chi-tx-3-story,0,761635.htmlstory; see also supra Chapter 4, notes 102–104 and accompanying text.

134.

Steve Mills & Maurice Possley, I Didn't Do It. But I Know Who Did, Chi. Trib., June 25, 2006, at 1, available at http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story.

135.

The Pulitzer Prizes, The 2007 Pulitzer Prize Winners: National Reporting, http://www.pulitzer.org/citation/2007-National-Reporting (last visited Mar. 30, 2012).

136.

At the Death House Door (Independent Film Channel 2008), http://kartemquin.com/films/at-the-death-house-door.

137.

Dashiell Hammett, The Thin Man (Vintage 1989) (1934).

138.

See supra Chapter 2, notes 117–259 and accompanying text.

139.

See supra Chapter 3; see also supra Chapter 10, notes 27–28 and accompanying text.

140.

See supra Chapter 10, notes 113–134 and accompanying text & Figures 27, 29.

141.

See supra Chapter 10, notes 85–58, 109–110 & Figures 25, 29 and accompanying text;

142.

See, e.g., supra Chapter 8, notes 45–112 and accompanying text; supra Chapter 17, notes 31–35, 40–50 and accompanying text.

143.

See Allen Ault, I Ordered Death in Georgia, Daily Beast (Sept. 25, 2011), http://www.thedailybeast.com/newsweek/2011/09/25/ordering-death-in-georgia-prisons.html (presenting views of a former chief of Georgia's corrections department, who notes the irony that Death Row rehabilitates prisoners).

144.

See supra Chapter 16, note 144 and accompanying text.

145.

See supra notes 78–80 and accompanying text.

146.

See Lise Olsen, Did Texas Execute an Innocent Man?, Hous. Chron. (July 24, 2006), available at http://www.chron.com/disp/story.mpl/front/3472872.html (raising questions about a San Antonio, Texas capital conviction and execution that were premised on the identification of seventeen-year-old Ruben Cantu by a single eyewitness who has since recanted his claim that Cantu was the killer and presenting a sworn statement by Cantu's codefendant, who was convicted but escaped execution for the crime, that Cantu was not involved).

147.

See Terry Ganey, After Execution, Case Is Reopened, St. Louis Post-Dispatch (July 12, 2005), at A1 (describing NAACP report finding that the critical witness who identified executed inmate Larry Griffin as the killer had not even been at the crime scene and that a person injured by a stray bullet had seen the shooters and stated that Griffin was not one of them) , available at http://business.highbeam.com/435553/article-1G1-133964265/after-execution-case-reopened; Kate Zernike, Executed Man May Be Cleared in New Inquiry, N.Y. Times (July 19, 2005), available at http://www.nytimes.com/2005/07/19/national/19death.html?pagewanted=1&th&adxnnl=1&emc=th&adxnnlx=1310932831-BuJo%20E5HvBsbbbcnhl68CA; but cf. Robert Patrick & Heather Ratcliffe, Review Defends Execution, Prosecutor's Finding, St. Louis Post-Dispatch, July 12, 2007, at A1, http://business.highbeam.com/435553/article-1G1-166337396/review-defends-execution-prosecutor-finding-new-witness (describing investigation by prosecutor's office disputing the NAACP's claims).

148.

See generally Dave Mann, DNA Tests Undermine Evidence in Texas Execution, Tex. Observer (Nov. 11, 2010), available at http://www.texasobserver.org/cover-story/texas-observer-exclusive-dna-tests-undermine-evidence-in-texas-execution (reporting results of recent posthumous DNA testing, which revealed that a hair found at a robbery-murder crime scene, which was identified at Claude Jones's trial as "matching" his hair using since discredited "microscopic hair analysis," did not belong to Jones; noting that, although the hair provided virtually the only evidence that Jones was the killer, then-Governor and President-elect George W. Bush declined to permit DNA testing prior to Jones's Dec. 7, 2000 execution).

149.

See Raymond Bonner & Sara Rimer, A Closer Look at Five Cases That Resulted in Executions of Texas Inmates, N.Y. Times (May 14, 2000), available at http://partners.nytimes.com/library/politics/camp/051400wh-bush-cases.html?scp=1&sq=%22david%20spence%22&st=cse (reporting that two of six jailhouse informants who testified against Spence at his capital trial have recanted their stories since he was executed, and that experts studying bite marks used as crucial evidence against Spence found that the marks do not match Spence's teeth); Cindy V. Culp, Lake Waco Murders: Efforts Underway to Exonerate Man Convicted of Famed Slayings, Waco Tribune-Herald, May 5. 2011, at http://www.wacotrib.com/registration/subscription-landing/?rurl=http%3A%2F%2Fwww.wacotrib.com%2Fnews%2FLake-Waco-murders-Efforts-underway-to-exonerate-man-convicted-of-famed-slayings.html (discussing efforts to exonerate life-sentenced co-defendant of David Wayne Spence; Spence was executed for the crime in 1997); Bob Herbert, The Wrong Man, N.Y. Times (July 25, 1997), available at http://www.nytimes.com/1997/07/25/opinion/the-wrong-man.html (noting that the lead detective on David Spence's case has come to believe that Spence was innocent).

150.

See David Grann, Trial by Fire, The New Yorker (Sept. 7, 2009), available at http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_grann (casting serious doubt on nearly all of the evidence used to conclude that a house fire that killed Cameron Todd Willingham's daughters was intentionally set, rather than accidental, and exposing the scientifically unsound methods used to conclude that the fire was caused by arson); Steve Mills & Maurice Possley, Man Executed on Disproved Forensics, Chi. Trib. (Dec. 9, 2004), available at http://www.chicagotribune.com/news/nationworld/chi-0412090169dec09,0,1173806.story (discussing absence of reliable evidence supporting Willingham's conviction and execution).

151.

See supra Chapter 7, notes 150–157 and accompanying text; supra Chapter 8, notes 60–64, 102 and accompanying text; supra Chapter 17, notes 31–33 and accompanying text.

152.

Kansas v. Marsh, 548 U.S. 163, 188 (2006) (Scalia, J., concurring).

153.

Texas Dep't of Criminal Justice, Offender Information Last Statement for Carlos DeLuna (Dec. 7, 1989), available at http://www.tdcj.state.tx.us/death_row/dr_info/delunacarloslast.html.