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Los Tocayos Carlos
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All Prologue Footnotes

1.

Executions in the U.S. from 1976–1986, Death Penalty Info. Ctr., http://www.deathpenaltyinfo.org/executions-us-1976-1986 (last visited Feb. 13, 2012); Executions in the U.S. from 1987–1990, Death Penalty Info. Ctr., http://www.deathpenaltyinfo.org/executions-us-1987-1990 (last visited Feb. 13, 2012); see infra Chapter 16, note 35–37 and accompanying text.

2.

Rev. Carroll Pickett & Carlton Stowers, Within These Walls: Memoirs of a Death House Chaplain 177 (2002).

3.

DeLuna v. State, 711 S.W.2d 44, 45 (Tex. 1986);

see infra Chapter 16, notes 249–261 and accompanying text.

4.

DeLuna v. State , 711 S.W.2d 44, 45 (Tex. 1986);

see infra Chapter 2, notes 249–255, 269 and accompanying text.

5.

DeLuna v. State , 711 S.W.2d 44, 45 (Tex. 1986);

see infra Chapter 3, notes 83–100 and accompanying text.

6.

Transcribed Videotape Interview with Carroll Pickett, Texas Death House Chaplain, in Huntsville, Texas (Feb. 26, 2005) at 22:59:00–23:00:20;

see also Rev. Carroll Pickett & Carlton Stowers, Within These Walls: Memoirs of a Death House Chaplain 175–76 (2002); see infra Chapter 16, notes 73–81, 89–91, 182–185 and accompanying text.

7.

Rev. Carroll Pickett & Carlton Stowers, Within These Walls: Memoirs of a Death House Chaplain 176 (2002); Transcribed Videotape Interview with Carroll Pickett, Texas Death House Chaplain, in Huntsville, Texas (Feb. 26, 2005) at 22:23:15;

see infra Chapter 16, notes 218–219 and accompanying text.

8.

Transcribed Videotape Interview with Carroll Pickett, Texas Death House Chaplain, in Huntsville, Texas (Feb. 26, 2005) at 22:23:15.

9.

Transcribed Videotape Interview with Carroll Pickett, Texas Death House Chaplain, in Huntsville, Texas (Feb. 26, 2005) at 22:03:50, 23:00:20.

10.

See infra Chapter 16, notes 106–108, 116–119 and accompanying text.

11.

Rev. Carroll Pickett & Carlton Stowers, Within These Walls: Memoirs of a Death House Chaplain 179 (2002); see infra Chapter 16, notes 35–37, 82–83 and accompanying text.

12.

See infra Chapter 16, notes 168–192 and accompanying text.

13.

Rev. Carroll Pickett & Carlton Stowers, Within These Walls: Memoirs of a Death House Chaplain 177, 179 (2002); see infra Chapter 16, notes 250–261 and accompanying text.

14.

Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 1 (“On the above date I contacted FERNANDO SCHILLING (TDC#563535), at the Jester III unit in Richmond, Texas.”).

15.

Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 4 (“When I showed Mr. Schillings [sic] the two photographs I had [of Carlos DeLuna and Carlos Hernandez], 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.’”).

16.

See infra Chapter 6, notes 42–46, 53–60, 103–105, 118–120, 208–222 and accompanying text; infra Chapter 7, note 103 and accompanying text; infra Chapter 8, notes 26–41 and accompanying text; infra Chapter 17, notes 51–68, 81–91, 104–105 and accompanying text.

17.

Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 4 (“When I showed Mr. Schillings [sic] the two photographs I had [of Carlos DeLuna and Carlos Hernandez], 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.’”).

18.

Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 4 (“When I showed Mr. Schillings [sic] the two photographs I had [of Carlos DeLuna and Carlos Hernandez], 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.’”).

19.

Peso Chavez’s Notes on Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez (Aug. 5, 2004) at 4 (“When I showed Mr. Schillings [sic] the two photographs I had [of Carlos DeLuna and Carlos Hernandez], 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.’”);

see Transcribed Videotape Interview with Freddy Schilling, Brother-in-Law of Carlos Hernandez, in Corpus Christi, Texas (Feb. 24, 2005) at 14:48:55–14:51:23.

20.

.See infra Chapter 6, note 28 and accompanying text.

21.

See infra Chapter 6, notes 144–152 and accompanying text.

22.

See infra Chapter 6, note 147 and accompanying text.

23.

See infra Chapter 6, notes 145–146 and accompanying text.

24.

See infra Chapter 6, notes 148–149 and accompanying text.

25.

See infra Chapter 6, notes 166–172 and accompanying text.

26.

Transcribed Videotaped Interview with Karen Boudrie-Evers, Corpus Christi Television Reporter, in Dallas, Texas (Feb. 28, 2005), at 02:59:38–03:00:38 (“I knew Eddie [Garza]. He was a nice guy. He had a good reputation just as being a good guy and a good cop . . . . Paul [Rivera] and Eddie were like Batman and Robin. At that time, they were the greatest detectives ever.”);

Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:21:44–00:22:43:

This is a picture of me and Paul Rivera arresting Carlos Hernandez at a younger age. It was reference of murder, I know that. There was another subject that was also arrested for the same crime, murder . . . . I believe this was in the case of Dahlia Sauceda, another murder that had occurred where she was knifed to death in the back of her van. And we had Jesse Garza, I believe, was another person that we were working in regards [to that crime]. . . . [T]here was a total of three or four people that were brought in on that particular murder. But later on, in ’86, I obtained a statement from a female, Diana Gomez, that told us that Carlos Hernandez was the one that had committed that crime.

See Transcribed Videotape Interview with Jon Kelly, Lawyer for Carlos Hernandez, in Corpus Christi, Texas (Dec. 9, 2004) at 06:22:16–06:24:02, 06:24:24–06:27:36:

“The two gentleman in the picture with Carlos there, to his left and to the right of the picture [are] Eddie Garza, and just behind Carlos is Paul Rivera, now I believe Chief Deputy of the Nueces County Sheriff’s Office. They were the top murder investigators for the CCPD at that time”; “Eddie and Paul were conscientious. They were very good investigators. . . . They were the city’s top murder investigators. . . . [T]hey were tough, but in the end, they tried to be fair. . . . Eddie and Paul were the two top investigators for the Corpus Christi Police Department. There were even people senior [to them], but if you had a serious murder case, and you wanted it investigated seriously, you wanted Eddie and Paul. They were considered the top people. I mean, if there were others involved they usually were on the periphery, and Paul and Eddie would do the serious, on-the-ground investigation. . . . [T]heir reputation was that they were fair men. And that, if shown, or if they came upon evidence that would harm their case, but actually, they thought, led to a different result, they wouldn’t hide it.”

Tamara Theiss’s Notes on Interview with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda cases (Feb. 27, 2005) at 1 (“I worked under [Detectives] Paul Rivera and Eddie Garza. . . . [T]hey taught me how to investigate a crime. . . . They really acted as my mentors . . . [and] taught me to go down every rabbit hole to see where it led, no matter what the result . . . [and] investigate every angle and every lead in a case, even if it didn’t pan out.”).

27.

See infra Chapter 7, note 23 and accompanying text.

28.

See infra Chapter 7, notes 223–232 and accompanying text.

29.

See infra Chapter 7, notes 39–46, 133–134 and accompanying text.

30.

See Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 6, 2004) at 00:21:44–00:22:43:

This is a picture of me and Paul Rivera arresting Carlos Hernandez at a younger age. It was reference of murder, I know that. There was another subject that was also arrested for the same crime, murder . . . . I believe this was in the case of Dahlia Sauceda, another murder that had occurred where she was knifed to death in the back of her van. And we had Jesse Garza, I believe, was another person that we were working in regards [to that crime]. . . . [T]here was a total of three or four people that were brought in on that particular murder. But later on, in ’86, I obtained a statement from a female, Diana Gomez, that told us that Carlos Hernandez was the one that had committed that crime.

See infra Chapter 7, notes 176–177, 200–203 and accompanying text & Figure 20.

31.

See infra Chapter 17, notes 51–76, 92–99, 103 and accompanying text.

32.

See infra Chapter 17, note 110 and accompanying text.

33.

See infra Chapter 17, note 111 and accompanying text.

34.

Investigator’s Report of Custodial Death of Carlos Hernandez, TDCJ No. 539060, Texas Dep’t of Criminal Justice Internal Affairs Division (May 6, 1999);

Dep’t of Health, Bur. of Vital Statistics, Certificate of Death for Carlos Hernandez (May 28, 1999) (“immediate cause” of death was “End Stage Cirrhosis due to ETOH/IVDU (intravenous drug abuse) several years”; the certificate identifies as sequentially important “underlying causes” “Multiple System Failure due to alcohol abuse several decades; and IDDM (Type 1, insulin dependent Diabetes Mellitus) uncontrolled several decades”; cigarette smoking was a “probable contributor to death.”).

35.

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Fidela Hernandez, Mother of Carlos Hernandez (Sept. 15, 2004) at 2 (“Fidela had insurance policies on all her children. Carlos was buried by the state.”).

36.

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Fidela Hernandez, Mother of Carlos Hernandez (Sept. 15, 2004) at 2 (“Fidela thought about moving [Carlos back to Corpus Christi to be buried] but, ‘dirt is dirt’ . . . .”);

see Dep’t of Health, Bur. of Vital Statistics, Certificate of Death for Carlos Hernandez (May 28, 1999) (indicating that Carlos Hernandez was buried on May 11, 1999 in the Texas Department of Correction’s pauper’s cemetery in Huntsville, Texas, in the 25th section C, Row F, Space 7).