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Part 2 of Chicago Tribune Series on Carlos De Luna

Excerpt

THE FINAL HOURS

After years of failed appeals, De Luna lost his final bid for clemency on Dec. 6, 1989.

By then, prison guards had moved him to the holding cell just steps from the execution chamber in Huntsville. It was there that he met death-house chaplain Carroll Pickett. A Presbyterian minister, Pickett had counseled 32 other prisoners in the seven years since Texas resumed executions in 1982.

As he had with each prisoner, Pickett explained to De Luna every detail of what would take place in the coming hours: how the warden would come and say it was time to go; how there were eight steps from the holding cell to the door of the execution chamber, five more to the gurney; how guards would strap him down; and then, finally, how the warden would remove his glasses to signal for the flow of lethal chemicals to begin.

De Luna’s only question for Pickett was whether it would hurt when the needles were inserted in his arm.

Later that day, De Luna, the youngest of nine children, visited with family members–his sister Rose, her fiance, a half brother and his wife.

Shortly before 5 p.m., the U.S. Supreme Court turned down his appeal. De Luna showered and donned dark blue pants and a light blue shirt.

Increasingly anxious, he asked Pickett if he could call him daddy. “I never had a daddy,” Pickett said De Luna told him. “You are like my daddy should have been.”

About 7 p.m., after the governor denied De Luna’s clemency request, Pickett talked to him about the crime. In ministering to condemned prisoners, Pickett had learned that, in their last hours, most inmates, even those who would claim innocence in a final statement, would confide their guilt to him.

“I’m the last person they’re going to talk to,” Pickett said in an interview, “so they feel they can finally talk about it.”

De Luna told him he was innocent.

Shortly before 10 p.m., De Luna asked to make a call to a former Corpus Christi TV reporter who had covered the trial and kept in touch in the years afterward.

“We both knew there was no hope at that point,” the reporter, Karen Boudrie, said. “I asked him point-blank: Is there anything you want to get off your chest?

“He said, `I’m not the bad guy they say I am,'” she recalled. “He said, `I didn’t do it.'”

Around 11 p.m., De Luna looked at Pickett and said, “Let’s get serious.”

They grasped hands through the cell bars, and De Luna asked Pickett to pray that he would be strong in his last minutes and that he would be quickly received into heaven.

When they began, Pickett noticed, De Luna was sitting on the side of the bunk; by the end, he had dropped to his knees on the cell’s cold concrete floor.

“A little after 12, the signal came. I stepped back,” Pickett recalls in a recording he made shortly after the execution. “The doors opened. I walked into the death chamber, the death house itself. Carlos followed behind me.”

De Luna climbed onto the gurney. “As he laid down, he said, `Are you here, chaplain?’ I had assured him I would be. He asked me to hold his hand. . . . I told him he had done fine,” Pickett says on the tape. “And he said, `This is not so bad.'”

After the witnesses to the execution filed in, the warden asked: “Carlos De Luna, do you have any last words?” De Luna made no reference to the slaying of Wanda Lopez. “I want to say that I don’t hold any grudges,” he said as part of his short final statement.

At that, the warden removed his glasses.

“After about 10 seconds, [De Luna] raised up his head and looked at me with those big brown eyes,” Pickett says on the tape. “The warden looked at me, and I looked at him. He was concerned. I was concerned. Something was not going right. Because he should have been asleep.

“After about 10 seconds more, he raised his head up again. He looked square in my face and my eyes. I just simply squeezed his leg. I don’t know what he was trying to say. I wish I did.

“This bothers me and probably will forever and ever. Because nothing was happening. I had told him, I had promised him it wouldn’t hurt, it wouldn’t take long. Now we were more than 25 seconds into it, and he was still able to raise his head up and look. I was sickened.”

Pickett looked at the tube running into De Luna’s veins. He could see the bubbles indicating where each chemical ended and the next began.

More than 9 minutes passed.

“He gave a couple of exhales, and that was it.” At that, the doctors came in and declared De Luna dead. It was 12:24 a.m.

“The first injection began at 12:14,” Pickett spoke into the tape recorder later. “This was 10 minutes. Too long. Way. Too. Long.”

Partly as a result of watching De Luna’s execution, Pickett eventually became an activist against the death penalty.

“This one I wonder: What was he trying to tell me, if anything, when he raised up his head? … What did he say? What did he think?

“Whatever,” Pickett added, “Carlos De Luna did not need those extra minutes and certainly not those extra 25 seconds. That I will never forget.”


The first part of The Chicago Tribune report is live at their website. Read the whole story at www.chicagotribune.com. The Tribune also has a page with links to photos and interviews.

`I didn’t do it. But I know who did’
New evidence suggests an execution in 1989 in Texas was a case of mistaken identity. First of three parts.

Did this man die … for this man’s crime?

By Maurice Possley and Steve Mills
Tribune staff reporters
Published June 24, 2006

Photos: The victim and crime scene (Warning: Graphic content)

For many years, few questioned whether Carlos De Luna deserved to die.

His closed the book on the stabbing of Wanda Lopez, a single mother and gas station clerk whose final, desperate screams were captured on a 911 tape.

Arrested just blocks from the bloody crime scene, De Luna was swiftly convicted and sentenced to death –even though the parolee proclaimed his innocence and identified another man as the killer.

But 16 years after De Luna died by lethal injection, the Tribune has uncovered evidence strongly suggesting that the acquaintance he named, Carlos Hernandez, was the one who killed Lopez in 1983.

Ending years of silence, Hernandez’s relatives and friends recounted how the violent felon repeatedly bragged that De Luna went to Death Row for a murder Hernandez committed.

The newspaper investigation
, involving interviews with dozens of people and a review of thousands of pages of court records, also shows the case was compromised by shaky eyewitness identification, sloppy police work and a failure to thoroughly pursue Hernandez as a possible suspect.

These revelations, which cast significant doubt over De Luna’s conviction, were never heard by the jury.

His case represents one of the most compelling examples yet of the discovery of possible innocence after a prisoner’s execution.


Read the rest of the article
.

Part 2: Monday
Phantom or er

Part 3: Tuesday
What the jury didn’t hear

Last night ABC’s Nightline gave us the first details of the case of Carlos De Luna. The investigation was apparently first initiated by the NAACP Legal Defense and Educational Fund, which got the Chicago Tribune interested and then ABC’s Nightline joined the effort a few months ago. The involvement of the NCADP LDEF should come as no surprise, since they were also responsible for spearheading investigations that uncovered the probable wrongful executions of Larry Griffin in Missouri and Ruben Cantu in Texas.

A few notes from the Nightline broadcast:

Wanda Lopez was killed in 1983 in a Corpus Christi convenience store where she was working. She had called 911 after seeing a man with a knife in the store. The man began attacking her and her last screams are recorded on the 911 call. Carlos De Luna was arrested about 40 minutes after the murder hiding under a pick-up truck. He says he ran and hid because he had seen all the commotion and was scared. He was identified by an eyewitness and later convicted and sentenced to death.

Carlos De Luna was convicted and executed based on one nighttime eyewitness account. There was no physical evidence linking De Luna to the crime. Despite a bloody crime scene typical of a stabbing death, not a drop of blood was found on De Luna, even though he was arrested within an hour of the crime. There were no fingerprints found at the crime scene that matched De Luna’s. He was executed in 1989 – proclaiming his innocence to the end. Almost immediately after the crime, tipsters had begun telling the police that another man named Carlos Hernandez had been bragging that he had killed Lopez. One person said that Hernandez said that “Lopez had got the best of my knife”. Hernandez had been well-known in the area for carrying a knife. He was later convicted of another crime and died in prison from liver disease.

Rose Rhotan, sister of De Luna, was interviewed on Nightline saying everyone in the family knew “they were executing the wrong person”.

ABC will air more information on the Carlos De Luna case on tonight’s Weekend Edition of World News Tonight.

The Chicago Tribune will start publishing a three part series on the case tomorrow, Sunday, June 24, 2006.

Click Click here to see The Chicago Tribune’s preview of the story. The link contains a short video preview of the story.


On Dec 7, 1989, Carlos De Luna was executed in Texas for a murder in Corpus Christi. But a Chicago Tribune investigation has uncovered evidence he was not the killer.

Click here to see The Chicago Tribune’s preview of the story they will report this Sunday, Monday and Tuesday. The link contains a short video preview of the story.

To learn more watch ABC’s Nightline Friday, June 23, 2006.

TDCJ Info on Carlos De Luna

A moratorium on executions has been endorsed by the following media outlets in Texas: Abilene Reporter-News, Austin American-Statesman, Bryan-College Station Eagle, Corpus Christi-Caller-Times, Dallas Morning News, El Paso Times, Fort Worth Star-Telegram, Galveston County Daily News, Houston Chronicle, KPRC Channel 2 NBC Houston, San Antonio Express News, Victoria Advocate, Wichita Falls Times Record News. Read the endorsements on the TMN website.

The Chicago Tribune reported in November 2004 that Cameron Willingham was also probably innocent despite being executed by Texas in 2004. Willingham had been sentenced to death for an arson fire that killed his three daughters. Willingham’s last words were: “I am an innocent man, convicted of a crime I did not commit,” Willingham said angrily. “I have been persecuted for 12 years for something I did not do.”

In November 2005, The Houston Chronicle reported that Ruben Cantu, who was executed by Texas in 1993, was also probably innocent. Sam Millsap, Bexar Co. district attorney at the time of Cantu’s conviction – has said that he was the man “who is at least partially responsible for the execution of the 1st innocent man in the State of Texas”.

The Texas Democratic Party endorsed a moratorium on executions in its 2004 and 2006 platforms. The Travis County Commissioners Court has also passed a resolution calling for a moratorium.

Rep. Harold Dutton of Houston has introduced legislation to establish a moratorium on executions in every regular session of the Texas Legislature since 2001.

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