News Article:
AFP – Tue, 15th May 2012 05:11 AM

was the spitting image of the killer, had the same first name and was
near the scene of the crime at the fateful hour: Carlos DeLuna paid the
ultimate price and was executed in place of someone else in Texas in
1989, a report out Tuesday found.

Even “all the relatives of
both Carloses mistook them,” and DeLuna was sentenced to death and
executed based only on eyewitness accounts despite a range of signs he
was not a guilty man, said law professor James Liebman.

and five of his students at Columbia School of Law spent almost five
years poring over details of a case that he says is “emblematic” of
legal system failure.

DeLuna, 27, was put to death after “a very
incomplete investigation. No question that the investigation is a
failure,” Liebman said.

The report’s authors found “numerous
missteps, missed clues and missed opportunities that let authorities
prosecute Carlos DeLuna for the crime of murder, despite evidence not
only that he did not commit the crime but that another individual,
Carlos Hernandez, did,” the 780-page investigation found.

report, entitled “Los Tocayos Carlos: Anatomy of a Wrongful Execution,”
traces the facts surrounding the February 1983 murder of Wanda Lopez, a
single mother who was stabbed in the gas station where she worked in a
quiet corner of the Texas coastal city of Corpus Christi.

“Everything went wrong in this case,” Liebman said.

That night Lopez called police for help twice to protect her from an individual with a switchblade.

“They could have saved her, they said ‘we made this arrest immediately’ to overcome the embarrassment,” Liebman said.

Forty minutes after the crime Carlos DeLuna was arrested not far from the gas station.

was identified by only one eyewitness who saw a Hispanic male running
from the gas station. But DeLuna had just shaved and was wearing a white
dress shirt — unlike the killer, who an eyewitness said had a mustache
and was wearing a grey flannel shirt.

Even though witnesses
accounts were contradictory — the killer was seen fleeing towards the
north, while DeLuna was caught in the east — DeLuna was arrested.

“I didn’t do it, but I know who did,” DeLuna said at the time, saying that he saw Carlos Hernandez entering the service station.

DeLuna said he ran from police because he was on parole and had been drinking.

known for using a blade in his attacks, was later jailed for murdering a
woman with the same knife. But in the trial, the lead prosecutor told
the jury that Hernandez was nothing but a “phantom” of DeLuna’s

DeLuna’s budget attorney even said that it was probable that Carlos Hernandez never existed.

However in 1986 a local newspaper published a photograph of Hernandez in an article on the DeLuna case, Liebman said.

Following hasty trial DeLuna was executed by lethal injection in 1989.

Up to the day he died in prison of cirrhosis of the liver, Hernandez repeatedly admitted to murdering Wanda Lopez, Liebman said.

the flaws in the system that wrongfully convicted and executed DeLuna
— faulty eyewitness testimony, shoddy legal representation and
prosecutorial misconduct — continue to send innocent men to their death
today,” read a statement that accompanies the report.

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