TEXAS - The death sentence for Carlos DeLuna by Texas court in 1989 turned out by an independent inquiry found that the court wrongly sentenced over DeLuna’s death.
These findings undermine the words of Antonin Scalia, one of the judges on the U.S. Supreme Court a few years back with pride to say, there is no fault of the death sentence against an alleged offender.
However, Scalia seems to have attracted such words. Now clearly found that there was someone who had been executed for a crime he did not commit, and name was Carlos DeLuna.
This fact is revealed by a law professor from Columbia Law School, James Liebman. Liebman and 5 students spent five years researching and analyzing the case is referred to as evidence of the failure of the legal system at that time.
The report, entitled ‘Los Tocayos Carlos: Anatomy of a Wrongful Execution’, is to uncover the facts of the murder of Wanda Lopez in February 1983 ago. Wanda was stabbed to death at a petrol station where she worked in Corpus Christi, Texas.
According to Liebman, DeLuna (27) sentenced to death and executed based solely on the testimony of an eyewitness. Though much other evidence showing his innocence in the case. It is said Liebman, DeLuna was executed based on an incomplete investigation.
“No doubt, the investigation of this case have failed,” Liebman said in a report such as AFP Tuesday (5/15/2012).
“Many a false step, the instructions are missing and the missed opportunities resulting in the omission of local authorities prosecute the murder of Carlos DeLuna, but there is evidence to suggest that he did not do it but someone else, Carlos Hernandez, who did it,” the report as thick 780 pages.
Described Liebman, DeLuna was arrested by police not far from the scene. One witness identified the perpetrator is a Hispanic man who ran away from the gas station after seeing police. Whereas the characteristics of perpetrators and DeLuna very contradictory.
DeLuna was wearing a white shirt and had just shaved, while the perpetrator was wearing a gray shirt and a mustache. In addition, witnesses also said that the perpetrators fled to the north, while DeLuna was arrested in the east.
“I do not do it, but I know who did it,” DeLuna said at the time. To the police DeLuna confessed ran away from police because he was on probation and had just finished drinking alcohol. DeLuna also admitted he saw the actual perpetrator, Carlos Hernandez entered the gas station area.
By ignoring the evidence and facts, DeLuna finally injected to death in 1989 ago. After that, came the recognition of the actual perpetrator, Hernandez who was also jailed for the murder of another woman. The day before he died in prison due to liver disease, Hernandez admitted that he killed Wanda Lopez.
Carlos DeLuna: Another False Innocence Claim?
Dudley Sharp
No one can, responsibly, accept what the Liebman/DeLuna report says, without fully fact checking it, as well as evaluating bias.
However, we can review the previous record of both Liebman and the anti death penalty movement and assert that a healthy skepticism would be merited and wise.
What happened when folks took the time to fact check Liebman’s prior opus, “A Broken System”? Take a look.
“A Broken Study: A Review of ‘A Broken System”
http://prodpinnc.blogspot.com/2009/10/broken-study-review-of-broken-system.html
Any good anti death penalty defense counsel, as Liebman, can make a convincing case, absent the prosecution’s case and rebuttal. That is all we have, now.
Possibly, at some point, this report will be fact checked, as these were:
“The Innocent Executed: Deception & Death Penalty Opponents”
http://homicidesurvivors.com/2009/10/08/the-innocent-executed-deception–death-penalty-opponents–draft.aspx
This is the perfect storm for anti death penalty folks. Both the “innocent” and “guilty” parties are dead and an, often,way too eager press plays defense mouthpiece for an anti death penalty report.
Am I saying that this newest Liebman report is total BS, just another anti death penalty tome whereby the conclusions can either be easily rebutted or that stronger positions can be made for guilt, with a thorough review, as was the case with many prior such cases?
No. But anyone would be a fool not to consider that possibility.
Time will tell.
and
MORE ON DELUNA
“The DeLuna Deception: At the Death House Door” Can Rev. Carroll Pickett be trusted?”
http://homicidesurvivors.com/2009/01/30/fact-checking-is-very-welcome.aspx
“Those closest to Carlos DeLuna case say Columbia Human Rights study doesn’t raise new questions”,
http://www.caller.com/news/2012/may/16/those-closest-to-carlos-deluna-case-say-columbia/
“Report questioning execution doesn’t sway lawyers”, MICHAEL GRACZYK, Associated Press, May 16, 2012
http://www.chron.com/news/article/Report-questioning-execution-doesn-t-sway-lawyers-3564112.php
FALSE INNOCENT CLAIMS
See Section B. The false innocence claims by anti death penalty activists are both blatant and legendary
within
“The Death Penalty: Saving More Innocent Lives”
http://prodpinnc.blogspot.com/2012/03/death-penalty-saving-more-innocent.html