Columbia Human Rights Law Review devotes entire issue to wrongfully executed Carlos DeLuna


The entire current issue of the Columbia Human Rights Law Review is given over to the tragic wrongful execution of Carlos DeLuna, an almost certainly innocent man who was murdered by the state of Texas on 8 December 1989. DeLuna's case is one where "everything that could go wrong did go wrong" in the words of Columbia law Professor James Liebman, who, with 12 students, wrote the 436-page issue. None of the evidence that would have exonerated DeLuna was considered by police or the prosecution, and the likely culprit, a man who was also named Carlos, and who was frequently mistaken for DeLuna, went free. It's a nightmarish account of a man whom the authorities "knew" to be guilty, who was killed despite his innocence. It's a chilling reminder where laws like the UK's stop-and-search rules (which allow police to stop and search without suspicion, if they "just know" there's something wrong) and the no-fly list (which allows for the arbitrary removal of the right to travel without any public airing of evidence or charge, when authorities "just know" you're not safe to fly) will inevitably end up.

From a Guardian story by Ed Pilkington:

From the moment of his arrest until the day of his death by lethal injection six years later, DeLuna consistently protested he was innocent. He went further – he said that though he hadn't committed the murder, he knew who had. He even named the culprit: a notoriously violent criminal called Carlos Hernandez.

The two Carloses were not just namesakes – or tocayos in Spanish, as referenced in the title of the Columbia book. They were the same height and weight, and looked so alike that they were sometimes mistaken for twins. When Carlos Hernandez's lawyer saw pictures of the two men, he confused one for the other, as did DeLuna's sister Rose.

At his 1983 trial, Carlos DeLuna told the jury that on the day of the murder he'd run into Hernandez, who he'd known for the previous five years. The two men, who both lived in the southern Texas town of Corpus Christi, stopped off at a bar. Hernandez went over to a gas station, the Shamrock, to buy something, and when he didn't return DeLuna went over to see what was going on.

DeLuna told the jury that he saw Hernandez inside the Shamrock wrestling with a woman behind the counter. DeLuna said he was afraid and started to run. He had his own police record for sexual assault – though he had never been known to possess or use a weapon – and he feared getting into trouble again.

The wrong Carlos: how Texas sent an innocent man to his death

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