He 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.
He 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.
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.
"Unfortunately, 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.
basically texas murdered an innocent man. again. to me cases like this one and cameron todd willingham are the only argument i need to show how dumb and useless the death penalty is but i'm interested in hearing the opinions of people who are willing to ignore the murder of innocent people to satisfy their own blood lust