http://www.cnn.com/2005/US/11/20/texas.execution.ap/index.html
HOUSTON, Texas (AP) — Doubts are being cast on the guilt of a Texas man executed more than a dozen years ago after the crime’s lone witness recanted and a co-defendant said he allowed his friend to be falsely accused under police pressure, the Houston Chronicle reported Sunday.
Ruben Cantu was 17 in 1984 when he was charged with capital murder in the fatal shooting of a man during an attempted robbery in San Antonio. The victim was shot nine times with a rifle before the gunman unloaded more rounds into the only eyewitness.
The eyewitness, Juan Moreno, told the Chronicle that it wasn’t Cantu who shot him. Moreno said he identified Cantu as the killer during his 1985 trial because he felt pressured and was afraid of authorities. (Watch the reporter investigating the case — 3:16)
Meanwhile, Cantu’s co-defendant, David Garza, recently signed a sworn affidavit saying he allowed his friend to be accused, even though Cantu wasn’t with him the night of the killing.
Cantu was executed at age 26. He had long professed his innocence.
“Part of me died when he died,” said Garza, who was 15 at the time of the murder. “You’ve got a 17-year-old who went to his grave for something he did not do. Texas murdered an innocent person.”
Miriam Ward, forewoman of the jury that convicted Cantu, said the panel’s decision was the best they could do based on the information presented during the trial.
“With a little extra work, a little extra effort, maybe we’d have gotten the right information,” Ward said. “The bottom line is, an innocent person was put to death for it. We all have our finger in that.”
Sam D. Millsap Jr., then the Bexar County district attorney who decided to charge Cantu with capital murder, told the newspaper he never should have sought the death penalty in a case based on testimony from an eyewitness who identified a suspect only after police showed him Cantu’s photo three separate times.
On the night of the attack, 19-year-old Moreno and his friend, 25-year-old Pedro Gomez, were sleeping in a house they were helping build for Moreno’s brother. Burglars had recently struck, so they were guarding the home, located across the street from the trailer where Cantu lived.
Both were awoken by a pair of teenagers demanding money. The older of the two carried a .22-caliber rifle. Gomez was killed; Moreno was shot but survived.
Afterward, Moreno described his attackers as two Mexican-Americans he thought lived nearby.
After a South San Antonio High School teacher mentioned that students were saying Cantu had done the killing, police showed Moreno photos of five Hispanic men, including Cantu. Moreno, however, did not identify Cantu as his attacker and the case appeared closed.
About four months later, Cantu was involved in a bar shooting that injured an off-duty police officer. Cantu said the shooting erupted over a pool game and that he fired only when the officer flashed a gun and threatened him. The officer later said Cantu shot him four times in an unprovoked attack.
That case against Cantu was dropped.
“There was an overreaction, and some of the evidence may have been tainted. It could not be prosecuted,” said former homicide Sgt. Bill Ewell, who oversaw the investigation.
Ewell, a friend of the officer, said the bar shooting prompted him to reopen the Gomez murder case.
He sent a bilingual homicide detective to show Cantu’s photo to Moreno for the second time. Moreno still did not identify Cantu.
The next day, Ewell sent out a different bilingual detective who brought Moreno, who was then an illegal immigrant, back to the police station. Moreno was again shown Cantu’s photo along with four others. The officer’s report indicates that Moreno picked out Cantu, then signed and dated the back of the photo.
But the photo submitted into evidence at trial was not dated on the back, according to trial transcripts. Moreno said he felt compelled to do what police wanted, even though he knew it was wrong.
“The police were sure it was (Cantu) because he had hurt a police officer,” Moreno said in a recent interview. “They told me they were certain it was him, and that’s why I testified.”
Ewell, now retired, told the Chronicle, “I’m confident the right people were prosecuted.”
It really rules when I get records in the mail. One Reason/Defiance, Ohio split 7″ pressed on a melted Coke bottle. How cool is that? I guess my Thanksgiving break is going to be spent alone at my house all day listening to records. My mom says she wants to get me a new bike. I guess I could use it to go places and get rid of the crappy BMX I’m using now. If I do get one then everyone tell me if you want to hang out. Or if you want to start a bicycle gang and destroy the city or if you live by a fire station and want to pick me up a registration form.
I want to see if I can volunteer at the 3rd Ward Community Bike Center over the summer since I don’t do anything during the summer and I want to learn how to fix bikes. I don’t know how to fix bikes they probably won’t have anything I can do except organizing nuts and bolts which is a job I’m willing to do because I wanna volunteer and learn how to fix bikes so bad.
Well I spent my Saturday recording acoustic R.A.M.B.O. covers. Here they are if you want to listen to them.
Avenge the Anarchy Moose
U-LOCK JUSTICE
I like the Anarchy Moose the best. I was playing U Lock Justice at school on Friday and some guy told me I sucked. He’s the same guy that played the System of a Down song at the talent show and got beat by a freshman that just jumped around yelling and doing karate moves. U LOCK JUSTICE rules.
Last night I was watching this show on TV and they showed this guy who lives in Australia and he dug giant tunnels and caves underground and he lives there for only $80 a year. It was awesome. He has a neighbor that has one of those cave houses, too. I forgot what happened after that but I remember seeing a baby kangaroo peeing in a dog’s mouth for like 2 minutes. It was the coolest thing ever.
I found out that Morgan has been writing all of her vocabulary tests about me because she hates me so much and wants to be creepy so she can scare me. I asked her if I could read some and she said no. I have to find out what they’re like I hope they’re somewhat good. I talked to Marsha recently and I haven’t talked to her in a while but a few weeks ago I heard something about her and it was kinda funny and scary and I brought it up and I think she got mad at me haha. And Sarah is in California right now so I can’t see her any time soon and I’m making her pick me up an issue of Maximum Rock ‘n Roll because I really have no idea what else they have in Berkeley. She got me a whistle Pez dispenser a while ago so I gave her a giftwrapped box of Wheat Thins on Friday.
I pulled this out of the trash. It was ripped in pieces so I taped it back together.
I think I’m gonna go see the Brokenhearted and Dr. Awkward at Super Happy Fun Land on Friday. Speaking of which if any of you have a video camera, tell me. Because Andrew Sainz and I are trying to get the last Rosa show, whenever it is, on film.
