Press Coverage

Local law firm and Mexican government say convicted murderers are innocent

Ginger Allen

CBS 11 TV - Investigations

A Dallas law firm is joining forces with the Mexican government to pressure Texas to release two men who are serving life sentences for murder. Attorneys say new evidence proves the men did not do it... and they say, the state had questions at the time it convicted them.

In 1996, a desperate 9-1-1 call came from Evangelina Cruz, a mother of four and a clerk at a convenience store near Lubbock. She had been shot nine times and lived just long enough to describe her killers. She described them as Hispanic males, 18-to-20 years old. She said one had short hair and one had long hair. They were driving a gold car.

About an hour later police stopped Alberto Sifuentes, a 22-year-old Hispanic male with long hair, and Jesus Ramirez, a 48-year old Hispanic male with short hair. They were driving a gold car. They were about ten-miles away from the store.

CBS 11 News had an exclusive interview with Jesus Ramirez from behind bars at the Stiles Unit near Beaumont.

"Did you have a gun that night?" Ramirez answered, "No, no ma'am."

"Was there blood on you when you were stopped?" "No ma'am - nothing."

Officers released the men the night of the murder, but the next day Sifuentes and Ramirez were arrested for Cruz' murder. Ramirez and Sifuentes were convicted in 1998 and sentenced to life in prison.

"Mr. Ramirez, did you commit this murder?" "No, ma'am, never. I never commit this murder."

"Did Alberto Sifuentes?" "No, ma'am."

"This is the worst case I've ever seen," says the Mexican Consulate Miguel Rhea.

Eight years later, Consul Rhea says they are innocent. "The jury and the district attorney had the knowledge that they did not commit a crime."

And Dallas lawyer Barry McNeil says he can prove it. "The state did not investigate this case whatsoever," McNeil says.

McNeil's law firm, Haynes and Boone, has dedicated four attorneys and spent more than one million dollars investigating this case, setting up websites, and planning rallies to prove Sifuentes and Ramirez are innocent.

McNeil contends Ramirez was too old to match the description. He says there was no weapon, no blood, and no evidence in their car the night the men were stopped.

"Their only witness was telling a falsehood..." says McNeil. McNeil claims the state based its entire case on this eyewitness who said she saw the men in the store. "She was not there at the time of the crime. She wasn't there 15 minutes before the crime. She wasn't there an hour before the crime. She was there an hour and a half before the crime and she didn't see them," says McNeil.

Some of the most compelling new evidence includes sworn statements from witnesses who testify that Ramirez and Sifuentes were at a nightclub the night of the murder and did not leave until nearly 2:00am. The nightclub was in Lubbock. The murder occurred eight minutes later in Littlefield. Littlefield is 30-miles away.

Finally, attorneys argue there was no motive. McNeil says, "Jesus Ramirez neither needed gas nor money. He was gainfully employed in West Texas, had a sterling record, neither of the two had any criminal record."

The Dallas attorneys do plan to argue that two young, Hispanic brothers who witnesses have now testified needed gas money and were minutes away from the store that night... did have a motive, did have criminal records, and did commit this crime.

The former state investigator disagrees. "There is no doubt in my mind we have the right individuals," says Greg Parrott, who worked for the Texas Attorney General at the time of the investigation. Parrott says the case was built on witness testimony and other evidence. He says, "It wasn't the scientific evidence such as DNA, fingerprints, shoe impressions, things that the public normally expects." Despite the lack physical evidence, "it's my opinion we have the right individuals in jail. If there is someone else being brought up then I'm sure the state will do the right thing and inquire of that."

Next month, the Dallas attorneys will argue for a new trial for Ramirez and Sifuentes. For that reason no one from the state could speak specifically about the case; however, the Lamb County District Attorney did send CBS 11 News a fax stating that the defendants were convicted by two juries, in two trials, in counties...and the appeals for both cases were overturned so they should not be released.